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Supreme Court of Illinois


People ex rel. Dir. of Corr. v. Booth, 99329

In a suit by the Department of Corrections to recover the cost of incarceration, with regard to a motion for issuance of an order for attachment against the proceeds of a personal injury settlement defendant received while incarcerated, a ruling that the state could not reach $7,500 of the settlement because of an exemption found in the Code of Civil Procedure is affirmed where the fact that defendant is a prisoner does not override the normal legal restrictions that otherwise govern civil damage claims.

Appellate Information

  • Decided 05/19/2005
  • Published 05/19/2005

Judges

  • Justice KARMEIER delivered the opinion of the court:

Court

  • Supreme Court of Illinois

Counsel

  • For Appellant:
  • Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Jan E. Hughes, Assistant Attorney General, Chicago, of counsel), for appellant.

  • For Appellees:
  • No appearance for appellee.
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