closures

Appeals court upholds restraining order

2012-09-17T00:30:00Z 2012-10-01T23:08:53Z Appeals court upholds restraining orderBY MARK FITTON, The Southern The Southern
September 17, 2012 12:30 am  • 

The Illinois Fifth District Appellate Court in Mount Vernon has denied the state’s appeal of a 30-day restraining order issued earlier this month in Alexander County.

The American Federation of State, County and Municipal Employees had sought the restraining order to temporarily halt closures of state facilities, including Tamms Correctional Center, Illinois Youth Center in Murphysboro and Southern Illinois Adult Transition Center in Carbondale.

An arbitrator had ruled in the union’s behalf, ordering the state and AFSCME to return to the bargaining table for 30 days before closures could begin. The union filed suit in Alexander County to effectively give that decision the weight of law.

Associate Circuit Judge Charles Cavaness of the First Judicial Circuit granted the 30-day restraining order Sept. 4. The state appealed Sept. 6.

Lawyers for state departments, including Central Management Services, Corrections and Juvenile Justice, argued the restraining order violated the separation of powers and infringed on Gov. Pat Quinn’s constitutional powers.

A three-judge panel of the Fifth District released its ruling Friday.

Affirming Cavaness’ decision, the appeals court said, “We find that the trial court did not abuse its discretion in granting AFSCME’s request for a temporary restraining order to maintain the status quo until the court rules upon the request for injunctive relief.”

Justice Melissa A. Chapman delivered the opinion. Justices Thomas M. Welch and Stephen L. Spomer concurred.

mark.fitton@thesouthern.com

618-351-5807

Copyright 2015 The Southern. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(3) Comments

  1. WatchfulEyeTWOpointO
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    WatchfulEyeTWOpointO - September 17, 2012 8:20 am
    Great published photo... good luck
  2. beenthere2
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    beenthere2 - September 17, 2012 8:14 am
    The prisons will be staying open. This is just the beginning of lawsuits the State of Illinois WILL LOOSE. Wait until pension reform is done. That lawsuit will be won and cost the State of Illinois MILLIONS!!!!!!!
  3. sgtstu
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    sgtstu - September 17, 2012 7:54 am
    Ok, how much money did Quinn cost the taxpayers this time? All he had to do was go by a an agreed contract with the state workers signed by the state and the union. How hard is that? And the pension deal to be done in January, do it right the first time and make sure it is leagal !!!! If not .it is going to cost so much in legal fees and reimbursments. Do not try to change (screw) workers already retired !
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