MAFSHALL PIPPION,Claimant, 2). THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant, an inmate, sought back pay for time he was wrongfully removed from his chef job. The court held inmates have no right to a job but awarded $60 for unassigned pay wrongfully withheld during segregation.
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Headnotes
- PRISONERS AND INMATES-in?TUlte’S chim for back pay while 1.emOVed from job denied-right to unassigned pay. Although an inmate was removed from his paid job as a prison chef during the time he was wrongfully placed in segregation for charges later found to be in error, his claim for back pay was denied because an inmate in an Illinois Correctional institution does not have a right to a job and therefore he did not lose something to which he had a right; but he did have a right to unassigned pay for the period, since all inmates receive this amount when they are not in segregation.
OPINION
PATCHETT,J. This is a claim filed by an inmate at the Stateville Correctional Center. Mr. Pippion was employed as a [*328] chef in September of 1987 in the kitchen. During that time period he was charged with certain infractions, and appeared before the adjustment committee of the Stateville Correctional Center on September 25, 1987.
The charges included assault, and disobeying a direct order. Mr. Pippion was initially found guilty of the charges, placed in segregation, lost 360 days of good time, and lost his job as a chef.
Mr. Pippion’s grievance was then reviewed by the Stateville Institution Inquiry Board. That board found that the initial finding had been in error. Mr. Pippion then received his good time back, and all restrictions against him were lifted. He eventually returned to his job as a chef.
Mr. Pippion then filed this action claiming back pay for the time period he was not working as a chef.
Testimony presented at the hearing on this matter clearly established an inmate in a correctional institution in the State of Illinois does not have a right to a job.
Indeed, only a small percentage of the inmates at Stateville held jobs which were paying positions. Claimant therefore did not lose something to which he had a right.
However, the Claimant was also denied his unassigned pay for the period in question. All inmates receive this amount when they are not in segregation.
Clearly, Mr. Pippion had a right to his unassigned pay since he was wrongfully placed in segregation. Therefore, we award Mr. Pippion the amount of his unassigned pay, which equaled ten dollars ($10.00) a month for six (6) months, or a total award of sixty dollars ($60.00).