WESTEFER v. SNYDER
725 F.Supp.2d 735 (2010)
United States District Court, S.D. Illinois.
July 20, 2010.
Some inmates testified to receiving misleading information from IDOC personnel about the likely duration of their confinement at Tamms and what they needed to do to be transferred out of the prison. For example, Plaintiff Sparling testified that during orientation at Tamms he was told that he would be confined at Tamms only for a year, provided that he behaved himself and was not disciplined: "[W]hen we came in for orientation they said do your year, go through level systems, don't get any tickets, and we will ship you out of Tamms." Doc. 513 (Sparling Testimony) at 11-12. Although Sparling complied with these instructions, in fact he remained at Tamms, as already has been noted, for six years and seven months, his confinement at the supermax prison being explained to him only as that he was "[p]roperly placed." Id. at 12. See also Doc. 514 (Carroll Testimony) at 37 (the witness testified that the common understanding among IDOC inmates in 1999 was that placement at Tamms was only for a year). Relatedly, IDOC inmate Gene Arnett, who currently is confined at Tamms, testified that IDOC personnel have told him that because of his poor disciplinary record he will never be transferred out of the supermax prison:
Q. And has anybody told you how long you are likely to stay here at Tamms?
A. Wardens have told me I'm never leaving Tamms.
Q. Have they told you what you can do to modify your behavior to get out of here?
A. They've told me because of my past I will never leave Tamms.
Doc. 433 (Testimony of Gene Arnett) at 75.
Significantly, even Tamms inmates who have maintained clean disciplinary records for years remain at the supermax prison, with no idea how long they may be confined there. For example, IDOC inmate Richard McCue testified that he remains confined at Tamms despite not having received a disciplinary ticket in nine years and despite having been in level three, which, as already has been discussed, is the security level assigned to the best-behaved Tamms inmates and the one that carries the most privileges, for eight years: