PEOPLE EX REL. DEPT. OF CORRECTIONS v. FORT

No. 4-03-0661.

815 N.E.2d 1246 (2004)

352 Ill. App.3d 309

287 Ill.Dec. 443

The PEOPLE of the State of Illinois ex rel. The DEPARTMENT OF CORRECTIONS, Plaintiff-Appellee, v. Hosea FORT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 15, 2004.


Attorney(s) appearing for the Case

Alan J. Novick (Court-appointed), Bloomington, for Hosea Fort.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Brian F. Barov, Assistant Attorney General, Chicago, for Department of Corrections.


Justice MYERSCOUGH delivered the opinion of the court:

Defendant, Hosea Fort, appeals the trial court's May 2003 permanent injunction, permitting the Department of Corrections (DOC) to force-feed defendant to prevent his death. Defendant argues the State failed to prove a legitimate penological interest was affected by defendant's hunger strike. We affirm.

I. BACKGROUND

On April 18, 2003, the State filed a complaint for injunctive relief and motion...

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