Charles Flynn v. JB Pritzker, et al.

Summary

The court screened a pro se prisoner’s complaint alleging that Illinois Governor JB Pritzker and the Illinois Prisoner Review Board violated his Fourteenth Amendment due process rights in handling his executive clemency petition. Relying on precedent holding that there is no federal liberty or property interest in obtaining executive clemency, the court dismissed the complaint with prejudice for failure to state a claim. Leave to replead was denied, and judgment was entered for the defendants.

Holdings

1. An Illinois prisoner has no Fourteenth Amendment property or liberty interest in obtaining a pardon or other executive clemency because Illinois leaves the decision whether to consider and grant clemency to the Governor's complete discretion.
2. A plaintiff has no federal due process right to require Illinois to follow its procedures for considering a clemency petition, and an alleged violation of state law is not, without more, a basis for a federal civil rights action.
3. The complaint and action must be dismissed with prejudice for failure to state a claim, and leave to replead must be denied because amendment would be futile.

Questions Presented

1. Whether an Illinois prisoner has a Fourteenth Amendment liberty or property interest in obtaining executive clemency or in having the State follow its clemency procedures.
2. Whether the complaint stated a plausible federal due process claim based on the alleged mishandling of the clemency petition.

Disposition

dismissed