This is a Federal complaint filed in 1993 (Nance v. Vieregge 93 cv 00055) by Dr. Nance while he was incarcerated in the Illinois Department of Corrections (IDOC) for a non-violent, drug offense. Dr. Nance did not have a G.E.D. when he was incarcerated. The discriminatory acts against Dr. Nance by IDOC started nearly 20 years ago, and continue today. Dr. Nance was subjected to "The New Jim Crow" model, which is exampled in the book written by Michelle Alexander. "The New Jim Crow" model is used by the Illinois Department of Corrections and its employees. Its also called "job security". This may be the main reason for recidivism rates being so high. Mass incarceration of a people will create dissent and resentment for the law and authority.
This complaint filed by Dr. Nance begins in Vandalia Correctional Center, not Graham Correctional Center. Because of this complaint, Dr. Nance was transferred from Vandalia to Graham to Centralia to East Moline all within a 28-month period of incarceration. Vandalia is where Defendant Vieregge worked. Dr. Nance had more than mere "photocopied" documents that were missing. Dr. Nance was punished by IDOC for filing this case. Dr. Nance was put in segregation for filing this case against IDOC, which was an isolated jail cell for 30 days, 23-hours a day. Dr. Nance was allowed to come out of this cell for 1-hour each day. Dr. Nance filed 4 additional Federal lawsuits against IDOC during his incarceration naming a numbers other defendants employed by IDOC for discriminatory practices. Nance v. Carroll (93 cv 137), Nance v. Haws (93 cv 305), Nance v. Gray (93 cv 629), and Nance v. Osborn (94 cv 44).
In the Vieregge case, the 7th Circuit court found that IDOC violated Dr. Nance's rights. This court reports that Dr. Nance's only remedies were to file a complaint in small claims court for the missing documents or to file for Executive Clemency. Dr. Nance was not aware of this 1998 decision until he discovered the case while researching other legal cases in 2007. No one contacted Dr. Nance to make him aware that this case had been decided. The missing papers and other documents demonstrated the ineffectiveness of counsel for Dr. Nance and the judicial prejudice of Judge Paul Foxgrover. Judge Foxgrover found Dr. Nance guilty. Approximately 18-months after convicting Dr. Nance, Judge Foxgrover was found guilty for theft of funds. See posting "Who is Judge Paul Foxgrover" (http://www.ipsn.org/fox.php)
Judge Foxgrover was stealing money from defendants in his court room. Dr. Nance accused Judge Foxgrover of stealing his money while his case was being prosecuted. Dr. Nance had physical proof of the theft, which was part of the missing papers. Dr. Nance filed for Executive Clemency in October of 2006, submitting to then Governor of Illinois, Rod Blagojevich. The petition now sits on the desk of Illinois Governor Pat Quinn. It is still pending, almost 4 years later.
In Nance v. Carroll the court reports: JUDGMENT (SJO/pjk) approved by Judge William L. Beatty entered in favor of defendants & against plaintiff dismissing case as frivolous (cc: all counsel) (fe) (Entered: 11/18/1993).
In Nance v. Haws the court reports: ORDER by Judge William D. Stiehl denying motion for leave to appeal in forma pauperis [8-1], denying motion for leave to amend complaint [7-1], denying motion for reconsideration of motion for in forma pauperis [7-2] (cc: all counsel) (myz) (Entered: 09/19/1994) MANDATE from Circuit Court, dismissing the appeal [7-1] for failure to timely pay the required docketing fee ROA was returned (fe) (Entered: 02/09/1995). Dr. Nance was still incarcerated, with no funds. The court violated his due process rights. The court denied Dr. Nance the right to appeal their decision.
In Nance v. Gray the court reports: MEMORANDUM AND ORDER by Chief Judge J. P. Gilbert denying motion for temporary restraining order [3-1], denying motion for preliminary injunction [3-2], denying motion to proceed in forma pauperis [2-1] & dismissing this action (cc: all counsel) (fe) (Entered: 12/02/1993) JUDGMENT (SJO/pjk) approved by Chief Judge J. P. Gilbert entered in favor of defendants & against plaintiff dismissing case as frivolous (cc: all counsel) (fe) (Entered: 12/02/1993).
In Nance v Osborn the court reports: JUDGMENT (NGJ/acm) and approved by Judge Paul E. Riley that this cause of action is hereby dismissed without prejudice, pursuant to an order of this court filed 12/31/97 re [80-1] terminating case (cc: all counsel) (fe) (Entered: 01/08/1998). Dr. Nance was not incarcerated at this time. Nothing was sent or forwarded to him so that he could pursue this matter.
There are many articles and books on this issue. Check out the Amazon website list: http://www.amazon.com/New-Jim-Crow-Incarceration-Colorblindness/dp/1595581030
