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WILLIAMS v. STAPLES

No. 95873.

804 N.E.2d 489 (2004)

208 Ill.2d 480

281 Ill.Dec. 524

Paul WILLIAMS, Appellee, v. Nancy STAPLES, Hospital Adm'r of the Elgin Mental Health Center, Appellant.

Supreme Court of Illinois.

January 23, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Richard A. Devine, State's

Attorney, Chicago (Lisa Anne Hoffman and Linda D. Woloshin, Assistant Attorneys General, Chicago, and Renee G. Goldfarb and Janet Powers Doyle, Assistant State's Attorneys, of counsel), for appellant.

Mark J. Heyrman, Chicago, and Susanna Witt, law student, for appellee.

Justice THOMAS delivered the opinion of the court:

Paul Williams, plaintiff in the proceedings below and defendant in the original criminal proceedings, filed a petition for writ of habeas corpus in the circuit court of Cook County pursuant to section 10-124 of the Code of Civil Procedure (735 ILCS 5/10-124 (West 2000)). Williams' petition alleged that he was in the custody of the Department of Human Services (DHS) in Elgin, Illinois, and that his detention...

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