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WHITE v. PHILLIPS

No. 3-09-0902.

937 N.E.2d 786 (2010)

344 Ill.Dec. 763

Gregory A. WHITE, Plaintiff-Appellant, v. Larry PHILLIPS, Director of Rushville Treatment and Detention Facility, Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 22, 2010.

Attorney(s) appearing for the Case

Clayton R. Lee, East Moline, IL, for Gregory A. White.

Lisa Madigan, Attorney General, Michael M. Glick, Michael R. Blankenheim, Assistant Attorneys General, Michael A. Scodro, Solicitor General, David A. Simpson, Assistant Attorney General, for Larry Phillips.

Justice SCHMIDT delivered the opinion of the court:

Appellant, Gregory White, is a sexually violent person and subject to treatment in a secure facility. The Department of Human Services transferred White to the Department of Corrections to serve criminal sentences twice. The Department of Corrections returned White to the Department of Human Services at the completion of each sentence.

White alleges that he is not lawfully subject to custody by the Department...

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