Tenny v. Blagojevich, No. 10-3075 (7th Cir. 2011)Annotate this Case
Inmates sued (officials in the Illinois Department of Corrections for marking up the price of commissary goods beyond the statutory cap (730 ILCS 5/3-7-2a). The district court screened the complaint under 28 U.S.C. 1915A and dismissed for failure to state a claim. The Seventh Circuit affirmed, stating that the case is really about a substantive violation of Illinois law, not about the procedures required before the plaintiffs can be deprived of a property interest. Even assuming a property interest, no pre-deprivation process could have predicted or prevented the alleged deprivation, and plaintiffs have not alleged the absence of adequate post-deprivation remedies. Where meaningful pre-deprivation review would either be impossible or ineffectual, adequate post-deprivation remedies may satisfy constitutional due process requirements.