WRONKE V. MADIGAN 26 F.Supp.2d 1102 (C.D. Ill. 1998) CASE BRIEF

WRONKE V. MADIGAN

26 F.Supp.2d 1102 (C.D. Ill. 1998)

NATURE OF THE CASE: Wronke (P) filed a habeas corpus petition under 28 U.S.C.S. 2254 against Madigan (D), the sheriff, challenging an order entered by the circuit court of Champaign County. P was found in contempt of court and ordered was incarcerated until P removed his children's names from a public sign and paid child support arrearages. P had exhausted his state court remedies.

FACTS: On July 12, 1990, Elinor filed a petition for dissolution of marriage in the circuit court of Champaign County. The case was originally assigned to Judge Harold L. Jensen. A judgment dissolving the marriage of the parties was entered on August 30, 1990. On July 15, 1991, a memorandum order was entered which resolved all remaining issues, including the amount of child support to be paid by P for the two minor children of the parties. On February 6, 1992, Judge Jensen was recused from further proceedings in the case. The case was assigned to Judge Ann A. Einhorn. P was represented by an attorney in the proceedings until his attorney withdrew as counsel on October 15, 1993. From that point on, P appeared pro se. On October 26, 1993, Judge Einhorn ordered that P was to have no visitation with his children and was to have no contact whatsoever with the minor children. On August 31, 1994, Judge Einhorn recused herself from hearing any further matters in the case. On September 6, 1994, the case was reassigned to Judge Jeffrey B. Ford for further proceedings. After Judge Ford ruled on various matters in the case, P filed a motion for substitution of judge on March 21, 1995. Again, on August 25, 1995, P made an oral motion for Judge Ford to recuse himself. The motions were denied. On October 5, 1995, Judge Ford found P in indirect civil contempt of court and ordered that he was to be transported to the Champaign County Correctional Center until he purged himself of the contempt order. Judge Ford stated that P could purge the contempt by 'removing or causing to be removed, the names of his children from the sign along State Route 49 within 14 days of this order' and by 'paying the child support arrearage of $44,226.20.' P exhausted his state court remedies as to the October 5, 1995, order of indirect civil contempt. All of the state court's rejected his claims. P then filed a habeas corpus petition under 28 U.S.C.S. 2254.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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