THOMAS R. WHITE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant, an inmate at the State Penal Farm, sought $2,454 for injuries from a defective carpenter tool. The court dismissed the claim, holding the State is not liable for injuries to inmates engaged in assigned tasks in penal institutions as it exercises a governmental function.
Cases cited: Parks vs. State, 8 C. C. R. 535; Pelli vs. State, 8 C. C. R. 324
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- PERSONAL INJURY-inmate of State penal institution-negligence of employees of. In the conduct of State penal institutions the State exercises a governmental function and is not liable to respond in damages for personal injuries sustained by inmate thereof as the result of the use by him of a defective tool furnished by the officers, agents or employees thereof.
- SAME-same-not employee of State. Inmate of State penal institution is not employee of State, even though assigned to work while such inmate.
Claimant herein seeks to recover an award of Two Thousand Four Hundred Fifty-four ($2,454.00) Dollars for injuries which he received on July 2, 1935 while confined as a [*260] prisoner at the State Penal Farm at Vandalia, Illinois.
Claimant's contention is based upon the allegation that the injury was caused by the use of a defective carpenter tool which he was then using.
The Attorney General has filed a motion to dismiss the claim for the reason that the complaint shows that claimant at the time of the injury was an inmate of a State Penal Institution and not an employee therein, and that the State is not liable for injuries resulting to such inmate while engaged in some task assigned to him in such penal institution. This and other courts have consistently held that in the conduct of its penal and charitable institutions the State exercises a governmental function and that in the operation thereof it is not liable for injuries resulting to inmates while engaged in their various tasks and labors. Parks vs. State, 8 C. C. R. 535, Pelli vs. State, 8 C. C. R. 324. The motion of the Attorney General is allowed and the claim dismissed.