Lutz v. State

In Lutz v. State (1989), 42 Ill. Ct. Cl. 124, 126, the claimant sued the State for damages resulting from personal injuries sustained when the claimant, an inmate at Joliet Correctional Center, was attacked by his cellmate, Franke Alerte. The Court wrote: "Like the claimant in Essex, Claimant in the case at bar failed to exhaust all remedies available to him prior to seeking final disposition of his claim in the Court of Claims. Accordingly, the Claimant here was obligated to bring a civil action against Frank Alerte." (Lutz v. State (1990), 42 Ill. Ct. Cl. 124, 126.) The Court then dismissed claimant's complaint with prejudice for failure to exhaust all remedies pursuant to section 790.90 of the Court of Claims Regulations.