Petrusak v. State

In Petrusak v. State, 39 Ill.Ct.Cl. 113 (1987), the Court stated at 39 Ill.Ct.Cl. 113-114: The State is not an insurer as to the safety of an inmate in its custody. It does however have a duty to exercise reasonable care under the circumstance to prevent its inmates from suffering harm at the hands of other inmates. What is reasonable under the circumstances will necessarily vary from case to case. Reasonableness must be judged in view of the prison environment. In this type of case we must recognize and take care so as not to unduly interfere with the large amount of discretion which must be accorded prison officials in handling the day-to-day affairs of operating an institution for persons convicted of crimes. Foreseeability of potential for harm is a necessary element which must be proven by a preponderance of the evidence in this type of case. What is foreseeable necessarily must be judged by the facts in each case and by taking judicial notice of the prison environment.