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Stolen money from inmate trust fund account

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lerbur2

Junior Member
Illinois: I filed a lawsuit in the Will co circuit court of illinois against Will co jail officials because when I was there an inmate managed to forge my name to a document and steal $350.00 from my inmate trust acc. The document the inmate forged was signed and processed by the jail staff. When I went to court on may 11, 2012 the attorney for the defendents gave me a copy of a motion explaining that hes asking the court to dismiss my claim because the law on breach of fiduciary duties, in which I claimed was the violation in my claim, says the defendents must have used the money for personal gains, according to his interpretation. The next court date is June 8, 2012. What should I do? Should I file a motion to amend and if so what do I amend how or what? I did claim damages and asked for a $5,000.00 settlement in the claim.
 


latigo

Senior Member
Illinois: I filed a lawsuit in the Will co circuit court of illinois against Will co jail officials because when I was there an inmate managed to forge my name to a document and steal $350.00 from my inmate trust acc. The document the inmate forged was signed and processed by the jail staff. When I went to court on may 11, 2012 the attorney for the defendents gave me a copy of a motion explaining that hes asking the court to dismiss my claim because the law on breach of fiduciary duties, in which I claimed was the violation in my claim, says the defendents must have used the money for personal gains, according to his interpretation. The next court date is June 8, 2012. What should I do? Should I file a motion to amend and if so what do I amend how or what? I did claim damages and asked for a $5,000.00 settlement in the claim.
As I understand it the position taken by defendants’ lawyer is his clients are ONLY liable if they directly benefited by their own negligence in honoring a forged document. If so, the argument is so preposterously illogical as to defy reason.

It would be as if an executor of a will depleted the assets of the decedent’s estate by paying falsified creditor’s claims without troubling to require documentation as to their validity, or sold assets for a fraction of their worth and then avoid his fiduciary responsibility to reimburse the heirs because s/he did not personally gain.

Again, the argument that the fiduciary depository is only liable if it benefit by its own negligence is outrageously absrud! Where did this supposed lawyer get his law degree, Wal-Mart, Disney World?

These people entrusted with inmates’ funds were obligated to adopt and implement such necessary quality controls of inspection and verification to inspect so as to insure the validity of those signed withdrawal requests. And especially scrutinizing controls and inspection in view of the particular environment.

Their negligence in failing to do so is apparent and they are legally responsible to disgorge and make full restitution. It is not like they had to put out an APB dragnet to locate you in order to authenticate the signature.

Moreover, I don’t see the need to amend your complaint.

The days of precision and detailed pleading have long since passed. You have already pled the fiduciary relationship, the deposit and unauthorized withdrawal and loss, ergo the defendants’ motion admitting the special relationship.

All the Illinois rules require is ”a plain and concise statement of the cause of action”, which ”shall be liberally construed with a view to doing substantial justice between the parties” See: 735 ILCS 5/2-603
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And it wouldn’t be entirely unheard of if it were to develop that that forged withdrawal came from within and not from the general population.
 

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