Published: November 09, 2009 09:22 pm      

Inmate sues circuit clerk office

By TESA CULLI

tesa.culli@register-news.com

MT. VERNON — An inmate of Illinois River Correctional Center has filed a federal lawsuit against unknown assistant circuit clerks in Jefferson and Champaign counties as well as former State’s Attorney Gary Duncan and unknown assistants with the Secretary of State’s office.

William Lynn Claussen, 49, alleges in his lawsuit that his civil rights have been violated because a charge of driving under the influence of alcohol from Jefferson County in 1991 was not taken off his record — resulting in an enhanced sentence of a DUI charge in Champaign County court.

According to the lawsuit, which was filed by Claussen who is acting as his own attorney, a charge of driving under the influence of alcohol was allegedly dismissed against him by a judge in Jefferson County.

“Mr. Duncan and I went before a judge and the case was dismissed against me,” Claussen claimed. “Over the next 18 years, I was arrested falsely numerous times as a fine was never paid in (the case) due to the failure of the clerk’s assistants to correct this error.”

Claussen said he was charged on Feb. 27, 2008, with DUI in Champaign County, which, according to court documents in Jefferson County, happened just six days after he was ticketed in Jefferson County for driving while license suspended/revoked 2nd offense and driving while license revoked.

“I was charged with ... DUI, a Class 4 Felony in Champaign County,” Claussen states. “Because the prior DUI ... in Jefferson County was still recording me as offender, still, the state in (Champaign County) enhanced that case to a Class 2 Felony and also stated on the record on April 25, 2008, in the guilty plea proceeding ... that because I had ‘four’ DUI’s that my case now was non-probationable and I was sentenced to three years in IDOC.”

Claussen states he contacted Duncan and was told his problem was with the Secretary of State’s office.

“But I believe all defendants are liable for being deliberately indifferent in their duties as public (officials),” Claussen claims.

Under Illinois Statute, the Class 2 Felony of DUI is punishable by a mandatory prison sentence of between three and seven years, and a maximum fine of up to $25,000.

An e-mail added to the lawsuit as an exhibit from Champaign County re-states that Claussen’s problem is with the Secretary of State.

“It may have been cleared up in Jefferson County, but the Secretary of State’s Office still shows this as his fourth DUI on (Claussen’s) driving abstract. (Claussen) will need to take up this issue with the Secretary of State’s Office.

“Also, as far as modifying any sentence in the Champaign County case ... (Claussen) needed to appeal within 30 days of his sentence,” the e-mail continues. “(Claussen) was sentenced on Nov. 28, 2008. It is simply too late to change or modify his sentence. The sentencing range, even if it were only his third conviction, is still the same sentencing range.”

In his motion for relief from judgment, Claussen states, “The state enhanced (the case) because they were under the impression that this was my fourth driving under the influence, when in fact, it was only my third.”

Claussen has asked for a reduction in his sentence with the DOC or immediate release.