Case: Davenport v. DeRobertis

1:83-04392 | U.S. District Court for the Northern District of Illinois

Filed Date: July 8, 1983

Closed Date: Oct. 17, 1988

Clearinghouse coding complete

Case Summary

In 1983, inmates at the Stateville Correctional Center in Illinois who had been confined to segregation for 90 or more consecutive days filed a class action lawsuit under 42 U.S.C. § 1983 against the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. The plaintiffs asked the District Court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by their placement into long-term segr…

In 1983, inmates at the Stateville Correctional Center in Illinois who had been confined to segregation for 90 or more consecutive days filed a class action lawsuit under 42 U.S.C. § 1983 against the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. The plaintiffs asked the District Court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by their placement into long-term segregation, where they claimed that they had been subjected to pain, physical deterioration, and emotional distress caused by a lack of adequate showers and physical exercise.

Following trial on the merits, the jury found that the plaintiffs had been subjected to cruel and unusual punishment. The defendants asked the District Court to overturn the jury verdict, and on January 30, 1987, the District Court (Judge William T. Hart) held that the evidence supported the jury's finding of Eighth Amendment violations. The Court also upheld the jury's award of nominal damages, but found that the defendants were entitled to qualified immunity from compensatory or punitive damages as sued in their individual capacities, and that the plaintiffs were entitled to an injunction ordering that they be allowed three showers per week and five hours per week of out-of-cell exercise, except in temporary emergencies and lock downs. Davenport v. DeRoberts, 653 F.Supp. 649 (N.D.Ill. 1987).

The defendants appealed, and on April 13, 1988, the U.S. Court of Appeals for the Seventh Circuit (Judge Richard Posner) affirmed the District Court's decision, but modified it by ruling that prisoners had no Eighth Amendment right to three showers per week. Davenport v. DeRoberts, 844 F.2d 1310 (7th Cir. 1988).

The parties sought Supreme Court review, and on October 17, 1988, the U.S. Supreme Court denied the petition for certiorari. Lane v. Davenport, 488 U.S. 908 (1988).

Summary Authors

Kristen Sagar (10/8/2007)

People


Judge(s)

Cudahy, Richard Dickson (Illinois)

Cummings, Walter Joseph (Illinois)

Hart, William Thomas (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

DiNatale, Joseph N. (Illinois)

Harris, Daniel M. (Illinois)

Raup, Mitchell D. (Illinois)

Wanderling, Edmund P. (Illinois)

Attorneys(s) for Defendant

Botner, John (Illinois)

Spitzzeri, Joseph F. (Illinois)

Judge(s)

Cudahy, Richard Dickson (Illinois)

Cummings, Walter Joseph (Illinois)

Hart, William Thomas (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

DiNatale, Joseph N. (Illinois)

Harris, Daniel M. (Illinois)

Raup, Mitchell D. (Illinois)

Wanderling, Edmund P. (Illinois)

Attorneys(s) for Defendant

Botner, John (Illinois)

Spitzzeri, Joseph F. (Illinois)

Documents in the Clearinghouse

Document

1:83-04392

Opinion

653 F.Supp. 649

Jan. 30, 1987

Jan. 30, 1987

Order/Opinion

87-01233

Opinion

U. S. Court of Appeals for the Seventh Circuit

844 F.2d 1310

April 13, 1988

April 13, 1988

Order/Opinion

88-00331

Denial of Certiorari

Lane v. Davenport

Supreme Court of the United States

488 U.S. 908

Oct. 17, 1988

Oct. 17, 1988

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:22 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: July 8, 1983

Closing Date: Oct. 17, 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Stateville Correctional Center in Illinois who had been confined to segregation for 90 or more consecutive days

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections (Stateville), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Order Duration: 1987 - None

Issues

General:

Administrative segregation

Bathing and hygiene

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health:

Medical care, unspecified

Mental health care, general

Untreated pain

Type of Facility:

Government-run