Case: Bullock v. Sheahan

1:04-cv-01051 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 11, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 11, 2004, two named plaintiffs filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. In their complaint (as amended nine days later), the plaintiffs challenged the Cook County Sheriff's policy of strip searching all males following their return to the Cook County Jail from court after there was a judicial determination that there was no longer a basis for their detention. The plaintiffs also alleged …

On February 11, 2004, two named plaintiffs filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. In their complaint (as amended nine days later), the plaintiffs challenged the Cook County Sheriff's policy of strip searching all males following their return to the Cook County Jail from court after there was a judicial determination that there was no longer a basis for their detention. The plaintiffs also alleged that female detainees were not subjected to similar treatment, as they were placed in a holding cell after returning from court and processed out of the jail without being strip searched or re-entering the general housing units. The strip searches without reasonable suspicion and the differential treatment, the plaintiffs alleged, violated their rights under the Fourth and Fourteenth Amendments. The plaintiffs sought monetary damages, injunctive relief and class certification.

The defendants generally denied the allegations and contended that the strip searches were necessary, for there was no space in the jail to construct additional bullpens to house the discharged male detainees so that they would not be required to enter the housing units and undergo strip searches.

On November 22, 2004, the District Court (District Judge Elaine Bucklo) certified the case as a class action, with the class defined as follows: all male inmates who, on or after February 12, 2002, have been subjected to defendants' policy, practice and custom of strip searching, without reasonable suspicion that the inmate is concealing a weapon or other contraband, at the Cook County Department of Corrections, following their return from court after there had been a judicial determination that there was no longer a basis for their detention, other than to be processed for release. Bullock v. Sheahan, 225 F.R.D. 227 (N.D. Ill. 2004).

Discovery ensued and included substantial document production, depositions and experts. The defendants sought to preclude the testimony of one of plaintiffs' retained experts, Donald Henry. Mr. Henry was a registered architect specializing in the design of prisons and jails and was retained by the plaintiffs to inspect the jail and offer an opinion whether there was adequate space for the construction of additional bullpens to hold male detainees. Judge Bucklo denied the motion. Bullock v. Sheahan, 519 F.Supp.2d 760 (N.D.Ill. 2007).

The plaintiffs moved for summary judgment on the following four claims:

  • The strip searching of all male court discharged persons and not all female court discharged persons violated the Equal Protection Clause.

  • The strip searching of all male court discharged persons in large non-private group settings, with up to fifty inmates, while the female court discharged persons who opted to return to the housing divisions were afforded privacy, violated the Equal Protection Clause.

  • The strip searching of all male court discharged persons not based upon reasonable suspicion that they were concealing contraband violated the Fourth Amendment.

  • The manner in which the strip searches were conducted, in large non-private group settings, violated the Fourth Amendment.
Defendants moved to strike portions of plaintiffs' motion (as to the second and fourth claim), asserting that plaintiffs were adding new theories of liability not pleaded in their amended complaint. Judge Bucklo denied the motion to strike, but allowed defendants to conduct additional discovery as to those claims. Bullock v. Sheahan, 519 F.Supp.2d 763 (N.D.Ill. 2007).

On July 30, 2008, the district court (Judge Bucklo) granted the plaintiffs' motion for summary judgment. The defendants filed a motion for reconsideration, and on February 27, 2009, Judge Bucklo partially granted that motion with respect to the portions of the earlier order that granted summary judgment to the plaintiffs on their Fourteenth Amendment claims and on some of their Fourth Amendment claims.

On March 18, 2011, the court approved a proposed class settlement. The court retained jurisdiction to enforce the terms of the settlement. The defendants agreed to pay $1.4 million to class members and roughly $2 million in attorney's fees and costs. The defendants also agreed to pay the two class representatives $25,000 as "incentive awards" for serving as the representatives. However, the defendants later discovered that one of the class representatives had certified that he had no legal claims of any value during bankruptcy proceedings in 2010, so he couldn't receive this incentive award. The agreed with the defendants and issued an opinion on May 23, 2011.

Over the next two years, the defendants paid claims submitted by class members. The court oversaw the payments and denied late claims and other challenges. The court terminated its jurisdiction over the case on September 1, 2012.

Note: There was another (separate) strip search case against the Cook County Sheriff in the same District Court. That case, Young v. Cook County, 1:06-cv-00552, alleged an unconstitutional practice of strip searching all pretrial detainees upon their entry in the Cook County Jail for intake/booking. See JC-IL-0009.

Summary Authors

Dan Dalton (3/2/2009)

Jessica Kincaid (4/7/2016)

Related Cases

Young v. County of Cook, Northern District of Illinois (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251255/parties/bullock-v-sheahan/


Judge(s)

Bucklo, Elaine E. (Illinois)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Blanchard, Patrick Malone (Illinois)

Catania, Francis J. (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Kelly, E. Michael (Illinois)

Lyons, Thomas Vincent (Illinois)

Marisco, Frank Joseph (Illinois)

Judge(s)

Bucklo, Elaine E. (Illinois)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Blanchard, Patrick Malone (Illinois)

Catania, Francis J. (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Kelly, E. Michael (Illinois)

Lyons, Thomas Vincent (Illinois)

Marisco, Frank Joseph (Illinois)

Markey, Christopher J. (Illinois)

Puiszis, Steven M. (Illinois)

Quinn, Bernard E.J. (Illinois)

Sandberg, Craig Michael (Illinois)

Shannon, Robert (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

April 20, 2012 Docket
2

Amended Complaint

Feb. 23, 2004 Complaint
10

Plaintiff's Memorandum in support of the Motion for Class Certification

May 19, 2004 Pleading / Motion / Brief
40

Opinion

225 F.R.D. 227

Nov. 22, 2004 Order/Opinion
274

Opinion

519 F.Supp.2d 760, 2007 WL 2461657, 2007 U.S.Dist.LEXIS 63306

Aug. 28, 2007 Order/Opinion
304

Memorandum Opinion and Order

519 F.Supp.2d 763

Nov. 5, 2007 Order/Opinion
360

Memorandum Opinion and Order

568 F.Supp.2d 965

July 30, 2008 Order/Opinion
429

Memorandum Opinion and Order

599 F.Supp.2d 947

Feb. 27, 2009 Order/Opinion
461

Class Settlement Agreement

Bullock v. Dart

Nov. 16, 2010 Settlement Agreement
468

Order

March 18, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251255/bullock-v-sheahan/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Thomas Gerard Morrissey as attorney(s) for plaintiff (two originals and two copies summons(es) issued.) (Documents: (1-1 through 1-3)). (jmm) (Entered: 02/11/2004)

Feb. 11, 2004 RECAP

RECEIPT regarding payment of filing fee paid; on 2/11/04 in the amount of $ 150.00, receipt # 10322649. (jmm)

Feb. 11, 2004 PACER
2

AMENDED COMPLAINT [1-1] by plaintiff ; Notice (las) (Entered: 02/24/2004)

Feb. 23, 2004 RECAP
3

ATTORNEY APPEARANCE for defendant Cook Co by Patrick T. Driscoll Jr., Thomas Vincent Lyons, Patrick Malone. (vmj) (Entered: 03/09/2004)

March 8, 2004 PACER
4

MOTION by defendant Cook Co to extend the time to answer, move or otherwise plea to plaintiffs' amended complaint ; Notice (las) (Entered: 03/11/2004)

March 8, 2004 PACER
5

MINUTE ORDER of 3/10/04 by Hon. Elaine E. Bucklo : Defendant, Cook County's motion for extension of time until 4/7/04 to answer or otherwise plead to amended complaint is granted [4-1]. Mailed notice (las) (Entered: 03/11/2004)

March 10, 2004 PACER
6

MOTION by defendant for enlargement of time to file responsive pleading ; Notice (las) (Entered: 04/21/2004)

April 7, 2004 PACER
7

MINUTE ORDER of 4/20/04 by Hon. Elaine E. Bucklo : Defendants' motion for a 7 day extension to respond to the amended complaint is granted [6-1]. Discovery is ordered closed on 9/30/04. Pretrial order will be due by 10/29/04; and response to any motions in limine by 11/12/04. Pretrial conference set for 11/18/04 at 4:30 p.m. This case is placed on the court's January pooled trial calendar beginning 1/4/05 at 9:40 a.m. Mailed notice (las) (Entered: 04/21/2004)

April 20, 2004 PACER
8

ANSWER, affirmative defenses by defendants to plaintiffs' amended complaint [2-1]; jury demand; Notice. (air) (Entered: 04/28/2004)

April 27, 2004 PACER
12

MOTION by plaintiffs for referral of discovery matters to the assigned magistrate ; Notice (rmm) Modified on 8/21/2014 (ym, ). (Entered: 05/24/2004)

May 14, 2004 PACER
13

MOTION by plaintiffs for class certification ; Notice (rmm) (Entered: 05/24/2004)

May 14, 2004 PACER
14

MOTION by defendants for enlargement of time to respond to plaintiff's written discovery requests (Attachments); Notice (rmm) (Entered: 05/24/2004)

May 17, 2004 PACER
10

MEMORANDUM by plaintiffs in support of their motion for class certification; Notice. (hp) Modified on 05/21/2004 (Entered: 05/21/2004)

May 19, 2004 PACER
11

RESPONSE by plaintiffs to defendant's motion for an enlargement of time to respond to plaintff's written discovery; Notice. (gma) (Entered: 05/21/2004)

May 20, 2004 PACER
9

REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for discovery supervision Mailed notice. (mpj) (Entered: 05/21/2004)

May 21, 2004 PACER
15

MINUTE ORDER of 5/21/04 by Hon. Elaine E. Bucklo : Plaintiffs' motion for referral of discovery matters to the assigned Magistrate is granted [12-1]. Defendant's motion for an additional 30 days to respond to plaintiffs' written discovery request is also granted [14-1]. Response to plaintiffs' motion to certify a class [13-1] is due by 6/24/2004; and any reply by 7/9/2004. Ruling on motion for class certification [13-1]will be mail by 8/6/2004. Mailed notice (rmm) (Entered: 05/24/2004)

May 21, 2004 PACER

SCHEDULE set on 5/27/04 by Hon. Sidney I. Schenkier : Status hearing set to 9:00 6/24/04 . Mailed notice (mmm)

May 27, 2004 PACER
17

MOTION by defendant Michael Sheahan for extension of time to respond to plaintiff's motion for class certification and plaintiff's written discovery requests ; Notice (las) (Entered: 06/23/2004)

June 17, 2004 PACER
16

RESPONSE by plaintiffs to defendant's motion for enlargement of time to respond to plaintiff's written discovery requests [14-1] and motion to certify class [13-1]; Notice (las) . Modified on 8/21/2014 (ym, ). (Entered: 06/21/2004)

June 18, 2004 PACER
18

MINUTE ORDER of 6/22/04 by Hon. Elaine E. Bucklo : Defendant's motion for enlargement of time until 7/6/04 [17-1] to file his response to the motion for class certification [13-1] and to file formal responses to plaintiff's written discovery requests is granted. Accordingly, reply is extended to 7/16/04. Ruling will be made by mail by 8/20/04. Mailed notice (las) (Entered: 06/23/2004)

June 22, 2004 PACER

SCHEDULE set on 6/24/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 7/1/04 . Mailed notice (mmm)

June 24, 2004 PACER

SCHEDULE set on 6/25/04 by Hon. Sidney I. Schenkier : Status hearing reset to 8:30 7/15/04 . The status hearing set for 7/1/04 is stricken. Mailed notice (mmm)

June 25, 2004 PACER
20

MOTION by defendants for a rule 16 pretrial conference ; Notice (las) (Entered: 07/02/2004)

June 28, 2004 PACER
19

REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for discovery motion Mailed notice. (mpj) (Entered: 07/01/2004)

July 1, 2004 PACER
21

RESPONSE by plaintiff to defendant's motion for a rule 16 pretrial conference [20-1] (las) (Entered: 07/02/2004)

July 1, 2004 PACER
22

MINUTE ORDER of 7/1/04 by Hon. Elaine E. Bucklo : Defendants' motion for a Rule 16 pretrial conference is referred to the assigned Magistrate Judge for resolution. Mailed notice (las) (Entered: 07/02/2004)

July 1, 2004 PACER
23

MEMORANDUM of law by defendants in opposition to motion for class certification [13-1]; Notice (las) Modified on 9/4/2014 (ym, ). (Entered: 07/07/2004)

July 6, 2004 PACER
24

MOTION by defendant Michael Sheahan for reconsideration ; Notice (las) (Entered: 07/09/2004)

July 6, 2004 PACER
25

MINUTE ORDER of 7/8/04 by Hon. Elaine E. Bucklo : Defendants' motion for reconsideration of the order dated 7/1/04 is denied [24-1]. Mailed notice (las) (Entered: 07/09/2004)

July 8, 2004 PACER
26

MINUTE ORDER of 7/8/04 by Hon. Sidney I. Schenkier : Defendants' motion for a Rule 16 pre-trial conference is set for hearing on 7/16/04 at 2:30 p.m. [20-1]. The status hearing set for 7/15/04 is stricken. Mailed notice (las) (Entered: 07/09/2004)

July 8, 2004 PACER
27

MOTION by plaintiffs to compel defendants to respond to plaintiffs' written discovery (Attachments); Notice. (cem) (Entered: 07/19/2004)

July 9, 2004 PACER

SCHEDULE set on 7/12/04 by Hon. Sidney I. Schenkier : Argument on motion for Rule 16 pretrial conference is reset for 9:00 7/15/04. The hearing set for 7/16/04 is stricken. Mailed notice (mmm)

July 12, 2004 PACER
28

MINUTE ORDER of 7/15/04 by Hon. Sidney I. Schenkier : Status hearing set for 7/22/04 at 9:00 a.m. Plaintiff's motion to compel [27-1] is granted as modified by the Court's ruling on the record in open court. Plaintiff's motion for Rule 16(f) conference is granted [20-1]. Mailed notice (cem) (Entered: 07/19/2004)

July 15, 2004 PACER
29

REPLY memorandum by plaintiffs in support of the motion for class certification [13-1]; Notice. (cem) Modified on 9/4/2014 (ym, ). (Entered: 07/19/2004)

July 16, 2004 PACER
30

NOTICE by plaintiff of filing regarding plaintiffs exhibits for reply memorandum in support of the motion for class certification (Attachments). (cem) (Entered: 07/19/2004)

July 16, 2004 PACER
31

MINUTE ORDER of 7/23/04 by Hon. Sidney I. Schenkier: Status hearing held and continued to 8/17/04 at 9:00 a.m. The parties are to submit a proposed protective order to the court; pending the entry of a written protective order, all documents responsive the plaintiffs' request for records from the Cook County Prison Facility will be attorneys' eyes only. The plaintiffs' counsel is to inspect the requested document's at the Cook County Prison Facility by 7/30/04. Mailed notice (jmm) (Entered: 07/27/2004)

July 23, 2004 PACER
32

AGREED MOTION by defendant Michael Sheahan to extend discovery cut-off and to continue the trial setting ; Notice (las) (Entered: 08/20/2004)

July 29, 2004 PACER
33

MOTION by defendant Michael Sheahan for leave to file surreply to plaintiffs' reply memorandum in support of the motion for class certification ; Notice (las) (Entered: 08/20/2004)

July 30, 2004 PACER
34

SURREPLY by defendants to plaintiffs' reply memorandum on the issue of class certification (las) (Entered: 08/20/2004)

July 30, 2004 PACER

SCHEDULE set on 8/17/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 9/23/04 . The plaintiff's oral motion to extend its time to respond to defendant's outstanding document request is granted without objection. The plaintiff is to respond by 8/24/04. mailed notice (mmm)

Aug. 17, 2004 PACER
35

MINUTE ORDER of 8/19/04 by Hon. Elaine E. Bucklo : Defendants' motion for leave to file surreply to plaintiffs' reply memorandum in support of the motion for class certification is granted [33-1]. Defendants' agreed motion to extend discovery cut-off [32-1] and continue the trial setting is also granted [32-2]. Accordingly, discovery is extended to 11/30/04. Pretrial order will be due by 12/30/04; and response to any motions in limine by 1/14/05. Pretrial conference set for 11/18/04 is reset for 2/11/05 at 3:30 p.m. and trial set for 1/4/05 is reset for 2/28/05 at 9:30 a.m. Mailed notice (las) (Entered: 08/20/2004)

Aug. 19, 2004 PACER
36

MOTION by plaintiffs to compel (Attachments); Notice (las) (Entered: 09/27/2004)

Sept. 20, 2004 PACER
37

MINUTE ORDER of 9/23/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 10/27/04 at 9:00 a.m. Plaintiff's motion to compel is denied as moot in light of the agreement of the parties that the inspection of the facilities outlined in paragraphs 1-3, and any 3 of the facilities outlines in paragraphs 4-5 of the plaintiffs' notice to inspect is to take place on 10/2/03 at a mutually agreebale time [36-1]. Mailed notice (las) (Entered: 09/27/2004)

Sept. 23, 2004 PACER
38

ATTORNEY APPEARANCE for defendants by Christopher G. Markey (emd) (Entered: 09/30/2004)

Sept. 27, 2004 PACER
39

MINUTE ORDER of 9/29/04 by Hon. Sidney I. Schenkier : The court enters the agreed protective order as amended by the Court at paragraphs 6, 10, and 12 . (Entered Agreed Protective Order). Mailed notice (ntf) (Entered: 10/07/2004)

Sept. 29, 2004 PACER

SCHEDULE set on 10/27/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 11/30/04 . Mailed notice (mmm)

Oct. 27, 2004 PACER
41

AGREED MOTION by defendants for enlargement of time to complete discovery and to continue trial setting ; Notice (las) Modified on 9/4/2014 (ym, ). (Entered: 12/01/2004)

Nov. 18, 2004 PACER
40

MINUTE ORDER of 11/19/04 by Hon. Elaine E. Bucklo: Plainfiff's motion for class certification is granted [13-1] as set forth in the memorandum opinion and order attached hereto Entered Memorandum Opinion and Order. Notice mailed by judge's staff. (dmkf) (Entered: 11/22/2004)

Nov. 19, 2004 RECAP

SCHEDULE set on 11/30/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 12/14/04 . Mailed notice (mmm)

Nov. 30, 2004 PACER
42

MINUTE ORDER of 11/30/04 by Hon. Elaine E. Bucklo : Defendants' agreed motion for enlargement of time to complete discovery [41-1] and continue trial setting is granted [41-2]. Accordingly, fact discovery is extended to 1/31/05. For any expert discovery, parties shall submit a letter to the court before the next status hearing set for 2/4/05 at 10:00 a.m. Pretrial conference set for 2/28/05 are vacated. The date for the filing of the pretrial order is also vacated. Mailed notice (las) (Entered: 12/01/2004)

Nov. 30, 2004 PACER
44

MOTION by plaintiff to compel (Attachments); Notice (las) (Entered: 12/16/2004)

Dec. 9, 2004 PACER
43

MINUTE ORDER of 12/14/04 by Hon. Sidney I. Schenkier : Plaintiffs' motion to compel is granted in part; plaintiff's request for information concerning inmates release times from custody is held in abeyance until 1/4/05. By close of business today, the defendants are directed to supplement the electronic file with the social security numbers of the inmates, subject to the protective order by agreement of the parties. By 12/28/04, the defendants are to deliver to the plaintiffs an electronic file of inmates released from custody covering a period from 1/1/02 through 12/31/04. A status hearing is set for 1/4/05 at 9:00 a.m. Mailed notice(eav) (Entered: 12/15/2004)

Dec. 14, 2004 PACER
45

MINUTE ORDER of 1/4/05 by Hon. Sidney I. Schenkier : Status hearing held and continued to 2/1/05 at 9:00 a.m. The plaintiff's oral motion for supplemental information concerning inmates release times from custody for the time period of 2/1/02 through 12/31/03 is granted. The defendant is to provide said information by 1/14/05. Mailed notice (las) (Entered: 01/05/2005)

Jan. 4, 2005 PACER
46

AGREED MOTION by plaintiffs for extension of time to complete discovery ; Notice (ar) (Entered: 01/14/2005)

Jan. 14, 2005 PACER
47

MINUTE entry before Judge Elaine E. Bucklo : Motion for extension of time to file 46 is granted. Accordingly, discovery is extended to 5/27/2005. Status hearing set for 2/4/05 is reset for 6/3/2005 at 10:00 AM. Mailed Notices (mpj, ) (Entered: 01/26/2005)

Jan. 26, 2005 PACER
48

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 02/10/05 at 9:00 a.m. The plaintiffs shall disclose experts and submit Rule 26(a)(2) reports by 04/01/05. The defendants shall disclose experts and submit Rule 26(a)(2) reports by 04/29/05. Docketing to mail notices. (hp, ) (Entered: 02/02/2005)

Feb. 1, 2005 PACER
49

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held. The court orders the parties to meet and confer on 2/10/05 regarding discovery disputes. By 2/14/05, the plaintiffs are to submit it to defendants a statement setting forth, in no more than one page per dispute, each outstanding discovery dispute and the basis on which plaintiffs seek production; plaintiffs also shall attach a copy of the discovery request served that seeks the requested information. By noon on 2/17/05, the defendants shall respond to each separate discovery issue raised, in no more than one page per issue, setting forth their objection. The plaintiffs shall submit the statement and responses to the court by the close of business on 2/17/05. A motion hearing is set for 2/18/05 at 10:00 a.m. Status hearing held on 2/10/2005, Set deadlines/hearing as to Motion Hearing set for 2/18/2005 at 10:00 AM. (las, ) (Entered: 02/11/2005)

Feb. 10, 2005 PACER
50

ATTORNEY Appearance for Defendants Michael Sheahan, Cook County by Frank Joseph Marsico; Notice. (lcw, Lakisha) (Entered: 02/22/2005)

Feb. 17, 2005 PACER
51

MINUTE entry before Judge Sidney I. Schenkier : The court extends the deadline for the parties to disclose experts and submit Rule 26(a)(2) report as follows: the plaintiffs shall disclose experts and submit Rule 26(a)(2) reports by 4/21/2005. The defendants shall disclose experts and submit Rule 26(a)(2) by 5/12/2005. No expert depositions are to be taken before all expert reports are submitted. Mailed notice (rmm, ) (Entered: 02/22/2005)

Feb. 18, 2005 PACER
52

MOTION by Plaintiffs to approve notices to class (gma, ) (Entered: 03/11/2005)

March 11, 2005 PACER
53

NOTICE of Motion by Thomas Gerard Morrissey for presentment of MOTION by Plaintiffs to approve notices to class 52 before Honorable Elaine E. Bucklo on 3/18/2005 at 09:30 AM. (gma, ) (Entered: 03/11/2005)

March 11, 2005 PACER
54

ATTORNEY Appearance for Defendant Michael Sheahan by Craig Michael Sandberg; Notice. (ar, ) (Entered: 03/21/2005)

March 16, 2005 PACER
55

MINUTE entry before Judge Elaine E. Bucklo : Plaintiffs' motion (52) to approve notices to class entered and continued to 4/15/2005 at 09:30 AM. If the issues are resolved before the next hearing, parties shall submit an order for entry. Discovery is extended to 9/1/05. Status hearing set for 6/3/05 is reset for 9/9/05 at 10:00 a.m. No notice (mpj, ) (Entered: 03/22/2005)

March 18, 2005 PACER
56

MINUTE entry before Judge Elaine E. Bucklo : Status hearing set for 9/9/2005 at 10:00 AM. No notice. Modified on 4/27/2006 (smm, ). (Entered: 03/22/2005)

March 22, 2005 PACER
57

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 04/12/05 at 9:00 AM. The Court orders the parties to meet and confer regarding Plaintiff's proposed additional interrogtories in excess of 25 pages. The parties' oral motion to extend the expert discovery deadline is granted. The Plaintiff shall disclose experts and submit Rule 26(a)(2) reports by 07/29/05. The Defendant shall disclose experts and submit Rule 26(a)(2) reports by 08/12/05. No expert depositions are to be taken before all expert reports are submitted. Mailed notice (ar, ) (Entered: 03/22/2005)

March 22, 2005 PACER
58

MINUTE entry before Judge Sidney I. Schenkier : Magistrate Judge Status hearing held and continued to 6/7/2005 at 09:00 AM. Mailed notice (mmm, ) (Entered: 04/12/2005)

April 12, 2005 PACER
59

MINUTE entry before Judge Elaine E. Bucklo : Plaintiffs' motion for approval of notice 52 is entered and continued to 4/29/2005 at 10:00 AM. Telephoned notice (mpj, ) (Entered: 04/12/2005)

April 12, 2005 PACER
60

ATTORNEY Appearance for Plaintiffs, individually and on behalf of a class, by Robert Hugh Farley, Jr. (ar, ) (Entered: 04/20/2005)

April 14, 2005 PACER
61

MOTION by Plaintiffs Quentin Bullock, Jack Reid for leave of court to take in excess of ten depositions. (rbf, ) (Entered: 04/22/2005)

April 22, 2005 PACER
62

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for leave of court to take in excess of ten depositions 61 before Honorable Sidney I. Schenkier on 4/27/2005 at 08:30 AM. (rbf, ) (Entered: 04/22/2005)

April 22, 2005 PACER
64

OBJECTIONS by Defendants to Plaintiffs' proposed posting of notice of class action; Notice 52 (ar, ) (Entered: 04/27/2005)

April 22, 2005 PACER
63

MINUTE entry before Judge Elaine E. Bucklo : Pursuant to plaintiffs' request. their motion to approve notices 52 is entered and continued to 5/6/2005 at 09:30 AM. No notice (mpj, ) (Entered: 04/25/2005)

April 25, 2005 PACER
65

MINUTE entry before Judge Sidney I. Schenkier : Motion hearing held. Plaintiffs' motion to take in excess of ten depositions 61 is granted in part. By 06/28/05, the plaintiffs' shall take the depositions of Superintendent Brown, Chief Ribola, and the 30(b)(6) depositions of people with knowledge about (a) Divisions 2,5,8,10, and 11, and (b) defendants' denials of the request to admit. At the next status hearing, the Court will determine whether additional depositions will be permitted. A status hearing is set for 06/28/2005 at 09:00 AM. Mailed notice (ar, ) (Entered: 04/29/2005)

April 28, 2005 PACER
66

MINUTE entry before Judge Elaine E. Bucklo : Pursuant to parties' joint request, plaintiffs' motion for approval; of notice 52 is entered and continued to 6/17/2005 at 09:30 AM. No notice (mpj, ) (Entered: 05/04/2005)

May 4, 2005 PACER
67

MOTION by Plaintiffs to compel defendants to respond (gma, ) (Entered: 06/06/2005)

June 6, 2005 PACER
68

NOTICE of Motion by Quentin Bullock, Jack Reid for presentment of MOTION by Plaintiffs to compel defendants to respond 67 before Honorable Sidney I. Schenkier on 6/9/2005 at 08:30 AM. (gma, ) (Entered: 06/06/2005)

June 6, 2005 PACER
69

MINUTE entry before Judge Sidney I. Schenkier : The Court resets the hearing on plaintiff's motion to compel defendants to respond 67 to 6/21/2005 at 02:00 PM. Telephone and mail notice (mmm, ) (Entered: 06/07/2005)

June 7, 2005 PACER
70

ATTORNEY Appearance for Defendant Michael Sheahan by Bernard E.J. Quinn (ntf, ) (Entered: 06/14/2005)

June 10, 2005 PACER
71

REPLY by Plaintiffs to defendants' objections to Plaintiffs' proposed posting of notice of class action 64 ; Notice. (ntf, ) (Entered: 06/14/2005)

June 10, 2005 PACER
73

PROPOSED Notice by Michael Sheahan of class action; Notice. (lcw, ) (Entered: 06/20/2005)

June 15, 2005 PACER
74

PROPOSED LEGAL NOTICE by plaintiffs of class action; Notice.(lcw, ) (Entered: 06/20/2005)

June 15, 2005 PACER
75

REPLY by defendants to plaintiffs' reply to defendants' objections to plaintiffs' proposed posting of notice of class action 71 . (lcw, ) (Entered: 06/20/2005)

June 16, 2005 PACER
72

MINUTE entry before Judge Elaine E. Bucklo : Plaintiffs' motion to approve notices 52 heard and the motion is granted.Class notice approved as discussed in court and with the following additional change: The disputed sentence shall read: "If the released female inmate has personal belongings in her division cell, she must return to the jail at a later date to pick them up." The paragraph beginning "The defendants contend that as a result, male inmates have to be returned...." can remain in the notice. As agreed, the class definition is amended to be "All male inmates who, on or after February 12, 2002, have been subjected to defendant's policy and practice of strip searching a male inmate upon his return to the jail following a court appearance at which court appearance a specific case or charge against the inmate was dismissed when no other cases, charges, warrants or holds were pending against that inmate which warranted that inmate's continued detention at the jail." Notice will be sent first class mail based on last known addresses. Any posting of notice will await further proceedings in the case. If Judge Schenkier decides that additional time is needed for discovery he may change the schedule. Mailed notice (mpj, ) (Entered: 06/17/2005)

June 17, 2005 PACER
78

MINUTE entry before Judge Elaine E. Bucklo : By agreement of the parties, hearing on plaintiffs' motion to compel 67 is reset to June 28, 2005 at 9:00 a.m. Notified counsel by telephone. (gcy, ) (Entered: 06/24/2005)

June 21, 2005 PACER
76

MOTION by Plaintiffs to compel deponent to answer questions (gma, ) (Entered: 06/23/2005)

June 23, 2005 PACER
77

NOTICE of Motion by Thomas Gerard Morrissey for presentment of MOTION by Plaintiffs to compel deponent to answer questions 76 before Honorable Sidney I. Schenkier on 6/28/2005 at 09:00 AM. (gma, ) (Entered: 06/23/2005)

June 23, 2005 PACER
79

MINUTE entry before Judge Sidney I. Schenkier : Plaintiff's motion to compel defendants to respond 67 is withdrawn based on agreement of the parties. Plaintiff's motion to compel answer to deposition 76 is withdrawn based on agreement of the parties., Magistrate Judge Status hearing held and continued to 7/14/2005 at 09:00 AM. Mailed notice (mmm, ) (Entered: 06/28/2005)

June 28, 2005 PACER
80

REQUEST by Plaintiffs Quentin Bullock, Jack Reid to take depositions of policy makers (Exhibits); Notice (rmm, ) (Entered: 07/14/2005)

July 12, 2005 PACER
81

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held. Plaintiffs' request to take depositions of policy makers is taken under advisement. By 7/22/05, the defendants are to provide to the plaintiffs documentation showing which of plainitffs' request defendants contend have already been answered in discovery. By 8/2/05, the parties are to meet and confer regarding plaintiffs' requests. By 8/25/05, the parties are to submit to the Court a letter listing which requests are in dispute, if any, and provide supporting documentation for their positions. The parties' oral motion to extend the expert discovery deadline is granted. The plaintiffs shall disclose experts and submit Rule 26(a)(2) reports by 9/30/05. The defendants shall disclose experts and sumbit Rule 26(a)(2) reports by 10/31/05. No expert depositions are to be taken before all expert reports are submitted. The depositions of all experts are to be completed by 11/30/05. No other discovery is to be initiated. A status hearing is set for 9/1/05 at 9:00 a.m. Mailed order (gcy, ) (Entered: 07/18/2005)

July 14, 2005 PACER
82

MINUTE entry before Judge Sidney I. Schenkier : The minute order of 7/14/05 is corrected to strike the 7/22/05 date for the defendants to provide to the plaintiffs documentation showing which of plainitffs' request defendants contend have already been answered in discovery, and to revise it as follows: by 7/26/05, the defendants are to provide to the plaintiffs documentation showing which of plainitffs' request defendants contend have already been answered in discovery. Telephone notice (mmm, ) (Entered: 07/21/2005)

July 21, 2005 PACER
83

MINUTE entry before Judge Sidney I. Schenkier : The Court strikes the status hearing set for 9/1/05, and resets the status hearing to 9/6/05 at 9:00 a.m. Mailed notice (mmm, ) (Entered: 07/22/2005)

July 22, 2005 PACER
84

LETTER from Micheal A. Bold. (mjc, ) (Entered: 08/09/2005)

Aug. 5, 2005 PACER
85

NOTICE by Quentin Bullock, Jack Reid of class action and of deadline to opt. (ntf, ) (Entered: 08/25/2005)

Aug. 22, 2005 PACER
88

REQUEST for exclusion from class action by David Lozano. (ar, ) (Entered: 08/29/2005)

Aug. 25, 2005 PACER
86

MOTION by Defendants Michael Sheahan, Cook County for leave to substitute lead attorney (gma, ) (Entered: 08/26/2005)

Aug. 26, 2005 PACER
87

NOTICE of Motion by Bernard E.J. Quinn for presentment of MOTION by Defendants Michael Sheahan, Cook County for leave to substitute lead attorney 86 before Honorable Elaine E. Bucklo on 9/9/2005 at 09:30 AM. (gma, ) (Entered: 08/26/2005)

Aug. 26, 2005 PACER
89

AMENDED ATTORNEY Appearance for Defendant Michael Sheahan by Bernard E.J. Quinn (ar, ) (Entered: 08/30/2005)

Aug. 26, 2005 PACER
90

MOTION by Plaintiffs to compel defendants to permit inspection by plaintiffs' expert (gma, ) (Entered: 09/01/2005)

Sept. 1, 2005 PACER
91

NOTICE of Motion by Thomas Gerard Morrissey for presentment of MOTION by Plaintiffs to compel defendants to permit inspection by plaintiffs' expert 90 before Honorable Sidney I. Schenkier on 9/8/2005 at 08:30 AM. (gma, ) (Entered: 09/01/2005)

Sept. 1, 2005 PACER
92

MINUTE entry before Judge Sidney I. Schenkier : For the reasons stated on the record in open court, plaintiffs' motion to compel defendants to permit an inspection by plaintiffs' expert, Sheila Vaughan (doc. # 90) is GRANTED. The inspection shall be conducted during weekday hours, and shall be completed by 09/30/05. For the reasons stated on the record in open court, plaintiffs' motion for production of witness(es) to give Rule 30(b)(6) testimony (doc. # 80) is GRANTED as to Categories D, E, F, G and K(8) of plaintiffs motion; in all other respects, the motion is DENIED. The Rule 30(b)(6) depositions on these subjects shall be completed by 09/30/05. Plaintiffs' unopposed oral motion to adjust the expert discovery schedule is GRANTED, as follows: (1) plaintiffs' expert disclosures and Rule 26(a)(2) reports are due by 10/31/05; (2) defendants' expert disclosures and Rule 26(a)(2) reports are due by 11/30/05; and (3) all expert depositions are to be completed by 12/30/05. Documents currently being produced by defendants shall be made reviewed by plaintiffs at a mutually-agreeable date on or before 09/16/05. Other than the discovery required by this order, no new discovery shall be initiated. The matter is set for a status conference on 11/03/05 at 9:00 a.m. Mailed notice. (tlp, ) (Entered: 09/06/2005)

Sept. 6, 2005 PACER

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Feb. 11, 2004

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All male inmates who, on or after 2/12/02, have been subjected a strip search, without reasonable suspicion that the inmate is concealing a weapon or other contraband, at the Cook County Department of Corrections after return from Court

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County Department of Corrections (Cook), County

Cook County Sheriff (Cook), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,400,000

Issues

General:

Search policies

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run