Case: Westefer v. Snyder

3:00-cv-00162 | U.S. District Court for the Southern District of Illinois

Filed Date: March 7, 2000

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 7, 2000, prisoners in Illinois' supermax prison, Tamms Correctional Center, brought this action in the U.S. District Court for the Southern District of Illinois. The prisoners sued the Illinois Department of Corrections (IDOC) under 42 U.S.C. § 1983 and state law, alleging that their selection by prison officials for transfer to and continued confinement at Tamms violated their rights to petition the government, to due process, and to freedom of association, as well as the ex-post fact…

On March 7, 2000, prisoners in Illinois' supermax prison, Tamms Correctional Center, brought this action in the U.S. District Court for the Southern District of Illinois. The prisoners sued the Illinois Department of Corrections (IDOC) under 42 U.S.C. § 1983 and state law, alleging that their selection by prison officials for transfer to and continued confinement at Tamms violated their rights to petition the government, to due process, and to freedom of association, as well as the ex-post facto clause. They also alleged that defendants engaged in illegal retaliation. Represented by the Uptown People's Law Center, the prisoners sought injunctive relief to prevent retaliation and violation of their constitutional rights, and asked, as well, for transfer into more appropriate prison facilities. The plaintiffs also sought both compensatory and punitive damages as well as attorneys' fees. The case was assigned to Judge Patrick Murphy.

Specifically, the prisoners alleged that IDOC severely restricted their movement and isolated inmates through the usage of self-contained individual cells, leaving inmates solitary for 23-24 hours a day. Plaintiffs claimed the punishment was imposed in retaliation for filing grievances and complaints and against the prison system and that the plaintiffs were not given a meaningful opportunity for a hearing before their transfer. Some of the plaintiffs also alleged violations of their First Amendment rights because they had been transferred to Tamms based on their membership in groups or gangs.

On July 18, 2003, the judge granted the defendants' motion for summary judgment, finding that plaintiffs had failed to exhaust their administrative remedies because their initial grievance had not notified defendants that plaintiffs were put into supermax in response to litigation activities.

Plaintiffs appealed this decision to the Seventh Circuit on August 27, 2003. The Seventh Circuit decided the appeal on September 9, 2005, and reversed and remanded the case for all but one plaintiff on due process and retaliation claims. 422 F.3d 570. The Seventh Circuit upheld summary judgment for the defendants on the First Amendment claims.

Back in the district court, on February 7, 2006, the plaintiffs filed a motion to certify a class. On June 14, 2006, plaintiffs filed a second amended complaint which incorporated their class action allegations. Plaintiffs sought a class of all inmates who have been transferred to Tamms Correctional Center since January 1, 1998, and all prisoners who will be transferred to Tamms in the future. On September 12, 2006, the court granted the plaintiffs' motion, adopting their proposed class definition and appointing the Uptown People's Law Center as class counsel. 2006 WL 2639972.

On December 6, 2006, the court affirmed the findings of a magistrate judge and denied plaintiffs' discovery motion to compel inspection of confidential prison information. 472 F.Supp.2d 1034. On January 8, 2008, the court denied a plaintiff's motion for appointment of separate counsel. One plaintiff had withdrawn from class representation, and the court ruled that under these circumstances he should proceed pro se, and was not entitled to the appointment of his own attorney. 2008 WL 131166

On September 4, 2009, the court denied the class plaintiffs' motion for summary judgment and granted in part defendants' motion for summary judgment. Specifically, the court granted defendants' motion on qualified immunity to damages for the due process claim and on the retaliation claims by the plaintiffs who were assigned to Tamms before the current director of the IDOC took his position. 2009 WL 2905548.

On January 15, 2010, the court granted plaintiffs' motion for partial summary judgment on the claim of exhaustion of administrative remedies. 2010 WL 235003. Specifically, the court found that no administrative remedy had ever existed to challenge placement in supermax.

On July 20, 2010, after a bench trial, the court awarded injunctive relief. 725 F. Supp. 2d 735. The injunctive relief required review of all transfers into Tamm and notice of reason for transfer to all inmates and hearings as a part of the review procedure. The hearings were to receive internal review and were appealable within the IDOC. The relief was granted for two years unless further relief was found to be necessary. On August 19, 2010, defendants appealed the injunction to the Seventh Circuit.

On October 12, 2010, the district court denied a stay of the injunction and also denied the defendant's motion for judgment as a matter of law. Specifically, the court found defendants did not have a high chance of succeeding on the merits and that harm to defendants by transferring prisoners out of supermax was small. 2010 WL 4000599.

But on June 6, 2012, the Seventh Circuit vacated the injunction and required a new injunction more narrowly tailored to the scope of the constitutional right. 682 F.3d 679. Specifically, the Seventh Circuit found the requirements on reporting guidelines and timing of reports were broader than constitutionally required. The PLRA required that relief be more narrowly drawn. On June 20, 2012, the district court required the defendant to submit a new proposed injunction. Defendants appealed this to the Seventh Circuit.

However, in the interim, Illinois governor Pat Quinn vetoed all state budget appropriations for Tamms, effectively shutting the facility down. On March 27, 2013, the district court proposed a grant of defendant's motion to vacate the injunctive relief on the grounds there were no longer any prisoners in the facility. 2013 WL 1286971. On April 3, 2013, the Seventh Circuit affirmed the district court's decision to vacate the injunction due to the lack of prisoners at the facility. However, on remand the district court upheld its award of $297,848.60 in attorney's fees for the plaintiff. The case is now closed.

Summary Authors

David Smellie (4/19/2017)

Nathaniel Flack (3/15/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4751015/parties/von-perbandt-v-snyder/


Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Evans, Terence Thomas (Wisconsin)

Gilbert, John Phil (Illinois)

Murphy, G. Patrick (Illinois)

Ripple, Kenneth Francis (Indiana)

Sykes, Diane S. (Wisconsin)

Wilkerson, Donald G. (Illinois)

Attorneys(s) for Plaintiff

Bartels, Elizabeth H. (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Evans, Terence Thomas (Wisconsin)

Gilbert, John Phil (Illinois)

Murphy, G. Patrick (Illinois)

Ripple, Kenneth Francis (Indiana)

Sykes, Diane S. (Wisconsin)

Wilkerson, Donald G. (Illinois)

Attorneys(s) for Plaintiff

Bartels, Elizabeth H. (Illinois)

Gaddipati, Raja S. (Illinois)

Gembicki, Nika K. (Illinois)

Homer, Paul (Illinois)

McManus, Colleen E. (Illinois)

Mills, Alan S. (Illinois)

Murray, Richard D Jr (Illinois)

Ortbals, Gerald (Missouri)

Pivnick, David J. (Illinois)

Thompson, Tomas M. (Illinois)

Wojcik, Lawrence A (Illinois)

Attorneys(s) for Defendant

Bruce, Ellen C. (Illinois)

Choate, Kelly R. (Illinois)

Corrigan, Terence J. (Illinois)

Higgerson, Christopher L. (Illinois)

Light, Erik G (Illinois)

Lipka, Larry J. (Illinois)

Morgan, Julie (Illinois)

Nelson, Ryan A. (Illinois)

Rupcich, Joseph N. (Illinois)

Stauffer, Randall C. (Illinois)

Expert/Monitor/Master

Shah, Aditi Kothekar (New York)

Documents in the Clearinghouse

Document

3:00-cv-00708

Docket [PACER]

Cunningham v. Snyder

Dec. 13, 2006

Dec. 13, 2006

Docket

3:00-cv-00162

09-03780

10-02957

12-03608

13-00918

Docket [PACER]

Von Perbandt v. Snyder

Aug. 21, 2017

Aug. 21, 2017

Docket
34

3:00-cv-00162

Memorandum and Order

Dec. 20, 2000

Dec. 20, 2000

Order/Opinion
64

3:00-cv-00162

Order

Jan. 23, 2002

Jan. 23, 2002

Order/Opinion
107

3:00-cv-00162

Judgment in a Civil Case

Von Perbrandt v. Snyder

July 28, 2003

July 28, 2003

Order/Opinion

03-03318

Order Affirming in Part and Denying in Part

U. S. Court of Appeals for the Seventh Circuit

422 F.3d 570

Sept. 6, 2005

Sept. 6, 2005

Order/Opinion

03-03318

Notice of Issuance of Mandate

U. S. Court of Appeals for the Seventh Circuit

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion
123

3:00-cv-00162

Memorandum in Support of Plaintiff's Motion to Certify Class

Feb. 7, 2006

Feb. 7, 2006

Pleading / Motion / Brief
137

3:00-cv-00162

Answer to Count 3 of Plaintiffs' Amended Complaint for Injunction, Declaratory Judgment, and Damages

May 5, 2006

May 5, 2006

Pleading / Motion / Brief
112

3:00-cv-00708

Order Consolidating Case

May 18, 2006

May 18, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4751015/von-perbandt-v-snyder/

Last updated Aug. 11, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTION, DECLARATORY JUDGMENT AND DAMAGES Filing fee pd $ 150.00 receipt # 300 66126 (fe) Modified on 03/08/2000 (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

PACER
2

ATTORNEY APPEARANCE for plaintiffs by Alan Mills (fe) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

PACER
3

MOTION by plaintiffs for attorney Alan Mills to appear pro hac vice (fe) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

PACER
4

ORDER (NGJ/car) granting motion for attorney Alan Mills to appear pro hac vice [3-1] for plaintiffs; $55 filing fee paid on 3/7/00, receipt # 300 66127 (fe) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

PACER

Magistrate identification: Mag/Judge Gerald B. Cohn (fe)

March 7, 2000

March 7, 2000

PACER
5

CJRA Track C assigned by Judge G. P. Murphy; Jury trial set for the presumptive month of 6/01 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (acm) (Entered: 03/16/2000)

March 14, 2000

March 14, 2000

PACER
6

MOTION by defendant Donald Snyder, defendant Odie Washington, defendant Michael V Neal, defendant George DeTella, defendant Michael O'Leary, defendant Thomas Page to extend time to answer (acm) (Entered: 05/12/2000)

May 10, 2000

May 10, 2000

PACER
7

NOTICE of Sched/Disc Conf set 8:30 AM, 6/15/00 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (acm) (Entered: 05/16/2000)

May 15, 2000

May 15, 2000

PACER
8

ORDER by Mag Judge Gerald B. Cohn granting motion to extend time to answer [6-1] (answer is due 5/15/00) (cc: all counsel) (acm) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

PACER
9

MOTION by plaintiffs for entry of default as to Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page (fe) (Entered: 05/23/2000)

May 18, 2000

May 18, 2000

PACER
10

MOTION by defendants to dismiss complaint (fe) (Entered: 05/23/2000)

May 18, 2000

May 18, 2000

PACER
11

MOTION by defendants for leave to file in excess of ten pages (fe) (Entered: 05/23/2000)

May 18, 2000

May 18, 2000

PACER
12

ORDER (NGJ/clk) denying motion for entry of default as to Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page [9-1] (cc: all counsel) (fe) (Entered: 05/23/2000)

May 23, 2000

May 23, 2000

PACER
13

RESPONSE by defendants Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page to motion for default [9-1] (myz) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
14

ORDER by Judge G. P. Murphy granting motion for leave to file a memorandum of law in excess of ten pages [11-1] (cc: all counsel) (acm) (Entered: 05/31/2000)

May 26, 2000

May 26, 2000

PACER
15

MEMORANDUM by defendant Donald Snyder, defendant Odie Washington, defendant Michael V Neal, defendant George DeTella, defendant Michael O'Leary, defendant Thomas Page in support of motion to dismiss complaint [10-1] (acm) (Entered: 05/31/2000)

May 26, 2000

May 26, 2000

PACER
16

MOTION by plaintiffs for extension of time to respond to defendants' motion to dismiss (acm) (Entered: 06/06/2000)

May 31, 2000

May 31, 2000

PACER
17

ORDER by Judge G. P. Murphy granting motion for extension of time to respond to defendants' motion to dismiss [16-1]; motion to dismiss complaint [10-1] resp due 6/26/00 (cc: all counsel) (myz) (Entered: 06/12/2000)

June 7, 2000

June 7, 2000

PACER
18

ORDER by Mag Judge Gerald B. Cohn setting settlement conf at 9:00 AM on 4/23/01 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (myz) (Entered: 06/23/2000)

June 19, 2000

June 19, 2000

PACER
19

MOTION by plaintiffs for extension of time to respond to motion to dismiss (myz) (Entered: 07/06/2000)

June 29, 2000

June 29, 2000

PACER
20

MOTION by plaintiffs for leave to file in excess of ten pages (fe) (Entered: 07/07/2000)

July 5, 2000

July 5, 2000

PACER
21

ORDER by Judge G. P. Murphy granting motion for leave to file in excess of ten pages [20-1], denying motion for extension of time to respond to motion to dismiss [19-1] as moot (cc: all counsel) (tjh) (Entered: 07/17/2000)

July 13, 2000

July 13, 2000

PACER
22

RESPONSE by plaintiffs to motion to dismiss complaint [10-1] (tjh) (Entered: 07/17/2000)

July 13, 2000

July 13, 2000

PACER
23

NOTICE of hearing re motion to dismiss [10-1] ORAL ARGUMENTS set 2:30 PM on 9/18/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 07/19/2000)

July 19, 2000

July 19, 2000

PACER
24

MINUTES (lc) of hearing on motion to dismiss before Judge G. P. Murphy taking under advisement the motion to dismiss complaint [10-1] ; (C/R: Molly Clayton) (dmw) (Entered: 09/21/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
25

MOTION by plaintiffs for attorney Paul Homer to appear pro hac vice (dmw) (Entered: 09/21/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
26

ORDER (NGJ/cr) granting motion for attorney Paul Homer to appear pro hac vice [25-1] for plaintiffs (cc: all counsel) $55.00 fee paid receipt #300 69843 (dmw) (Entered: 09/21/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
27

MOTION by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder to stay discovery (tjh) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
28

MEMORANDUM OF LAW by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder in support of motion to stay discovery [27-1] (tjh) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER
29

RESPONSE by plaintiffs' Aryules Bivens, Larry Brown, Finner Bryant, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Gary Clark, Laverne Clayton, Maurice Coleman, Kennard Combs, Robert Felton, Larry Foutch, Larry Gambrell, John Gill, Timothy Hall, George Harper, Eugene Horton, Michael Johnson, Ted Knox, William Lasley, Alex Muller, Vincent Reyna, Vincente Rodriguez, Edward Rodriguez, Tyshawn Ross, Anibal Santiago, Milton Smith, Joe Sorrentino, Michael Sparling, Corey A Taylor, Armando Tinajero, Alejandro Villazana, Mark Von Perbandt, Robert Westefer to motion to stay discovery [27-1] (tjh) (Entered: 10/11/2000)

Oct. 4, 2000

Oct. 4, 2000

PACER
30

MOTION by plaintiff Milton Smith to voluntarily dismiss himself as a party (tjh) (Entered: 10/17/2000)

Oct. 12, 2000

Oct. 12, 2000

PACER
31

AFFIDAVIT of Milton Smith re motion to voluntarily dismiss [30-1] (tjh) (Entered: 10/17/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
32

ORDER by Chief Judge G. P. Murphy granting motion to voluntarily dismiss himself as a party [30-1]; dismissing party Milton Smith without prejudice (cc: all counsel) (tjh) (Entered: 10/26/2000)

Oct. 23, 2000

Oct. 23, 2000

PACER
33

NOTICE of hearing settlement conf set 9:00AM 5/3/01 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (jms) (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

PACER
34

ORDER by Chief Judge G. P. Murphy granting in part and denying in part motion to dismiss complaint [10-1] See order for specifics (cc: all counsel) (jmf) (Entered: 12/22/2000)

Dec. 20, 2000

Dec. 20, 2000

PACER
35

MOTION by defendants Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder for enlargement of time (car) (Entered: 01/10/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
36

ORDER by Mag Judge Gerald B. Cohn granting motion for enlargement of time to 1/12/01 to respond to complaint [35-1] (cc: all counsel) (dmw) (Entered: 01/12/2001)

Jan. 10, 2001

Jan. 10, 2001

PACER
37

ANSWER by defendant Donald Snyder, defendant Odie Washington, defendant Michael V Neal, defendant George DeTella, defendant Michael O'Leary, defendant Thomas Page to plaintiffs' complaint for injunction, declaratory judgment and damages[1-1] (fe) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
38

OBJECTIONS by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder to plaintiffs' request to view photograph and video tape (tjh) (Entered: 01/25/2001)

Jan. 23, 2001

Jan. 23, 2001

PACER
39

ORDER by Mag Judge Gerald B. Cohn denying as moot motion to stay discovery [27-1] (cc: all counsel) (dmw) (Entered: 03/13/2001)

March 9, 2001

March 9, 2001

PACER
40

MOTION by plaintiffs' Aryules Bivens, Larry Brown, Finner Bryant, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Gary Clark, Laverne Clayton, Maurice Coleman, Kennard Combs, Robert Felton, Larry Foutch, Larry Gambrell, John Gill, Timothy Hall, George Harper, Eugene Horton, Michael Johnson, Ted Knox, William Lasley, Alex Muller, Vincent Reyna, Vincente Rodriguez, Edward Rodriguez, Tyshawn Ross, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Armando Tinajero, Alejandro Villazana, Mark Von Perbandt, Robert Westefer to reset settlement conference (tjh) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

PACER
41

ORDER by Mag Judge Gerald B. Cohn granting motion to reset settlement conference [40-1]; Settlement conf scheduled for 5/3/01 is vacated (cc: all counsel) (tjh) (Entered: 05/07/2001)

May 3, 2001

May 3, 2001

PACER
42

NOTICE of hearing settlement conf set 2:00PM 5/30/01 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (jms) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

PACER
43

AGREED MOTION by plaintiffs to cancel settlement conference (car) (Entered: 06/05/2001)

May 21, 2001

May 21, 2001

PACER
44

ORDER by Mag Judge Gerald B. Cohn granting motion to cancel settlement conference [43-1]; Settlement conf scheduled for 5/30/01i is cancelled (cc: all counsel) (car) (Entered: 06/05/2001)

May 29, 2001

May 29, 2001

PACER
45

MOTION by plaintiffs' Aryules Bivens, Larry Brown, Finner Bryant, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Gary Clark, Laverne Clayton, Maurice Coleman, Kennard Combs, Robert Felton, Larry Foutch, Larry Gambrell, John Gill, Timothy Hall, George Harper, Eugene Horton, Michael Johnson, Ted Knox, William Lasley, Alex Muller, Vincent Reyna, Vincente Rodriguez, Edward Rodriguez, Tyshawn Ross, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Armando Tinajero, Alejandro Villazana, Mark Von Perbandt, Robert Westefer to compel disclosure (tjh) (Entered: 06/20/2001)

June 15, 2001

June 15, 2001

PACER
46

MEMORANDUM OF LAW by plaintiffs' Aryules Bivens, Larry Brown, Finner Bryant, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Gary Clark, Laverne Clayton, Maurice Coleman, Kennard Combs, Robert Felton, Larry Foutch, Larry Gambrell, John Gill, Timothy Hall, George Harper, Eugene Horton, Michael Johnson, Ted Knox, William Lasley, Alex Muller, Vincent Reyna, Vincente Rodriguez, Edward Rodriguez, Tyshawn Ross, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Armando Tinajero, Alejandro Villazana, Mark Von Perbandt, Robert Westefer in support of motion to compel disclosure [45-1] (tjh) (Entered: 06/20/2001)

June 15, 2001

June 15, 2001

PACER
47

MOTION by defendants Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary and Thomas Page to compel answers to interrogatories (scj) (Entered: 06/29/2001)

June 22, 2001

June 22, 2001

PACER
48

MOTION by defendants' Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page for enlargement of time to respond to motion to compel (tjh) (Entered: 06/29/2001)

June 25, 2001

June 25, 2001

PACER
49

MOTION by defendants' Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page to substitute motion for enlargement of time due to scrivener's error (tjh) (Entered: 07/09/2001)

June 29, 2001

June 29, 2001

PACER
51

ORDER by Mag Judge Gerald B. Cohn granting motion for enlargement of time to respond to motion to compel [48-1] motion to compel disclosure [45-1] resp due 7/6/01 (cc: all counsel) (dmw) Modified on 01/22/2002 (Entered: 07/11/2001)

July 6, 2001

July 6, 2001

PACER
52

MOTION by defendants Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page for leave to file in excess of ten pages (amv) (Entered: 07/11/2001)

July 9, 2001

July 9, 2001

PACER
53

ORDER by Mag Judge Gerald B. Cohn granting motion to substitute motion for enlargement of time [49-1] (cc: all counsel) (dmw) (Entered: 07/17/2001)

July 13, 2001

July 13, 2001

PACER
54

ORDER by Mag Judge Gerald B. Cohn granting motion for leave to file in excess of ten pages [52-1] (cc: all counsel) (dmw) (Entered: 07/17/2001)

July 13, 2001

July 13, 2001

PACER
55

RESPONSE by defendants to motion to compel discovery [45-1] (dmw) (Entered: 07/17/2001)

July 13, 2001

July 13, 2001

PACER
56

ORDER by Mag Judge Gerald B. Cohn granting motion to compel answers to interrogatories [47-1] (cc: all counsel) (dmw) (Entered: 07/19/2001)

July 16, 2001

July 16, 2001

PACER
57

MOTION by plaintiffs for extension of time to complete discovery responses (tjh) (Entered: 08/02/2001)

July 30, 2001

July 30, 2001

PACER
58

MOTION by plaintiff Timothy Hall to dismiss plaintiff Timothy Hall from litigation sub-class (tjh) (Entered: 08/02/2001)

July 30, 2001

July 30, 2001

PACER
59

ORDER by Mag Judge Gerald B. Cohn granting motion for extension of time to complete discovery responses up to August 20, 2001 [57-1] (cc: all counsel) (fe) (Entered: 08/08/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
60

MOTION by plaintiff for leave to file Reply Brief in support of Motion to Compel Discovery, instanter (scj) (Entered: 10/03/2001)

Oct. 1, 2001

Oct. 1, 2001

PACER
61

ORDER by Mag Judge Gerald B. Cohn granting motion for leave to file Reply Brief in support of Motion to Compel Discovery, instanter [60-1] (cc: all counsel) (scj) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

PACER
62

REPLY by plaintiffs in support of motion to compel disclosure [45-1] (scj) Modified on 10/10/2001 (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

PACER
63

ORDER by Mag Judge Gerald B. Cohn granting in part and denying in part the motion to compel disclosure [45-1]; defendants are directed to turn over all documents which justify or support the transfer of plaintiffs to Tamms Correctional Center (cc: all counsel) (scj) Modified on 01/15/2002 (Entered: 01/14/2002)

Jan. 11, 2002

Jan. 11, 2002

PACER
50

ORDER by Mag Judge Gerald B. Cohn granting motion for agreed protective order [50-1] (cc: all counsel) (scj) (Entered: 01/15/2002)

Jan. 11, 2002

Jan. 11, 2002

PACER
64

ORDER by Chief Judge G. P. Murphy modifying 12/20/00 order by dismissing counts 2 & 3 with prejudice for failure to state a claim upon which relief can be granted; count 4 remains dismissed without prejudice for lack of subject matter jurisdiction; granting in part and denying in part motion to dismiss plaintiff Timothy Hall from litigation sub-class [58-1]; withdrawing, striking and dismissing party Timothy Hall ; dismissing the following parties to this action: Robert Westefer, Alejandro Villazana, Armando Tinajero, Tyshawn Ross, Vincent Reyna, Alex Muller, Michael Johnson, John Gill, Larry Gambrell, Larry Foutch, Maurice Coleman, Gary Clark, Finner Bryant, Larry Brown ; jury trial reset for 8:00 AM on 8/6/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (tjh) (Entered: 01/28/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
65

MOTION by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder for relief (leave to) from Local Rule 7.1(g) (tjh) (Entered: 07/15/2002)

July 10, 2002

July 10, 2002

PACER
66

NOTICE of hearing status conf set 10:00 AM on 7/25/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

PACER
67

MOTION by plaintiffs for extension of time to respond to defendants' motion for summary judgment (dmw) (Entered: 07/24/2002)

July 19, 2002

July 19, 2002

PACER
68

AGREED MOTION by plaintiffs to reset trial date (to continue) (dmw) (Entered: 07/24/2002)

July 19, 2002

July 19, 2002

PACER
69

MOTION by defendants' Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, and Thomas Page for summary judgment received on 7/25/02 (tjh) (Entered: 08/05/2002)

July 25, 2002

July 25, 2002

PACER
70

MEMORANDUM by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, and Donald Snyder in support of motion for summary judgment received on 7/25/02 [69-1] (tjh) (Entered: 08/05/2002)

July 25, 2002

July 25, 2002

PACER
71

UNDISPUTED MATERIAL FACTS by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, and Donald Snyder to motion for summary judgment received on 7/25/02 [69-1] (tjh) (Entered: 08/05/2002)

July 25, 2002

July 25, 2002

PACER
72

MINUTES of hearing on Status Conference (lmc) before Chief Judge G. P. Murphy granting motion for relief (leave to) from Local Rule 7.1(g) [65-1]; granting motion for extension of time to respond to defendants' motion for summary judgment [67-1]; response to motion for summary judgment received on 7/25/02 [69-1] due 9/17/02 and set for oral arguments at 2:30 PM on 10/7/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL; granting motion to reset trial date (to continue) [68-1]; Status conference held 7/25/02 ( C/R: Molly Clayton) (tjh) (Entered: 08/05/2002)

July 25, 2002

July 25, 2002

PACER

VOLUME NUMBER 2 created, beginning with document number 69. (tjh)

July 25, 2002

July 25, 2002

PACER
73

NOTICE of hearing re motion for summary judgment [69-1] ORAL ARGUMENTS set 2:30 PM on 10/28/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
74

MOTION by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt for sanctions or, in the alternative, for order to over rule defendants' objections to discovery (tjh) (Entered: 09/20/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
75

MOTION by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt for extension of time to respond to motion for summary judgment (tjh) (Entered: 09/20/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
76

MOTION by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt for leave to file amended complaint (tjh) (Entered: 09/20/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
77

OBJECTIONS by defendants' Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page to motion for extension of time [75-1] (tjh) (Entered: 09/20/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
78

OBJECTION (RESPONSE) by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder to motion for leave to file amended complaint [76-1] (tjh) (Entered: 09/25/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
79

MEMORANDUM OF LAW by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder in support of objection [78-1] to motion for leave to file amended complaint [76-1] (tjh) Modified on 09/25/2002 (Entered: 09/25/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER

REMARK - attachments to doc # located in exhibit room (tjh)

Sept. 20, 2002

Sept. 20, 2002

PACER
80

MOTION by defendants' Donald Snyder, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page for leave to file in excess of ten pages (tjh) (Entered: 09/27/2002)

Sept. 23, 2002

Sept. 23, 2002

PACER
81

MOTION by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt for leave to file 15 page reply brief in support of their motion to file an amended complaint (tjh) (Entered: 10/02/2002)

Sept. 25, 2002

Sept. 25, 2002

PACER
82

REPLY BRIEF by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt to response to motion for extension of time to respond to motion for summary judgment [75-1] (tjh) (Entered: 10/02/2002)

Sept. 27, 2002

Sept. 27, 2002

PACER
83

RESPONSE by defendants Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, and Thomas Page to motion for sanctions [74-1] or, in the alternative, motion for order to over rule defendants' objections to discovery [74-2] (scj) (Entered: 10/17/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
84

ORDER by Chief Judge G. P. Murphy granting motion for leave to file 15 page reply brief in support of their motion to file an amended complaint [81-1], granting motion for leave to file in excess of ten pages [80-1] motion for leave to file amended complaint [76-1]; hearing 2:30 PM on 10/28/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL, motion for extension of time to respond to motion for summary judgment [75-1] hearing 2:30 PM on 10/28/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL, motion for sanctions [74-1] hearing 2:30 PM on 10/28/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL, motion for order to over rule defendants' objections to discovery [74-2] hearing 2:30 PM on 10/28/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (jmf) (Entered: 10/21/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
85

REPLY by plaintiff to response to motion for leave to file amended complaint [76-1] (jmf) (Entered: 10/21/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
86

MOTION by plaintiffs' Aryules Bivens, Roosevelt Burrell, Ronnie W Carroll, Marcus Chapman, Laverne Clayton, Kennard Combs, Robert Felton, George Harper, Eugene Horton, Ted Knox, William Lasley, Vincente Rodriguez, Edward Rodriguez, Anibal Santiago, Joe Sorrentino, Michael Sparling, Corey A Taylor, Mark Von Perbandt for relatedness (order) (tjh) (Entered: 10/31/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER

VOLUME NUMBER 3 created, beginning with document number 87. (dmw)

Oct. 27, 2002

Oct. 27, 2002

PACER
87

MINUTES of hearing on Motion to Amend, for Extension of Time, for Sanctions (lmc) before Chief Judge G. P. Murphy denying motion for sanctions [74-2] or for order [74-1]; granting motion for extension of time [75-1]; granting motion to amend [76-1]; denying motion for relatedness [86-1] as moot ( C/R: Molly Clayton) (tjh) (Entered: 10/31/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER
89

AMENDED COMPLAINT FOR INJUNCTION, DECLARATORY JUDGMENT, AND AND DAMAGES [1-1] by plaintiffs' Mark Von Perbandt, Corey A Taylor, Michael Sparling, Joe Sorrentino, Anibal Santiago, Edward Rodriguez, Vincente Rodriguez, William Lasley, Ted Knox, Eugene Horton, George Harper, Robert Felton, Kennard Combs, Laverne Clayton, Marcus Chapman, Ronnie W Carroll, Roosevelt Burrell, Aryules Bivens; adding defendants' Dwayne Clark, Jerry Gilmore, Lamark Carter, Rodney Ahitow, Roger Cowan; jury demand (tjh) (Entered: 10/31/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER
88

ORDER by Chief Judge G. P. Murphy granting motion for leave to file amended complaint [76-1]; granting in part and denying in part motion for order to over rule defendants' objections to discovery [74-2] and for sanctions [74-1]; granting motion for extension of time to respond to motion for summary judgment [75-1]; response to motion for summary judgment received on 7/25/02 [69-1] due 12/27/02; denying as moot plaintiffs' motion for relatedness (order) [86-1] which is construed as a notice (cc: all counsel) (tjh) (Entered: 10/31/2002)

Oct. 29, 2002

Oct. 29, 2002

PACER
90

MOTION by plaintiffs' for order to over rule defendants' objections to discovery (tjh) Modified on 11/27/2002 (Entered: 11/18/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
91

RESPONSE by defendants' Thomas Page, Michael O'Leary, George DeTella, Michael V Neal, Odie Washington, Donald Snyder to motion for order to over rule defendants' objections to discovery [90-1] (tjh) (Entered: 11/27/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
92

NOTICE of hearing re motion for summary judgment [69-1] ORAL ARGUMENTS set 10:30 AM on 2/10/03 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

PACER
93

REPLY by plaintiffs' in support of response to motion for order to over rule defendants' objections to discovery [90-1] (tjh) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
94

MOTION by plaintiffs for extension of time to respond to motion for summary judgment (dmw) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
95

ORDER by Chief Judge G. P. Murphy granting motion for extension of time to respond to motion for summary judgment [94-1] [69-1]; resp due 1/27/03 (cc: all counsel) (scj) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
96

ANSWER and affirmative defenses by defendants Donald Snyder, Odie Washington, Michael V Neal, George DeTella, Michael O'Leary, Thomas Page, Dwayne Clark, Roger Cowan, Rodney Ahitow to [89-1] (dmw) (Entered: 12/30/2002)

Dec. 26, 2002

Dec. 26, 2002

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2000

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates who were confined in Illinois' supermax prison, Tamms Correctional Center, alleging that their selection by prison officials for transfer to and continued confinement at Tamms violates their rights to petition the government and to due process.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections , State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $297,848.60

Order Duration: 2010 - 2013

Content of Injunction:

Recordkeeping

Reporting

Required disclosure

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Grievance Procedures

Recreation / Exercise

Type of Facility:

Government-run