Case: Parish v. Sheriff of Cook County

1:07-cv-04369 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 3, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 3, 2007, a person held in Cook County Jail (CCJ) filed a lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §§ 1983 and 1988, and 28 U.S.C. § 1343 and 2201 against Cook County. The plaintiff, represented by civil rights attorneys, asked the court for compensatory damages, claiming that the jail's policies and procedures that denied prescribed medications to prisoners violated the Fourteenth Amendment. The plaintiffs specifically alleged that the d…

On August 3, 2007, a person held in Cook County Jail (CCJ) filed a lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §§ 1983 and 1988, and 28 U.S.C. § 1343 and 2201 against Cook County. The plaintiff, represented by civil rights attorneys, asked the court for compensatory damages, claiming that the jail's policies and procedures that denied prescribed medications to prisoners violated the Fourteenth Amendment.

The plaintiffs specifically alleged that the defendant's policy allowed medical technicians to deny medications to detainees solely on the basis of a brief and cursory interview. Technicians failed to inquire about detainees' medical histories and made their decisions without consulting a physician. With respect to psychotropic medications, the plaintiffs alleged that CCJ routinely provided antidepressants to individuals as a less expensive replacement of their medically-required psychotropic medications, which lead to behavioral problems including suicide attempts. With respect to non-psychotropic medications, the plaintiffs alleged that the county's policy permitted technicians to cut off drug treatments for a wide range of conditions, including enlarged prostate, heart disease, acid reflux, congestive heart failure, asthma, hepatitis C, chronic pain and surgical wounds. As a result, the plaintiffs suffered a wide range of adverse medical consequences.

On August 16, 2007, the plaintiffs filed the first amended complaint requesting class certification. On March 31, 2008, the plaintiffs filed the second amended complaint. On May 21, 2008, the defendants filed motions to dismiss the second amended complaint for failure to state a claim for which relief can be granted. The defendants argued that the plaintiffs failed to allege that a policy, custom, or practice for the Sheriff of Cook County was responsible was a cause or contributing cause for their alleged constitutional injury.

On October 24, 2008, Judge Matthew F. Kennelly granted class certification to current and former inmates confined to the Cook County Jail who were denied prescribed drug therapies within 24 hours by the facility, rejecting the defendant's adequacy-of-representation argument that asserted felons cannot serve as class representatives. Parish v. Sheriff of Cook Cnty., 07 4369, 2008 WL 4812875 (N.D. Ill. Oct. 24, 2008).

The court reassigned the case to Judge John Lee on June 1, 2012.

The plaintiffs moved for summary judgment on July 2, 2012, and the defendants moved to decertify the previously certified class on July 5, 2012. The defendants filed a cross-motion for summary judgment one month later. After several hearings on the motion and supplemental briefing, the court denied the defendants' motion to decertify the class on March 31, 2016, concluding that there were no material changes in circumstance or the law requiring decertification. 2016 WL 1270400. On April 17, 2018, the court denied a motion by defendants to bar the testimony of four of the plaintiffs' expert witnesses. 2018 WL 1811330.

On May 30, 2019, Judge John Lee addressed the parties’ motions for summary judgment. He granted in part and denied in part the defendants' motions and denied the plaintiffs’ motion. The court granted summary judgment in favor of defendant Cook County, finding that it was not directly liable for the allegedly unconstitutional intake policies at the jail. However, the court held that Cook County remained an indispensable party to the litigation because of their statutory role of funding the sheriff’s office. Addressing the claims against the Sheriff, the court granted the defendant’s motion as to claims asserting constitutional violations prior to 2008 and claims based on medical conditions other than asthma, diabetes, depression, and other various illnesses. The court permitted the plaintiffs’ remaining claims against the Sheriff to proceed. 2019 WL 2297464.

Beginning in summer 2019, the parties began settlement discussions. The lead plaintiffs submitted a preliminary settlement agreement on December 20, 2019. The agreement directs the defendants to pay $7,500,000. Judge Lee granted preliminary approval of the settlement agreement on December 17, 2019.

Upon notification, several members of the class filed objections to the settlement agreement. However, proceedings were delayed in early 2020 due to the COVID-19 pandemic; no final certification has been granted. The case is ongoing.

Summary Authors

Jessica Kincaid (3/29/2014)

Elizabeth Heise (11/12/2018)

Lily Sawyer-Kaplan (11/6/2019)

Ellen Aldin (6/7/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4507013/parties/parish-v-sheriff-of-cook-county/


Judge(s)

Feinerman, Gary Scott (Illinois)

Kennelly, Matthew F. (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Scanlon, Stacey L. (Illinois)

Attorneys(s) for Defendant

Catania, Francis J. (Illinois)

Creighton, Andrew Joseph (Illinois)

Devine, Richard Arthur (Illinois)

Fahlgren, Daniel J. (Illinois)

Judge(s)

Feinerman, Gary Scott (Illinois)

Kennelly, Matthew F. (Illinois)

Lee, John Zihun (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Scanlon, Stacey L. (Illinois)

Attorneys(s) for Defendant

Catania, Francis J. (Illinois)

Creighton, Andrew Joseph (Illinois)

Devine, Richard Arthur (Illinois)

Fahlgren, Daniel J. (Illinois)

Documents in the Clearinghouse

Document

1:07-cv-04369

Docket [PACER]

June 5, 2020

June 5, 2020

Docket
1

1:07-cv-04369

Complaint

Aug. 3, 2007

Aug. 3, 2007

Complaint
7

1:07-cv-04369

Amended Complaint

Aug. 16, 2007

Aug. 16, 2007

Complaint
21

1:07-cv-04369

Second Amended Complaint

March 31, 2008

March 31, 2008

Complaint
32

1:07-cv-04369

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT SHERIFF OF COOK COUNTY’S MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT

May 21, 2008

May 21, 2008

Pleading / Motion / Brief
58

1:07-cv-04369

MEMORANDUM OPINION AND ORDER

2008 WL 4812875

Oct. 24, 2008

Oct. 24, 2008

Order/Opinion
314

1:07-cv-04369

Memorandum Opinion and Order

2016 WL 1270400

March 31, 2016

March 31, 2016

Order/Opinion
331

1:07-cv-04369

Memorandum Opinion and Order

April 17, 2018

April 17, 2018

Order/Opinion
338

1:07-cv-04369

Memorandum Opinion and Order

May 30, 2019

May 30, 2019

Order/Opinion
385-1

1:07-cv-04369

Class Settlement Agreement

Dec. 10, 2019

Dec. 10, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4507013/parish-v-sheriff-of-cook-county/

Last updated Aug. 5, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Michael Parish; Jury Demand.(vcf, ) (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
2

CIVIL Cover Sheet. (vcf, ) (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
3

ATTORNEY Appearance for Plaintiff Michael Parish by Thomas Gerard Morrissey. (vcf, ) (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

RECAP
5

SUMMONS Issued as to Defendants Sheriff of Cook County and Cook County. (vcf, ) (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
6

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County by Daniel J. Fahlgren (Fahlgren, Daniel) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
7

AMENDED complaint by Michael Parish against Sheriff of Cook County, Cook County (Flaxman, Kenneth) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER
8

ATTORNEY Appearance for Plaintiff Michael Parish by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER
9

MOTION by Defendants Sheriff of Cook County, Cook County for extension of time to file answer, motion or otherwise plead. (Fahlgren, Daniel) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
10

NOTICE of Motion by Daniel J. Fahlgren for presentment of motion for extension of time to file answer 9 before Honorable Matthew F. Kennelly on 8/30/2007 at 09:30 AM. (Fahlgren, Daniel) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
11

MINUTE entry before Judge Matthew F. Kennelly: Status hearing set to 9:00 a.m. on 10/11/2007 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/JUDGE/KENNELLY/mfkpage.htm. Counsel for plaintiff (s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant. (or, ) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
12

MINUTE entry before Judge Matthew F. Kennelly :Defendants' Motion to enlarge time 9 is granted. Response to complaint is to be filed by 10/10/2007Mailed notice (rp, ) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
13

ANSWER to amended complaint by Cook County(Fahlgren, Daniel) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
14

ANSWER to amended complaint by Sheriff of Cook County(Fahlgren, Daniel) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
15

NOTICE by Sheriff of Cook County, Cook County re answer to amended complaint 14, answer to amended complaint 13 (Fahlgren, Daniel) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
16

MINUTE entry before Judge Matthew F. Kennelly :Status hearing pursuant to Rule 16(b) held on 10/11/2007 with attorneys for both sides. Rule 26(a)(1) disclosures are to be made by 11/1/2007. Class discovery is to be completed by 3/3/2008. Status hearing continued to 11/7/2007 at 09:30 AM. (or, ) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
17

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 11/7/2007 and continued to 12/11/2007 at 09:30 AM. (or, ) (Entered: 11/09/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER
18

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 12/11/2007 and continued to 1/14/2008 at 09:30 AM. (or, ) (Entered: 12/13/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
19

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 1/14/2008 and continued to 3/17/2008 at 09:30 AM. (or, ) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
20

MINUTE entry before Judge Honorable Matthew F. Kennelly:Status hearing held on 3/17/2008 and continued to 4/11/2008 at 09:30 AM.) Plaintiff's oral motion for leave to file amended complaint to add new plaintiff is granted and is to be filed by 3/31/2008. Motion for class certification is to be noticed for the status hearing date. (or, ) (Entered: 03/19/2008)

March 17, 2008

March 17, 2008

PACER
21

SECOND AMENDED complaint by Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller against all defendants (Flaxman, Kenneth) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
22

MINUTE entry before Judge Honorable Matthew F. Kennelly:Status hearing date of 4/11/2008 is vacated and reset for 4/17/2008 at 09:30 AM. (or, ) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
23

MOTION by Defendants Sheriff of Cook County, Cook County for extension of time to file answer regarding amended complaint 21 -SECOND. (Fahlgren, Daniel) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
24

NOTICE of Motion by Daniel J. Fahlgren for presentment of motion for extension of time to file answer, motion for relief 23 before Honorable Matthew F. Kennelly on 4/15/2008 at 09:30 AM. (Fahlgren, Daniel) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
25

MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson to certify class (Flaxman, Kenneth) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
26

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 25 before Honorable Matthew F. Kennelly on 4/17/2008 at 09:30 AM. (Flaxman, Kenneth) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
27

MINUTE entry before Judge Honorable Matthew F. Kennelly:Defendants' motion to enlarge time is granted. Response to second amended complaint is to be filed by 5/22/08. The case remains set for status hearing on 4/17/08 at 9:30 a.m. Mailed notice (ef, ) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

PACER
28

MINUTE entry before Judge Honorable Matthew F. Kennelly:Status hearing held on 4/17/2008 and continued to 7/31/2008 at 09:30 AM. Response to motion for class certification is due 6/5/2008. Reply brief is due 6/26/2008. Ruling set to 7/31/2008 at 9:30 AM. n notice (or, ) (Entered: 04/18/2008)

April 17, 2008

April 17, 2008

PACER
29

ANSWER to amended complaint by Cook County(Fahlgren, Daniel) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
30

NOTICE by Cook County re answer to amended complaint 29 (Fahlgren, Daniel) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
31

MOTION by Defendant Sheriff of Cook County to dismiss the Second Amended Complaint. (Fahlgren, Daniel) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
32

MEMORANDUM by Sheriff of Cook County in support of motion to dismiss 31 the Second Amended Complaint. (Fahlgren, Daniel) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
33

NOTICE of Motion by Daniel J. Fahlgren for presentment of motion to dismiss 31 before Honorable Matthew F. Kennelly on 5/29/2008 at 09:30 AM. (Fahlgren, Daniel) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
34

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held. MOTION by Defendant Sheriff of Cook County to dismiss the Second Amended Complaint. 31 is denied for the reasons stated in open court.Advised in open court (jms, ) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
35

RESPONSE by Sheriff of Cook County, Cook County to MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson to certify class 25 (Fahlgren, Daniel) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
36

NOTICE by Sheriff of Cook County, Cook County re response to motion, 35 to Certify Class. (Fahlgren, Daniel) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
37

MINUTE entry before the Honorable Matthew F. Kennelly:This case is set for oral argument on plaintiffs motion for class certification on 7/24/08 at 3:30 p.m. (10minutes per side). Mailed notice (ef, ) (Entered: 06/19/2008)

June 18, 2008

June 18, 2008

PACER
38

MOTION by Defendants Sheriff of Cook County, Cook County to reset Date for Oral Argument (Fahlgren, Daniel) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
39

NOTICE of Motion by Daniel J. Fahlgren for presentment of motion to reset 38 before Honorable Matthew F. Kennelly on 7/9/2008 at 09:30 AM. (Fahlgren, Daniel) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
40

REPLY by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson to motion to certify class 25, response to motion, 35 (Flaxman, Kenneth) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
41

MINUTE entry before the Honorable Matthew F. Kennelly:Motion to reschedule oral argument is granted. The oral argument of 7/24/08 is vacated. The Court has determined that it does not require argument on the pending motion and expects to rule as scheduled on the previously set ruling date of 7/31/08. Mailed notice (ef, ) (Entered: 07/18/2008)

July 9, 2008

July 9, 2008

PACER
42

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held on 7/31/2008,and continued to 10/9/2008 at 09:30 AM. Plaintiff's supplemental brief in support of motion for class is due 9/4/2008. Reply due by 9/25/2008. (or, ) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
43

MOTION by Defendants Sheriff of Cook County, Cook County for protective order (Attachments: # 1 Text of Proposed Order)(Fahlgren, Daniel) (Entered: 08/01/2008)

2 Text of Proposed Order

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Aug. 1, 2008

Aug. 1, 2008

PACER
44

NOTICE of Motion by Daniel J. Fahlgren for presentment of motion for protective order 43 before Honorable Matthew F. Kennelly on 8/6/2008 at 09:30 AM. (Fahlgren, Daniel) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
45

MOTION by Defendants Sheriff of Cook County, Cook County for protective order (Attachments: # 1 Text of Proposed Order Protective Order)(Fahlgren, Daniel) (Entered: 08/05/2008)

2 Text of Proposed Order Protective Order

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Aug. 5, 2008

Aug. 5, 2008

PACER
46

AMENDED NOTICE of Motion by Daniel J. Fahlgren for presentment of motion for protective order 45 before Honorable Matthew F. Kennelly on 8/12/2008 at 09:30 AM. (Fahlgren, Daniel) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
47

MINUTE entry before the Honorable Matthew F. Kennelly:Motion for protective order is entered and continued to 8/19/2008 at 09:30 AM. (or, ) (Entered: 08/13/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
48

MINUTE entry before the Honorable Matthew F. Kennelly:Motion for protective order is granted. Order to follow. (or, ) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
49

PROTECTIVE Order Signed by the Honorable Matthew F. Kennelly on 8/20/2008.(ef, ) (Entered: 08/21/2008)

Aug. 20, 2008

Aug. 20, 2008

RECAP
50

MEMORANDUM by Michael Parish, Cook County, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson in support of motion to certify class 25 [SUPPLEMENTAL] (Attachments: # 1 Exhibit exhibit 1, # 2 Exhibit exhibit 2, # 3 Exhibit exhibit 3, # 4 Exhibit exhibit 4, # 5 Exhibit exhibit 5, # 6 Exhibit exhibit 6, # 7 Exhibit exhibit 7, part 1, # 8 Exhibit exhibit 7 part 2, # 9 Exhibit Exhbiit 7, part 3, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Certificate of Service)(Flaxman, Kenneth) (Entered: 09/04/2008)

2 Exhibit exhibit 1

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3 Exhibit exhibit 2

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4 Exhibit exhibit 3

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5 Exhibit exhibit 4

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6 Exhibit exhibit 5

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7 Exhibit exhibit 6

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8 Exhibit exhibit 7, part 1

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9 Exhibit exhibit 7 part 2

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10 Exhibit Exhbiit 7, part 3

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11 Exhibit Exhibit 8

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12 Exhibit Exhibit 9

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13 Exhibit Exhibit 10

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14 Certificate of Service

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Sept. 4, 2008

Sept. 4, 2008

PACER
51

RESPONSE by Sheriff of Cook County, Cook Countyin Opposition to MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Lisa Brown, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson to certify class 25 -SUPPLEMENTAL Memorandum of Law. (Fahlgren, Daniel) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
52

NOTICE by Sheriff of Cook County, Cook County re response in opposition to motion, 51 to Certify Class- Response to Plaintiff's Supplemental Memorandum of Law. (Fahlgren, Daniel) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
53

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held on 10/9/2008. Ruling on motion to certify by mail. (or, ) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

PACER
54

MOTION by Plaintiff Michael Parish to Depose Prisoner (Flaxman, Kenneth) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
55

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 54 before Honorable Matthew F. Kennelly on 10/21/2008 at 09:30 AM. (Flaxman, Kenneth) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
56

MINUTE entry before the Honorable Matthew F. Kennelly:Plaintiffs motion to depose prisoner Jermain Brown, who is in the custody of the Cook County Sheriff, is granted (prisoner no. 2004-0026019). Mailed notice (ef, ) (Entered: 10/21/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
57

MINUTE entry before the Honorable Matthew F. Kennelly:For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants plaintiffs motion for class certification [docket no. 21]. The Court certifies the following class under Rule 23(b)(3): all persons confined at the Cook County Jail on and after August 3, 2005 who provided notice that he or she had been taking prescription medication for a serious health need and who was not provided with appropriate medication within 24 hours thereafter. The case is set for a status hearing on 11/13/08 at 9:30 a.m. Counsel are directed to confer regarding a proposed form of class notice and to submit a proposal or proposals to the Court by 11/10/08. Mailed notice (ef, ) (Entered: 10/27/2008)

Oct. 24, 2008

Oct. 24, 2008

PACER
58

MEMORANDUM Opinion and Order Signed by the Honorable Matthew F. Kennelly on 10/24/2008.(ef, ) (Entered: 10/27/2008)

Oct. 24, 2008

Oct. 24, 2008

RECAP
59

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held and continued to 12/15/2008 at 09:30 AM. (or, ) (Entered: 11/17/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
60

MOTION by Plaintiff Michael Parish for protective order (Morrissey, Thomas) (Entered: 11/19/2008)

Nov. 19, 2008

Nov. 19, 2008

PACER
61

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for protective order 60 before Honorable Matthew F. Kennelly on 11/25/2008 at 09:30 AM. (Morrissey, Thomas) (Entered: 11/19/2008)

Nov. 19, 2008

Nov. 19, 2008

PACER
62

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for entry of a qualified protective order is granted. Plaintiffs' counsel are directed to provide an electronic version of the proposed order for signature, following the instructions on Judge Kennelly's web page. (tlm) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

PACER
63

PROTECTIVE Order signed by the Honorable Matthew F. Kennelly on 11/26/2008.Mailed notice (tlm) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
64

MOTION by Plaintiff Michael ParishPlaintiffs' Motion Concerning Notice to Persons Detained at Cook County Jail (Morrissey, Thomas) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

RECAP
65

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for miscellaneous relief 64 before Honorable Matthew F. Kennelly on 12/16/2008 at 09:30 AM. (Morrissey, Thomas) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
66

MOTION by Plaintiff Michael Parish to compel (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Morrissey, Thomas) (Entered: 12/10/2008)

2 Exhibit One

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3 Exhibit Two

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Dec. 10, 2008

Dec. 10, 2008

PACER
67

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 66 before Honorable Matthew F. Kennelly on 12/16/2008 at 09:30 AM. (Morrissey, Thomas) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
68

MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson Concerning Notice to Persons Detained at Cook County Jail [CORRECTED] (Flaxman, Kenneth) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
69

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to compel 66 before Honorable Matthew F. Kennelly on 12/16/2008 at 09:30 AM. (Flaxman, Kenneth) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
70

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to compel 66 before Honorable Matthew F. Kennelly on 12/16/2008 at 09:30 AM. (Flaxman, Kenneth) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

PACER
71

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held and continued to 12/18/2008 at 11:00 AM. Motion to compel is entered and continued to status hearing date. (or, ) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
72

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 12/18/08 and continued to 1/26/09 at 9:30 a.m. Motion by Plaintiff to compel 66 is granted as to paragraph 2 and terminated as moot as to paragraph 3. Production to be submitted by 1/08/09. Motion by Plaintiff Concerning Notice to Persons Detained in Cook County 64, 68 is entered and briefed as follows: Response is due by 1/16/09. Mailed notice (lcw, ) (Entered: 12/19/2008)

Dec. 18, 2008

Dec. 18, 2008

PACER
73

RESPONSE by Sheriff of Cook County, Cook Countyin Opposition to MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson Concerning Notice to Persons Detained at Cook County Jail [CORRECTED][CORRECTED]68 (Attachments: # 1 Exhibit 1)(Fahlgren, Daniel) (Entered: 01/16/2009)

2 Exhibit 1

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Jan. 16, 2009

Jan. 16, 2009

PACER
74

NOTICE by all defendants re response in opposition to motion,, 73 (Fahlgren, Daniel) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
75

REPLY by Plaintiff Michael Parish to response in opposition to motion,, 73 (Flaxman, Kenneth) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

RECAP
76

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County by Francis J. Catania (Catania, Francis) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
77

MINUTE entry before the Honorable Matthew F. Kennelly: Enter attached Memorandum Opinion and Order regarding class notice. The Court directs the parties to make the further submissions required in the text of the Memorandum Opinion by no later than 2/3/09. The Court sets the case for further argument and ruling on 2/6/09 at 9:30 a.m. (tlm) (tlm). (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

RECAP
78

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held and continued to 2/9/2009 at 9:30 AM. Status hearing of 2/6/2009 is vacated. Francis Catania is granted leave to substitute his appearance for Daniel Fahlgren. (ef, ) (Entered: 01/27/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
79

MEMORANDUM motion for miscellaneous relief, 68 by Michael Parish (Flaxman, Kenneth) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

RECAP
80

RESPONSE by Sheriff of Cook County, Cook Countyin Opposition to MOTION by Plaintiffs Michael Parish, Curtis L. Oats, Leila Khoury, Sean Driscoll, Carla Lofton, Roy Cleaves, Dan Taylor, Dean Miller, Stacey Clark, Kevin Sanders, Carlotte Wilson Concerning Notice to Persons Detained at Cook County Jail [CORRECTED][CORRECTED]68 (Attachments: # 1 Exhibit 14_10)(Catania, Francis) (Entered: 02/03/2009)

2 Exhibit 14_10

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Feb. 3, 2009

Feb. 3, 2009

PACER
81

NOTICE by Sheriff of Cook County, Cook County DEFENDANTS SUPPLEMENTAL RESPONSE TO PLAINTIFFS MOTION CONCERNING NOTICE TO PERSONS ALLEGED TO BE DETAINED AT COOK COUNTY JAIL (Catania, Francis) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
82

MEMORANDUM response in opposition to motion,, 80 by Michael Parish Supplementeal Memorandum Concerning Notice to Persons Detained at Cook County Jail (Flaxman, Kenneth) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
83

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held. Plaintiff's motion concerning notice to persons detained at Cook County is granted in part for the reasons stated in open court. Parties have one (1) week to negotiate an agreed proposed protective order. Telephone conference set for 3/18/2009 at 9:00a.m. Mailed notice (slb, ) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
84

MINUTE entry before the Honorable Matthew F. Kennelly:Enter agreed protective order.Mailed notice (ef, ) (Entered: 02/19/2009)

Feb. 18, 2009

Feb. 18, 2009

PACER
85

AGREED PROTECTIVE Order Signed by the Honorable Matthew F. Kennelly on 2/18/2009.(ef, ) (Entered: 02/19/2009)

Feb. 18, 2009

Feb. 18, 2009

RECAP
86

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held with defendants' attorney calling in to report he could not reach plaintiffs' attorney. Status hearing continued to 4/1/2009 at 09:00 AM. The hearing will be held in Judge Kennelly's chambers (Room 2188). (or, ) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
87

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing pursuant to Rule 16(b) held with attorneys for both sides. Status hearing continued to 6/15/2009 at 09:30 AM. for the purpose of setting a discovery schedule. (or, ) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

PACER
88

LETTER from Calvin Lomax dated 3/30/09. (gcy, ) (Entered: 04/07/2009)

April 2, 2009

April 2, 2009

PACER
89

MOTION to intervene instanter by movant Mario D. Hawkins. (ef, ) (Entered: 04/22/2009)

April 21, 2009

April 21, 2009

PACER
90

APPLICATION by Movant Mario D. Hawkins for leave to proceed in forma pauperis. (ef, ) (Entered: 04/22/2009)

April 21, 2009

April 21, 2009

PACER
91

MINUTE entry before the Honorable Matthew F. Kennelly:The Court directs the attorneys representing the class to respond within fourteen days to the motion to intervene filed by Mario Hawkins 89 . The Court defers ruling on Hawkins motion to proceed in forma pauperis 90 until after a response is filed. Mailed notice (ef, ) (Entered: 04/23/2009)

April 22, 2009

April 22, 2009

PACER
92

RESPONSE by Plaintiff Michael Parish to motion to intervene 89 (Flaxman, Kenneth) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
93

MOTION by Movant Mario D. Hawkins in opposition instanter. (Exhibits) (ef, ) (Entered: 06/02/2009)

May 27, 2009

May 27, 2009

PACER
94

NOTICE by Calvin E Lomax of Change of Address. (ef, ) (Entered: 06/04/2009)

June 2, 2009

June 2, 2009

PACER
95

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held and continued to 7/9/2009 at 09:30 AM. (or, ) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
96

MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies Mario Hawkins' motion to intervene [# 89], his motion for leave to proceed in formapauperis [# 90], and his "motion in opposition instanter" {# 93]. The latter document establishes that Mr. Hawkins is not a member of the class of plaintiffs that the Court previously certified in this case, because he was admitted to the Cook County Jail and allegedly denied medication before the earliest date covered by the definition of the class. Mailed notice (tlm) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
97

MINUTE entry before the Honorable Matthew F. Kennelly: The judge in this case has been assigned another case, Arocho v. Cook County Jail, Case No. 09 C 1159, a pro se suit by a Cook County Jail detainee challenging denial of prescribed medications. Counsel in the present case are directed to review the complaint in the Arocho case to determine if the plaintiff is a member of the class and are directed to file a status report by 7/7/09 advising the Court of their determination and, if the plaintiff is a member of the class, whether he was sent notice and has opted out of the class in the present case. Mailed notice (tlm) (Entered: 06/24/2009)

June 23, 2009

June 23, 2009

PACER
98

STATUS Report concerning Eric Arocho by Michael Parish (Flaxman, Kenneth) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

PACER
103

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held and continued to 7/16/2009 at 09:30 AM. Status report regarding Arocho case is to be filed by 7/10/2009. Motion to compel is to be noticed for the status hearing date. (or, ) (Entered: 07/10/2009)

July 9, 2009

July 9, 2009

PACER
99

MOTION by Defendants Sheriff of Cook County, Cook County to compel Depositions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Catania, Francis) (Entered: 07/10/2009)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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July 10, 2009

July 10, 2009

PACER
100

NOTICE of Motion by Francis J. Catania for presentment of motion to compel 99 before Honorable Matthew F. Kennelly on 7/16/2009 at 09:30 AM. (Catania, Francis) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 3, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Current and former inmates confined to the Cook County Jail who were denied prescription drugs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

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: $7,500,000

Issues

General:

Conditions of confinement

Suicide prevention

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Untreated pain

Type of Facility:

Government-run