Case: Hargett v. Baker

1:02-cv-01456 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 27, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On February 27, 2002, four individuals involuntarily detained by the Illinois Department of Human Services pursuant to the Sexually Violent Persons Commitment Act (“SVP Act”) on behalf of themselves and all others similarly situated filed this lawsuit in the U.S. District Court for Northern Illinois. The plaintiffs sued under 42 U.S.C. § 1983. Represented by private counsel and the ACLU, they sought a declaratory judgment, a permanent injunction, costs and reasonable attorney’s fees, and the …

On February 27, 2002, four individuals involuntarily detained by the Illinois Department of Human Services pursuant to the Sexually Violent Persons Commitment Act (“SVP Act”) on behalf of themselves and all others similarly situated filed this lawsuit in the U.S. District Court for Northern Illinois. The plaintiffs sued under 42 U.S.C. § 1983. Represented by private counsel and the ACLU, they sought a declaratory judgment, a permanent injunction, costs and reasonable attorney’s fees, and the right of all class members to bring subsequent individual lawsuits for damages.

The plaintiffs claimed that the state failed to provide adequate and meaningful health treatment to the plaintiffs and those similarly situated; the treatment and care that was given was, they alleged, punitive and constitutionally inadequate. Specifically, the plaintiffs claimed that the defendants had failed to properly train their staff, provide individualized treatment programs, allow for family participation in rehabilitation efforts, allow for fair grievance procedures, afford reasonable opportunities to residents for activities, and to institute a procedure to guarantee appropriate therapist/patient confidentiality. The defendants also allegedly required, as a precondition to participation in all but the most basic treatment, that plaintiffs admit to many crimes for which they were not convicted. The conditions of confinement, according to the plaintiffs, were also unreasonable restrictive. Examples included routine strip searches, routine shackling with restraints used in “super-max” prisons, intrusive and frequent cell searches, constant surveillance and in general having their freedom of movement restricted in a variety of arbitrary ways.

On March 19, 2002, this case was reassigned from Judge Matthew F. Kennelly to Judge Harry D. Leinenweber. Shortly thereafter on March 27, 2002, the plaintiffs filed a motion to maintain class action. Judge Leinenweber granted the motion on June 28, 2002. 2002 WL 1433729 (N.D. Ill. 2002)

On May 14, 2002, the defendants filed a motion to dismiss the plaintiffs’ class action complaint. Judge Leinenweber denied the motion on July 25, 2002. 2002 WL 1732911 (N.D. Ill. 2002)

Following trial, on January 13, 2005, Judge Leinenweber granted the plaintiffs declaratory relief concerning the Special or Secure Management Status (“SMS”) used at the Joliet Treatment and Detention Facility (the “TDF”), holding it unconstitutional. SMS referred to the status and set of conditions that a patient would be placed under when determined to be a danger to himself or others. However, he denied all of the plaintiffs’ remaining claims. The court stated that while the low rates of treatment participation, progress, and release at the TDF was disappointing, it did not amount to a constitutional violation. In addition, because the SMS policy had been amended several months before trial, the court denied injunctive relief on that issue. The new SMS policy, the court held, cured the defects in the prior policy. 2005 WL 399300 (N.D. Ill. 2005)

On January 28, 2002 the plaintiffs filed a motion to reconsider. However, Judge Leinenweber denied the motion on March 25, 2005.

Finally, on July 26, 2005 Judge Leinenweber declined to award attorney’s fees or other costs to either party, directing both parties bear their own fees and costs.

Outside of an acknowledgment of receipt of sealed document #75 on January 14, 2010, there has been no activity on the docket since October 3, 2005. Therefore, it seems that the case is closed.

Summary Authors

Matt Ramirez (6/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5227551/parties/hargett-v-baker/


Judge(s)

Brown, Geraldine Soat (Illinois)

Kennelly, Matthew F. (Illinois)

Leinenweber, Harry Daniel (Illinois)

Shadur, Milton Irving (Illinois)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Bear, Frank Antonio (Illinois)

Cygal, Everett Joseph (Illinois)

Davis, Gregory M. (Illinois)

Fine, Steven H. (Illinois)

Foley, Erin Dougherty (Illinois)

Judge(s)

Brown, Geraldine Soat (Illinois)

Kennelly, Matthew F. (Illinois)

Leinenweber, Harry Daniel (Illinois)

Shadur, Milton Irving (Illinois)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Bear, Frank Antonio (Illinois)

Cygal, Everett Joseph (Illinois)

Davis, Gregory M. (Illinois)

Fine, Steven H. (Illinois)

Foley, Erin Dougherty (Illinois)

Lee, John Douglas (Illinois)

Morrison, Ian H. (Illinois)

Mullins, Michael Patrick (Illinois)

Ostrand, Ernst Henning (Illinois)

Rubenstein, Amy Michelle (Illinois)

Schreiber, Sarah E. (Illinois)

Varas, Christopher Theodore (Washington)

Wolf, Benjamin S. (Illinois)

Attorneys(s) for Defendant

Askew, Davis Revels (Illinois)

Calloway, Shirley Ruth (Illinois)

Griffin, Gary Michael (Illinois)

Keane, Alice Elizabeth (Illinois)

Maine, Meghan (Illinois)

Puiszis, Steven M. (Illinois)

Ramage, Andrew Michael (Illinois)

Roberts, J. William (Illinois)

Shannon, Robert (Illinois)

Vernon, Stephen Devereux (Illinois)

Vlahakis, James Constantine (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 14, 2010 Docket

Docket [PACER]

Taylor v. Adams

Oct. 21, 2014 Docket

Docket [PACER]

Morales v. Adams

Oct. 21, 2014 Docket
1

Class Action Complaint

Feb. 27, 2002 Complaint
11

Memorandum of Law in Support of Motion to Dismiss

May 21, 2002 Pleading / Motion / Brief
18

Memorandum Opinion and Order

2002 WL 1433729

July 1, 2002 Order/Opinion
21

Memorandum Opinion and Order

2002 WL 1732911

July 26, 2002 Order/Opinion
31

Answer and Affirmative Defenses to Class Action Complaint

Sept. 6, 2002 Pleading / Motion / Brief
164

Judgment in a Civil Case

Hargett v. Adams

Jan. 14, 2005 Order/Opinion
163

Memorandum Opinion and Order

Hargett v. Adams

2005 WL 399300

Jan. 14, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5227551/hargett-v-baker/

Last updated May 20, 2022, 1:56 a.m.

ECF Number Description Date Link
18

MINUTE ORDER of 6/28/02 by Hon. Harry D. Leinenweber : Status hearing set for 7/11/02 at 9:00 a.m. Plaintiffs' motion for class certification is granted. Entered Memorandum Opinion and Order. Mailed notice (yp)

June 28, 2002 RECAP
1

COMPLAINT − Civil cover sheet − Appearance(s) of Everett Joseph Cygal as attorney(s) for plaintiffs' ( no summons(es) issued.) ( Documents: 1−1 through 1−3) (hmb) (Entered: 02/28/2002)

Feb. 27, 2002
21

MINUTE ORDER of 7/25/02 by Hon. Harry D. Leinenweber : Defendant's motion to dismiss class action complaint is denied. [9-1] Entered Memorandum Opinion and Order. Mailed notice (eav)

July 25, 2002 RECAP

RECEIPT regarding payment of filing fee paid; on 2/27/02 in the amount of $ 150.00, receipt # 10618630. (hmb) (Entered: 02/28/2002)

Feb. 27, 2002
2

ATTORNEY APPEARANCE for plaintiffs by Benjamin S. Wolf. (yp) (Entered: 03/05/2002)

March 4, 2002
163

MINUTE ORDER of 1/13/05 by Hon. Harry D. Leinenweber: Plaintiffs' demand for declaratory relief is granted insofar as to TDF's prior SMS was unconstitutional and defendants failed to establish that plaintiffs' claim on this issue was moot, but any remaining claims sfor declaratory relief are denied. Plaintiffs' demand for injunctive relief is denied with respect to this and all other claims, case terminated. Entered Memorandum Opinion and Order. Mailed notice (air)

Jan. 13, 2005 RECAP
183

MEMORANDUM Opinion and Order Signed by Judge Harry D. Leinenweber on 3/25/2005. (mjc, )

March 25, 2005 RECAP

SCHEDULE set on 3/10/02 by Hon. Matthew F. Kennelly : Status hearing set to 9:00am. on 4/24/02 before Judge Kennelly in Chambers, Room 1778. Parties are to review and comply with the attached standing order. 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 has been or is being served on each defendant. Mailed notice (or) (Entered: 03/10/2002)

March 10, 2002

MOTION by defendant Timothy Budz to reassign based on relatedness (Attachments); Notice (Original in case file 99 cv 2861) (yap) (Entered: 03/13/2002)

March 12, 2002
227

MEMORANDUM Opinion and Order Signed by Judge Harry D. Leinenweber on 7/26/2005:Mailed notice(hp, )

July 26, 2005 RECAP

MOTION by defendant Timothy Budz to reassign based on relatedness (Attachments); Notice (Original in case file 99 cv 2861) (yap) (Entered: 03/19/2002)

March 12, 2002
3

MINUTE ORDER of 3/13/02 by Hon. Harry D. Leinenweber : Defendant's motion to reassign based on relatedness is granted [0−1]. Cause to be reassigned to the calendar of Judge Harry D. Leinenweber. Defendants' to answer or othewise plead by 4/29/02. Status hearing set for 4/16/02 at 9:00 a.m. No notice (yp) (Entered: 03/19/2002)

March 13, 2002
4

REASIGNMENT ORDER of 3/19/02 This case is reassigned to the Honorable Harry D. Leinenweber from Honorable Matthew F. Kennelly pursuant to Local Rule 40.4. , Case related 1:99−cv−2861 with member cases 1:02−cv−1456. (For further detail see order.) Mailed notice (yp) (Entered: 03/20/2002)

March 19, 2002
5

MOTION by plaintiff to maintain class action ; Memorandum in support; Notice. (yp) (Entered: 04/02/2002)

March 27, 2002
6

MINUTE ORDER of 3/29/02 by Hon. Harry D. Leinenweber : Answer brief to plaintiff's motion to maintain class action [5−1] due 5/13/02. Reply to answer brief due 5/23/02. Ruling on plaintiff's motion to maintain class action set for 6/12/02 at 9:00 a.m. Mailed notice (yp) (Entered: 04/02/2002)

March 29, 2002

SCHEDULE set on 4/16/02 by Hon. Harry D. Leinenweber : Status hearing reset to April 29, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 04/19/2002)

April 16, 2002

SCHEDULE set on 4/23/02 by Hon. Harry D. Leinenweber : Status hearing reset to April 30, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 04/23/2002)

April 23, 2002
7

AGREED MOTION by parties for an extension of time to file briefs concerning plaintiffs' motion for class certification ; Notice. (yp) (Entered: 05/20/2002)

May 6, 2002
9

MOTION by defendants to dismiss class action complaint , and motion to file oversized memorandum of law in support instanter (Attachments); Notice. (yp) (Entered: 05/22/2002)

May 14, 2002
8

MINUTE ORDER of 5/16/02 by Hon. Harry D. Leinenweber : The agreed motion for an extension of time to file briefs concerning plaintiffs' motion for class certification is granted [7−1]. Defendants to file their brief in response to plaintiffs' motion for class by 5/20/02. Plaintiffs' reply brief to be filed by 5/30/02 [5−1]. Ruling date for 6/12/02 is reset to 6/28/02 at 9:00 a.m. Mailed notice (yp) (Entered: 05/20/2002)

May 16, 2002
10

MINUTE ORDER of 5/21/02 by Hon. Harry D. Leinenweber : Defendants' motion to file oversized memorandum of law in support instanter is granted [9−2]. Plaintiffs' response to defendants' motion to dismiss class action complaint to be filed by 6/18/02 [9−1]. Defendant's reply brief due 7/9/02. Defedants' response to plaintiffs' motion for class is not due by 6/3/02 [5−1]. Plaintiffs' reply brief now due by 6/13/02. The court's oral ruling date of 6/28/02 is reset to 7/10/02 at 9:00 a.m. No notice (yp) (Entered: 05/22/2002)

May 21, 2002
11

MEMORANDUM OF LAW by defendant in support of motion to dismiss [9−1] (Attachment). (yp) (Entered: 05/22/2002)

May 21, 2002
12

RESPONSE by defendant to plaintiffs' motion for class certification (Attachments); Notice. (fce) (Entered: 06/04/2002)

June 3, 2002
14

MOTION by defendants for leave to cite to additional authority in support of motion to dismiss (Attachment); Notice. (yp) (Entered: 06/17/2002)

June 11, 2002
13

REPLY memorandum by plaintiff in support of motion to maintain class action [5−1]; Notice. (yp) (Entered: 06/13/2002)

June 12, 2002
15

MINUTE ORDER of 6/14/02 by Hon. Harry D. Leinenweber : Defendants' motion for leave to cite to additional authority in support of motion to dismiss is granted [14−1]. Palintiffs' response brief now due by 6/21/02. No notice (yp) (Entered: 06/17/2002)

June 14, 2002
16

MINUTE ORDER of 6/18/02 by Hon. Harry D. Leinenweber : The oral ruling date of 7/10/02 for Plainitff's motion for certification is stricken [5−1]. The court will rule by mail. Mailed notice (yp) Modified on 06/19/2002 (Entered: 06/19/2002)

June 18, 2002
17

MEMORANDUM by plaintiffs in opposition to defendants'motion to dismiss [9−1] (Attachment); Notice. (yp) (Entered: 06/27/2002)

June 25, 2002
19

MINUTE ORDER of 7/11/02 by Hon. Harry D. Leinenweber : Status hearing held and continued to 8/21/02 at 9:00 a.m. Reply brief to the motion to dismiss now due by 7/12/02. Ruling date stricken. The court will rule by mail. No notice (cem) (Entered: 07/12/2002)

July 11, 2002
20

REPLY by defendants in support of motion to dismiss [9−1]; Notice. (gcy) (Entered: 07/16/2002)

July 12, 2002
22

NOTICE by defendants of motion to certify class definition [0−1]. (yp) (Entered: 08/09/2002)

Aug. 1, 2002
23

MOTION by defendants to stay discovery ; Notice. (yp) (Entered: 08/09/2002)

Aug. 1, 2002
24

NOTICE by defendants of motion to certify class definition [0−1]. (yp) (Entered: 08/09/2002)

Aug. 2, 2002
26

MINUTE ORDER of 8/6/02 by Hon. Harry D. Leinenweber : Defendants' motion to certify class definition is granted [0−1]. The plaintiffs have agreed to delete the words "have been" from the current definition of the class contained on page four of this courts 6/28/02 memorandum opinion and order. Defendants' motion to stay discovery is withdrawn [23−1]. Mailed notice (yp) (Entered: 08/09/2002)

Aug. 6, 2002
27

MOTION by defendants Linda R Baker, Mary Bass, Timothy Budz, Raymond Woods for protective order governing plaintiffs' Rule 34 request (Attachments); Notice. (yp) (Entered: 08/23/2002)

Aug. 20, 2002
28

MINUTE ORDER of 8/21/02 by Hon. Harry D. Leinenweber : Defendants' motion for protective order governing plaintiffs' Rule 34 request is granted [27−1] in part and denied in part as stated on the record. Defendants' response to the motion to unconsolidate by 8/23/02. Status hearing held. (Entered Agreed Protective Order.) No notice (yp) (Entered: 08/23/2002)

Aug. 21, 2002
29

ATTORNEY APPEARANCE for plaintiffs by Michael Patrick Mullins, Everett J. Cygal; Notice. (yp) (Entered: 09/05/2002)

Sept. 3, 2002
30

ATTORNEY APPEARANCE for defendants Linda R Baker, Mary Bass, Timothy Budz, Raymond Woods by J William Roberts, Steven M. Puiszis, James Constantine Vlahakis, Andrew Michael Ramage. (yp) (Entered: 09/09/2002)

Sept. 6, 2002
31

ANSWER by Linda R Baker and affirmative defenses to class action complaint [1−1]; Notice. (yp) (Entered: 09/09/2002)

Sept. 6, 2002

SCHEDULE set on 1/6/03 by Hon. Harry D. Leinenweber : Status hearing set for January 16, 2003 at 9:00 a.m. Mailed notice (wp) (Entered: 01/06/2003)

Jan. 6, 2003
32

MOTION by plaintiffs to compel discovery , and to extend time for fact discovery until 6/30/03 (Attachments); Notice. (air) Modified on 05/22/2003 (Entered: 03/12/2003)

March 7, 2003
44

MINUTE ORDER of 3/11/03 by Hon. Harry D. Leinenweber : Plaintiff's motion to compel discovery is granted [32−1]. Plaintiff's limited to fifteen depositions. Plaintiff's motion to extend time to 06/30/03 for fact discovery is granted [32−2]. Mailed notice (gcy) (Entered: 06/18/2003)

March 11, 2003
33

MOTION by plaintiff for leave to file additional appearance Christopher T. Varas (rmm) (Entered: 04/04/2003)

March 18, 2003
38

NOTICE by plaintiffs of motion for leave to file additional appearance Christopher T. Varas [33−1] (Attachment) (rmm) (Entered: 04/04/2003)

March 18, 2003
34

MOTION by plaintiff to compel discovery (Attachments); Notice (rmm) (Entered: 04/04/2003)

April 1, 2003
35

MOTION by defendants Timothy Budz and Raymond Woods to substitute parties pursuant to Fed.R.Civ.P.25(D) ; Notice (rmm) (Entered: 04/04/2003)

April 1, 2003
36

MINUTE ORDER of 4/3/03 by Hon. Harry D. Leinenweber : Plaintiffs' motion for leave to file additional appearance Christopher T. Varas is granted [33−1i. Defendants' motion to substitute parties pursuant to Fed.R.Civ.P.25(D) is granted [35−1]. Defendants Linda Renee Baker, Mary Bass and Travis Hinze are dismissed as parties of interest and Dr. Carol Adams and Shan Jumper are substituted as defendants. Plaintiff's motion to compel discovery is denied [34−1]. No notice (rmm) (Entered: 04/04/2003)

April 3, 2003
37

ATTORNEY APPEARANCE for plaintiffs by Christopher T. Vargas (rmm) (Entered: 04/04/2003)

April 3, 2003
40

EMERGENCY MOTION by defendants' to compel pursuant to Fed.R.Civ.P.37 (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 5, 2003
39

RESPONSE by plaintiff to defendants' emergency motion to compel (Attachments); Notice (cdy) (Entered: 05/07/2003)

May 6, 2003
41

CORRECTED EMERGENCY MOTION by defendants' to compel pursuant to Fed.R.Civ.P37 (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 6, 2003
42

RESPONSE by plaintiffs' to defendants' emergency motion to compel [41−1] (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 6, 2003
45

MINUTE ORDER of 6/18/03 by Hon. Harry D. Leinenweber : The court's minute order dated 3/11/03 is corrected to read as follows: plaintiffs' motion to compel discovery is granted in part and denied in part, as indicated in open court. Plaintiffs' limited to 15 depositions. Plaintiffs' motion to extend time to 6/30/03 for fact discovery is granted. Mailed notice (hmb) (Entered: 06/19/2003)

June 18, 2003

SCHEDULE set on 6/18/03 by Hon. Harry D. Leinenweber : Status hearing set for July 16, 2003 at 9:00 a.m. No notice (wp) (Entered: 06/23/2003)

June 18, 2003
46

MOTION by Timothy Budz, Raymond Woods, Carol Adams, Shan Jumper to dismiss Jeffery Hargett as a class representative (Attachments); Notice (las) (Entered: 07/18/2003)

July 14, 2003

SCHEDULE set on 7/16/03 by Hon. Harry D. Leinenweber : Status hearing and continued to December 10, 2003 at 9:00 a.m. Plaintiff to complete expert reports by September 16, 2003. Defendants' response to reports due October 31, 2003. Plaintiff's rebuttal due December 1, 2003. No notice (wp) (Entered: 07/16/2003)

July 16, 2003
47

MINUTE ORDER of 7/17/03 by Hon. Harry D. Leinenweber : Status hearing reset for 9/23/03 at 9:00 a.m. Defendants' motion to dismiss Jeffery Hargett as a class representative is withdrawn without prejudice [46−1]. No notice (las) (Entered: 07/18/2003)

July 17, 2003
48

MOTION by Carol Adams, Timothy Budz, Raymond Wood, Shan Jumper for protective order (Attachments); Memorandum in support; Notice (ar) (Entered: 08/29/2003)

Aug. 22, 2003
49

AMENDM MOTION by Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper for protective order [48−1] (Attachments); Notice (ar) (Entered: 08/29/2003)

Aug. 25, 2003
50

CROSS−MOTION by plaintiffs for a declaration of rights regarding expert witness and for other relief ; Notice (ar) (Entered: 08/29/2003)

Aug. 26, 2003
51

MEMORANDUM of law by plaintiffs in support of their cross−motion for a declaration of rights regarding expert witness and for other relief (Attachment) [50−1] [50−2] (1 vol.) (ar) (Entered: 08/29/2003)

Aug. 26, 2003
52

MINUTE ORDER of 8/27/03 by Hon. Harry D. Leinenweber : Defendants' amended motion for protective order is granted [48−1] [49−1]. Plaintiffs' cross−motion for a declaration of rights regarding expert witness and for other relief is denied [50−1] [50−2]. No notice (ar) (Entered: 08/29/2003)

Aug. 27, 2003
53

ATTORNEY APPEARANCE for plaintiffs by Amy Michelle Rubenstein (ar) (Entered: 08/29/2003)

Aug. 28, 2003
55

MOTION by plaintiffs to reset schedule Memorandum in support; Notice (hp) (Entered: 09/16/2003)

Sept. 4, 2003
54

RESPONSE by defendants Carol Adams, Timothy Budz, Raymond Wood, and Shan Jumper to plaintiffs' motion to reset schedule (Attachments); Notice (ar) (Entered: 09/09/2003)

Sept. 8, 2003
56

MINUTE ORDER of 9/9/03 by Hon. Harry D. Leinenweber : Status hearing re−set for 11/13/03 at 9:00 a.m. Plaintiffs' motion to reset schedule is granted [55−1] in part and denied in part. Plaintiffs' report due by 10/09/03. All other reports due 11/12/03. No notice (hp) (Entered: 09/16/2003)

Sept. 9, 2003
58

MOTION by plaintiffs to compel the production of master files (Attachments); Notice (hp) Modified on 09/22/2003 (Entered: 09/19/2003)

Sept. 15, 2003
57

RESPONSE by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to plaintiffs' "motion to compel the Production of Master Files" (Attachments). (hp) (Entered: 09/19/2003)

Sept. 16, 2003
60

MINUTE ORDER of 9/17/03 by Hon. Harry D. Leinenweber : Under the conditions set forth in open court, plaintiffs' motion to compel the production of master files is granted [58−1] in part and denied in part. No notice (hp) (Entered: 09/22/2003)

Sept. 17, 2003
61

MOTION by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to reset date for defendants' expert disclosures ; Notice (hp) (Entered: 09/25/2003)

Sept. 23, 2003
62

JOINT MOTION by parties to reset schedule of Dr. Jeffrey Metzner and Mr. Steve Martin (hp) (Entered: 09/25/2003)

Sept. 23, 2003
63

MINUTE ORDER of 9/23/03 by Hon. Harry D. Leinenweber : The joint motion to reset schedule is granted. [62−1] Defendants motion to reset date for defendants' expert disclosures is granted. [61−1] Parties to submit order setting forth schedule. No notice (hp) (Entered: 09/25/2003)

Sept. 23, 2003
64

EMERGENCY MOTION by plaintiffs regarding their expert's right to interview staff (Attachments) (hp) (Entered: 10/03/2003)

Oct. 1, 2003
65

MINUTE ORDER of 10/2/03 by Hon. Harry D. Leinenweber : Plaintiffs' emergency motion regarding their expert's right to interview staff is granted in part and denied in part. [64−1] No notice (hp) (Entered: 10/03/2003)

Oct. 2, 2003
66

EMERGENCY MOTION by defendants for protective order related to plaintiffs' proposed dissemination of Dr. Berlin's Rule 26 report (Attachments); Notice (hp) (Entered: 10/31/2003)

Oct. 20, 2003
75

EMERGENCY MOTION by defendants for protective order related to plaintiffs' proposed dissimination of Dr. Berlin's Rule 26 Report. (RESTRICTED) (hp) (Entered: 01/02/2004)

Oct. 20, 2003
67

LETTER to Judge Leinenweber from defendants counsel James C. Vlahakis dated 10/21/03. (hp) (Entered: 10/31/2003)

Oct. 21, 2003
69

MINUTE ORDER of 10/21/03 by Hon. Harry D. Leinenweber : Filed defendant's motion for a protective order. [66−1] Evidentiary hearing on defendant's motion for protective order set for 11/17/03 at 10:00 a.m. No notice (hp) (Entered: 10/31/2003)

Oct. 21, 2003
68

LETTER to Judge Leineneber from defendants counsel James C. Vlahakis dated 10/22/03. (hp) (Entered: 10/31/2003)

Oct. 22, 2003
70

EMERGENCY MOTION by plaintiffs to remove the restraint on their counsels' speech and lift the protective order entered October 21, 2003 ; Memorandum in support; Notice (hp) (Entered: 11/03/2003)

Oct. 29, 2003
71

MINUTE ORDER of 10/30/03 by Hon. Harry D. Leinenweber : Plaintiffs' emergency motion to remove the restraint on their counsels' speech [70−1] and lift the protective order entered October 21, 2003 is granted. [70−2] Evidentiary hearing is stricken. [66−1] No notice (hp) (Entered: 11/03/2003)

Oct. 30, 2003

SCHEDULE set on 11/4/03 by Hon. Harry D. Leinenweber : Status hearing reset to November 20, 2003 at 9:00 a.m. Mailed notice (wp) (Entered: 11/04/2003)

Nov. 4, 2003

SCHEDULE set on 11/20/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to February 5, 2004 at 9:00 a.m. No notice (wp) (Entered: 11/25/2003)

Nov. 20, 2003
73

MOTION by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to reset expert discovery schedule ; Notice (hp) (Entered: 12/18/2003)

Dec. 12, 2003
72

RESPONSE by plaintiffs to defendants' second motion to reset the expert discovery schedule (Attachment) (hp) (Entered: 12/16/2003)

Dec. 15, 2003
74

MINUTE ORDER of 12/16/03 by Hon. Harry D. Leinenweber : Status hearing re−set for 06/01/04 at 9:00 a.m. Daubert briefs to be filed by 06/01/04. Under the conditions set forth in open court, defendant's motion to reset expert discovery schedule is granted. [73−1] No notice (hp) (Entered: 12/18/2003)

Dec. 16, 2003
77

MOTION by plaintiffs for protective order (Attachments) (eav) (Entered: 01/16/2004)

Jan. 12, 2004
76

RESPONSE by defendants Carol Adams, Raymond Woods, Shan Jumper to plaintiffs' "motion for protective order" [66−1]; (Attachment); Notice (hp) (Entered: 01/15/2004)

Jan. 14, 2004
78

MINUTE ORDER of 1/15/04 by Hon. Harry D. Leinenweber : (Entered Order Resetting Expert Discovery Disclosures. No notice (eav) (Entered: 01/16/2004)

Jan. 15, 2004
79

MINUTE ORDER of 1/15/04 by Hon. Harry D. Leinenweber : Plaintiffs' motion for protective order is denied. [77−1] No notice (eav) (Entered: 01/16/2004)

Jan. 15, 2004
80

MOTION by defendants Timothy Budz, Raymond Woods, Shan Jumper to consolidate and stay case No. 03 C 2009 in relation to Hargett v. Baker, 02 C 1456 and Tiney−Bey v. Peters, 99 C 2861 (Attachments); Notice (hp) (Entered: 02/03/2004)

Jan. 21, 2004
81

MINUTE ORDER of 1/28/04 by Hon. Harry D. Leinenweber : Defendants' motion to consolidate and stay case No. 03 C 2009 to 02 C 1456 Hargett vs. Baker is denied, but, granted as to 99 C 2861 Tiney−Bey vs. Peters. [80−1] No notice (hp) (Entered: 02/03/2004)

Jan. 28, 2004
82

UNOPPOSED MOTION by defendants Shan Jumper, Carol Adams, Raymond Woods and Timothy Budz to reset expert discovery schedule (Attachments); Notice. (jmm) (Entered: 02/13/2004)

Feb. 11, 2004
83

MINUTE ORDER of 2/12/04 by Hon. Harry D. Leinenweber: Defendant's unopposed motion to reset expert discovery schedule is granted [82−1]. No notice (jmm) (Entered: 02/13/2004)

Feb. 12, 2004
84

MOTION by defendants to extend disclosure of Dr. Janice Marques (Attachment); Notice (hp) (Entered: 04/05/2004)

March 29, 2004
85

MINUTE ORDER of 4/1/04 by Hon. Harry D. Leinenweber : Status hearing set for 04/08/04 at 9:00 a.m. Defendants' motion to extend disclosure of Dr. Janice Marques is granted. [84−1] Mailed notice (hp) (Entered: 04/05/2004)

April 1, 2004

SCHEDULE set on 4/8/04 by Hon. Harry D. Leinenweber : Status hearing held. Bench trial set for September 20, 2004 at 10:00 a.m. No notice (wp) (Entered: 04/13/2004)

April 8, 2004

MOTION by William Stevens in opposition to the defendant's motion to reassign, consolidate and stay case no, 04 C 0274 based upon relatedness to Tiney−Be v. Peters, 99 C 2861 and Hargett v. Adams, 02 C 1456 ; Notice (Original in 99 C 2861) (las) (Entered: 05/05/2004)

May 4, 2004
86

MOTION by plaintiff William Stevens in opposition to the defendant's motion to reassign, consolidate and stay case no. 04 C 0274 based upon relatedness to Tiney−Bey v. Peters, 99 C 2861 and Hargett v. Adams, 02 C 1456 ; Notice. (hp) (Entered: 05/06/2004)

May 4, 2004

MOTION by William Stevens in opposition to defendant's motion to dismiss pursuant to 12(b)(6) ; Notice (Original in 99 C 2861) (las) (Entered: 05/12/2004)

May 11, 2004

State / Territory: Illinois

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: Feb. 27, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals involuntarily detained by the Illinois Department of Human Services ("DHS") pursuant to the Sexually Violent Persons Commitment Act on behalf of themselves and all others similarly situated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Illinois Department of Human Services , State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Commitment procedure

Conditions of confinement

Counseling

Failure to train

Placement in mental health facilities

Rehabilitation

Sex offender regulation

Staff (number, training, qualifications, wages)

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run