Case: Harper v. Sheriff of Cook County

1:07-cv-02393 | U.S. District Court for the Northern District of Illinois

Filed Date: May 1, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On May 1, 2007, detainees confined in the Cook County Jail filed a class-action lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. § 1983 against Cook County and the Cook County Sheriff. The plaintiffs, represented by private counsel, asked the court for damages, claiming that they were unconstitutionally held after posting bond violating the Fourth and Fourteenth Amendments. The plaintiffs specifically alleged that they had posted bond, but still went thro…

On May 1, 2007, detainees confined in the Cook County Jail filed a class-action lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. § 1983 against Cook County and the Cook County Sheriff. The plaintiffs, represented by private counsel, asked the court for damages, claiming that they were unconstitutionally held after posting bond violating the Fourth and Fourteenth Amendments. The plaintiffs specifically alleged that they had posted bond, but still went through the intake process at the Cook County Jail, which involved assigning an identification number, taking a picture and fingerprints, collecting personal property, undergoing a medical and psychiatric evaluation, and a strip search.

On May 29, 2008, the Court (Judge John W. Darrah) granted class action certification. 2008 WL 4686148 (N.D. Ill. May 29, 2008). The Defendants appealed this decision, and on September 8, 2009, Judge William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit reversed class certification and remanded the case. Judge Bauer held that whether the length of delay for release was reasonable would be an individualized issue. Harper v. Sheriff of Cook Cnty., 581 F.3d 511 (7th Cir. 2009)

The parties settled the case for undisclosed terms, and on August 10, 2010, Judge Darrah dismissed the case with prejudice.

Summary Authors

Jessica Kincaid (4/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251743/parties/harper-v-sheriff-of-cook-county/


Judge(s)

Bauer, William Joseph (Illinois)

Darrah, John W. (Illinois)

Sykes, Diane S. (Wisconsin)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Hannon, Maureen O'Donoghue (Illinois)

Heil, John Paul Jr. (Illinois)

Shippee, Richard Seth (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Darrah, John W. (Illinois)

Sykes, Diane S. (Wisconsin)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Hannon, Maureen O'Donoghue (Illinois)

Heil, John Paul Jr. (Illinois)

Shippee, Richard Seth (Illinois)

Documents in the Clearinghouse

Document

CIVIL DOCKET FOR CASE #: 1:07−cv−02393

Harper v. Sheriff of Cook Country

Aug. 10, 2012 Docket
1

Complaint

Harper v. Sheriff of Cook Country

May 1, 2007 Complaint
43

Memorandum Opinion and Order [Granting Motion to Certify Case as a Class Action]

Harper v. Sheriff of Cook Country

2008 WL 4686148

May 29, 2008 Order/Opinion
65

USCA Opinion [Vacating District Court's Class Certification and Remanding Case]

Harper v. Sheriff of Cook Country

U. S. Court of Appeals for the Seventh Circuit

581 F.3d 511

Sept. 8, 2009 Order/Opinion
72

Stipulation of Dismissal

Harper v. Sheriff of Cook Country

Aug. 9, 2010 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251743/harper-v-sheriff-of-cook-county/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed by Robert Harper; Jury Demand.(td, ) (Entered: 05/02/2007)

May 1, 2007 RECAP
2

CIVIL Cover Sheet. (td, ) (Entered: 05/02/2007)

May 1, 2007 PACER
3

ATTORNEY Appearance for Plaintiff Robert Harper by Kenneth N Flaxman. (td, ) (Entered: 05/02/2007)

May 1, 2007 PACER
5

ATTORNEY Appearance for Plaintiff Robert Harper by Thomas Gerard Morrissey (Morrissey, Thomas) (Entered: 05/07/2007)

May 7, 2007 PACER
6

MINUTE entry before Judge John W. Darrah : A status hearing is scheduled for June 28, 2007, at 9:00 a.m. Mailed notice (td, ) (Entered: 05/15/2007)

May 14, 2007 PACER
7

SUMMONS Issued as to Defendants Sheriff of Cook County, Cook County, Illinois. (td, ) (Entered: 06/25/2007)

June 22, 2007 PACER
8

MINUTE entry before Judge John W. Darrah : The status hearing set for 6/28/2007 at 9:00 a.m. is vacated and reset to 8/22/2007 at 9:00 a.m. Mailed notice (td, ) (Entered: 06/28/2007)

June 27, 2007 PACER
9

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Maureen O'Donoghue Hannon (Hannon, Maureen) (Entered: 07/06/2007)

July 6, 2007 PACER
10

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by John Paul Heil, Jr (Heil, John) (Entered: 07/06/2007)

July 6, 2007 PACER
11

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file answer, move, or otherwise plead (Heil, John) (Entered: 07/06/2007)

July 6, 2007 PACER
12

NOTICE of Motion by John Paul Heil, Jr for presentment of motion for extension of time to file answer 11 before Honorable John W. Darrah on 8/14/2007 at 09:00 AM. (Heil, John) (Entered: 07/06/2007)

July 6, 2007 PACER
13

MINUTE entry before Judge John W. Darrah : Defendants' Agreed Motion for Enlargement of Time to Answer or Otherwise Plead 11 is granted. Responsive pleadings are to be filed on or before August 9, 2007. Mailed notice (td, ) (Entered: 07/11/2007)

July 11, 2007 PACER
14

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois to dismiss complaint (Hannon, Maureen) (Entered: 08/09/2007)

Aug. 9, 2007 RECAP
15

NOTICE of Motion by Maureen O'Donoghue Hannon for presentment of motion to dismiss 14 before Honorable John W. Darrah on 8/15/2007 at 09:00 AM. (Hannon, Maureen) (Entered: 08/09/2007)

Aug. 9, 2007 PACER
16

MEMORANDUM by Sheriff of Cook County, Cook County, Illinois in support of motion to dismiss 14 complaint (Attachments: # 1 Exhibit Exhibit A Complaint# 2 Exhibit B Jackson 1# 3 Exhibit C Jackson 2# 4 Exhibit D Young)(Hannon, Maureen) (Entered: 08/09/2007)

1

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2 Exhibit Exhibit A Complaint

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3 Exhibit B Jackson 1

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4 Exhibit C Jackson 2

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5 Exhibit D Young

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Aug. 9, 2007 RECAP
17

MINUTE entry before Judge John W. Darrah : Defendants' motion to dismiss 14 is entered and briefed as follows: response by 8/22/07, reply by 8/29/07. Status hearing set for 9/19/07 at 9:00 a.m. (td, ) (Entered: 08/16/2007)

Aug. 15, 2007 PACER
18

MEMORANDUM by Robert Harper in Opposition to motion to dismiss 14 (Flaxman, Kenneth) (Entered: 08/22/2007)

Aug. 22, 2007 RECAP
19

REPLY by Defendants Sheriff of Cook County, Cook County, Illinois to Plainitff's response to Motion To Dismiss (Hannon, Maureen) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
20

NOTICE by Sheriff of Cook County, Cook County, Illinois of filinig Reply (Hannon, Maureen) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
21

MINUTE entry before Judge John W. Darrah : Status hearing held and continued to 10/25/07 at 9:00 a.m. Defendant to file an answer to the complaint by 10/19/07. Rule 26(a)(1) disclosures to be exchanged by 10/10/07. (td, ) (Entered: 09/20/2007)

Sept. 19, 2007 PACER
22

MINUTE entry before Judge John W. Darrah : Defendant's motion to dismiss is denied. 14 Mailed notice (td, ) (Entered: 09/21/2007)

Sept. 19, 2007 RECAP
23

ANSWER to Complaint with Jury Demand by Sheriff of Cook County, Cook County, Illinois(Hannon, Maureen) (Entered: 10/19/2007)

Oct. 19, 2007 RECAP
24

NOTICE by Sheriff of Cook County, Cook County, Illinois Notice of Filing of Answer (Hannon, Maureen) (Entered: 10/19/2007)

Oct. 19, 2007 PACER
25

MINUTE entry before Judge John W. Darrah :Status hearing held and continued to 1/16/08 at 9:00 a.m. Mailed notice(maf, ) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
26

MINUTE entry before Judge John W. Darrah : Status hearing held. Plaintiff to answer interrogatories by 1/23/08. Rule 26(a)(1) disclosures to be exchanged by 1/30/08. Plaintiff to be deposed by 2/22/08. Plaintiff's motion for class certification to be filed by 2/8/08, response by 3/28/08, reply by 4/11/08. Status hearing set for 5/14/08 at 9:00 a.m. (td, ) (Entered: 01/17/2008)

Jan. 16, 2008 PACER
27

MOTION by Plaintiff Robert Harper to certify class (Flaxman, Kenneth) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
28

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time TO Respond To Class Certification (Hannon, Maureen) (Entered: 03/10/2008)

March 10, 2008 PACER
29

NOTICE of Motion by Maureen O'Donoghue Hannon for presentment of extension of time 28 before Honorable John W. Darrah on 3/19/2008 at 09:00 AM. (Hannon, Maureen) (Entered: 03/10/2008)

March 10, 2008 PACER
30

MINUTE entry before Judge John W. Darrah : Defendants' Motion for Enlargement of Time to Respond 28, 29 is granted. Defendants' response brief is to be filed on or before April 4, 2008. Plaintiff's reply brief is to be filed on or before April 25, 2008. The status hearing scheduled for May 14, 2008, is stricken and reset to May 29, 2008, at 9:00 a.m. Mailed notice (td, ) (Entered: 03/11/2008)

March 11, 2008 PACER
31

MINUTE entry before Judge John W. Darrah :The Court's 3/11/08 minute order is amended as follows: Defendants' response brief to be filed by 4/11/08. Mailed notice(maf, ) (Entered: 03/11/2008)

March 11, 2008 PACER
32

RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois to motion to certify class 27 (Attachments: # 1 Exhibit A,B,C, # 2 Exhibit D part 1, # 3 Exhibit D part 2, # 4 Exhibit E,F,G,H, # 5 Exhibit I,J)(Hannon, Maureen) (Entered: 04/11/2008)

1 Exhibit A,B,C

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2 Exhibit A,B,C

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3 Exhibit D part 1

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4 Exhibit D part 2

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5 Exhibit E,F,G,H

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6 Exhibit I,J

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April 11, 2008 RECAP
33

NOTICE by Sheriff of Cook County, Cook County, Illinois re Response 32 To Motion For Class Certification (Hannon, Maureen) (Entered: 04/11/2008)

April 11, 2008 PACER
34

REPLY by Robert Harper to Response 32 in support of class certification (Flaxman, Kenneth) (Entered: 04/25/2008)

April 25, 2008 RECAP
35

SUR-REPLY by Defendants Sheriff of Cook County, Cook County, Illinois Motion For Leave to Take Depositions and File a SurReply (Attachments: # 1 Exhibit Attachment 1)(Hannon, Maureen) (Entered: 05/06/2008)

2 Exhibit Attachment 1

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May 6, 2008 PACER
36

Of Motion To take additiona depositions and file a surreply NOTICE of Motion by Maureen O'Donoghue Hannon for presentment of before Honorable John W. Darrah on 5/13/2008 at 09:00 AM. (Hannon, Maureen) (Entered: 05/06/2008)

May 6, 2008 PACER
37

MOTION by Defendants Sheriff of Cook County, Cook County, IllinoisLeave to Take Depositions and File A Surreply, MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for leave to file (Attachments: # 1 Exhibit Attachment 1)(Hannon, Maureen) (Entered: 05/07/2008)

2 Exhibit Attachment 1

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May 7, 2008 PACER
38

NOTICE of Motion by Maureen O'Donoghue Hannon for presentment of motion for miscellaneous relief,, motion for leave to file, 37 before Honorable John W. Darrah on 5/13/2008 at 09:00 AM. (Hannon, Maureen) (Entered: 05/07/2008)

May 7, 2008 PACER
39

MEMORANDUM by Robert Harper in Opposition to motion for miscellaneous relief,, motion for leave to file, 37 (Flaxman, Kenneth) (Entered: 05/08/2008)

May 8, 2008 PACER
40

MEMORANDUM by Robert Harper in Opposition to motion for miscellaneous relief,, motion for leave to file, 37 [corrected] (Flaxman, Kenneth) (Entered: 05/08/2008)

May 8, 2008 PACER
41

MINUTE entry before Honorable John W. Darrah: Defendants Motion for Leave to Take Additional Depositions and File Surreply to Plaintiffs Motion for Class Certification 37, 38 is denied. Mailed notice (kjc, ) (Entered: 05/13/2008)

May 12, 2008 PACER
42

MINUTE entry before the Honorable John W. Darrah: For the reasons stated in the attached memorandum opinion and order, plaintiff's motion to certify case as a class action is granted 27 . Enter Memorandum Opinion and Order. Status hearing set for 6/26/2008 stated in open Court is vacated and re-set to 6/18/2008 at 09:00 AM. Mailed notice (gmr, ) (Entered: 06/02/2008)

May 29, 2008 RECAP
43

MEMORANDUM Opinion and Order Signed by the Honorable John W. Darrah on 5/29/2008. (gmr, ) (Entered: 06/02/2008)

May 29, 2008 RECAP
44

MINUTE entry before the Honorable John W. Darrah: Status hearing set for 6/18/08 is re-set to 6/26/08 at 9:00 a.m. Mailed notice(maf, ) (Entered: 06/10/2008)

June 10, 2008 PACER
45

MINUTE entry before the Honorable John W. Darrah:Status hearing set for 6/26/08 is re-set to 9/2/08 at 9:00 a.m. Mailed notice (maf) (Entered: 06/26/2008)

June 26, 2008 PACER
46

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Richard Seth Shippee (Shippee, Richard) (Entered: 07/17/2008)

July 17, 2008 PACER
47

MINUTE entry before the Honorable John W. Darrah: Status hearing set for 9/2/08 is re-set to 10/2/08 at 9:00 a.m. Mailed notice(maf, ) (Entered: 08/29/2008)

Aug. 29, 2008 PACER
48

USCA Order dated 9/5/2008 re USCA Appeal No. 08-8017; 1. Defendants' Petition for Permission to Appeal Pursuant to Federal Rule of Civil Prodcedure 23(f), filed on June 12, 2008, by counsel for the petitioner; 2. Plaintiff's Response to Petition for Permission to Appeal, filed on June 30, 2008, by counsel for the respondent; It Is Ordered that #1 is Granted. (gmr, ) (Entered: 09/09/2008)

Sept. 5, 2008 RECAP
50

PURSUANT USCA order dated 9/5/08, Defendants' petition for permission to appeal dated 6/12/08 is to be the NOTICE of appeal by Sheriff of Cook County, Cook County, Illinois regarding orders 42, 43 Filing fee $ 455.00. Receipt #4624008680. (dj, ) (Entered: 09/22/2008)

Sept. 5, 2008 PACER
51

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 09/22/2008)

Sept. 22, 2008 PACER
52

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 50 . Notified counsel (dj, ) (Entered: 09/22/2008)

Sept. 22, 2008 PACER
53

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal, 50 ; USCA Case No. 08-3413. (gmr, ) (Entered: 09/25/2008)

Sept. 22, 2008 RECAP
54

MINUTE entry before the Honorable John W. Darrah: Status hearing set for 10/2/08 is re-set to 10/23/08 at 9:00 a.m. Mailed notice(maf, ) (Entered: 09/29/2008)

Sept. 29, 2008 PACER
55

Rule 10 designation of Record on Appeal by Sheriff of Cook County, Cook County, Illinois (Hannon, Maureen) (Entered: 10/07/2008)

Oct. 7, 2008 PACER
56

DESIGNATION by Robert Harper of record on appeal : USCA Case No. 08-3413 (Flaxman, Kenneth) (Entered: 10/07/2008)

Oct. 7, 2008 PACER
57

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 50 (USCA no. 08-3413) consisting of 1 volume of pleadings. (dj, ) (Entered: 10/23/2008)

Oct. 23, 2008 PACER
58

USCA RECEIVED on 10/23/08 the long record regarding notice of appeal, 50 (dj, ) (Entered: 10/24/2008)

Oct. 23, 2008 PACER
59

MINUTE entry before the Honorable John W. Darrah: Status hearing held and continued to 4/23/09 at 9:00 a.m. This case is hereby stayed. (gmr, ) (Entered: 10/24/2008)

Oct. 23, 2008 PACER
60

MINUTE entry before the Honorable John W. Darrah: Status hearing held and continued 10/21/09 at 9:00 a.m. Mailed notice (maf) (Entered: 04/23/2009)

April 23, 2009 PACER
61

MINUTE entry before the Honorable John W. Darrah: Status hearing held and continued to 12/8/09 at 9:00 a.m. Mailed notice(maf) (Entered: 10/21/2009)

Oct. 21, 2009 PACER
62

ORDER dated 11/3/2009 from the 7th Circuit regarding notice of appeal, 50 ; Appellate case no.: 08-3413: On consideration of plaintiff-appellee's petition for rehearing and suggestion for rehearing en banc filed on September 21, 2009, in connection with the above-referenced case, no judge in active service has requested a vote on the petition for rehearing en banc and all of the judges on the original panel have voted to deny rehearing. It is, therefore, ordered that the petition for rehearing and suggestion for rehearing en banc is denied. (jj, ) (Entered: 11/13/2009)

Nov. 12, 2009 PACER
63

LETTER from the USCA retaining the record on appeal in USCA no. 08-3413; Record to be returned later consisting of one volume of pleadings. (gmr, ) (Entered: 11/16/2009)

Nov. 13, 2009 PACER
64

MANDATE of USCA dated 9/8/2009 regarding notice of appeal, 50 ; USCA No. 08-3413; The district court's certification of Harper's class is Vacated and the case is Remanded for resolution of Harper's individual claims. The above is in accordance with the decision of this court entered on this date. Each side should bear its own costs. (gmr, ) (Entered: 11/16/2009)

Nov. 13, 2009 PACER
65

OPINION from the USCA for the Seventh Circuit; Argued 4/6/2009; Decided 9/8/2009 in USCA case no. 08-3413. (gmr, ) (Entered: 11/16/2009)

Nov. 13, 2009 PACER
66

CERTIFIED copy of order dated 11/3/2009 from the Seventh Circuit regarding notice of appeal, 50 ; Appellate case no. : 08-3413; On consideration of plaintiff-appellee's petition for rehearing and suggestion for rehearing en banc filed on September 21, 2009, in connection with the above-referenced case, no judge in active service has requested a vote on the petition for rehearing en banc and all of the judges on the original panel have voted to deny rehearing. It is, therefore, Ordered that the petition for rehearing and suggestion for rehearing en banc is Denied. (gmr, ) (Entered: 11/16/2009)

Nov. 13, 2009 PACER
67

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 08-3413 consisting of one volume of pleadings. (gmr, ) (Entered: 11/24/2009)

Nov. 19, 2009 PACER
68

MINUTE entry before the Honorable John W. Darrah: Status hearing held and continued to 4/28/10 at 9:00 a.m. Mailed notice(maf ) (Entered: 12/08/2009)

Dec. 8, 2009 PACER
69

MINUTE entry before Honorable John W. Darrah: Status hearing set for 4/28/10 at 9:00 a.m. is re-set to 4/28/10 at 9:30 a.m. Mailed notice(maf) (Entered: 04/08/2010)

April 8, 2010 PACER
70

MINUTE entry before Honorable John W. Darrah:Status hearing held and continued to 5/20/10 at 9:30 a.m. Mailed notice(maf) (Entered: 04/28/2010)

April 28, 2010 PACER
71

MINUTE entry before Honorable John W. Darrah:Status hearing held. Discovery ordered closed on 8/18/10. Pretrial conference set for 2/2/11 at 1:30 p.m. Jury trial set for 2/7/11 at 9:00 a.m. Mailed notice(maf) (Entered: 05/20/2010)

May 20, 2010 PACER
72

STIPULATION of Dismissal [with prejudice and without costs] (Flaxman, Kenneth) (Entered: 08/09/2010)

Aug. 9, 2010 PACER
73

MINUTE entry before Honorable John W. Darrah: Parties having filed a stipulation of dismissal, this case is dismissed with prejudice and without costs. Civil case terminated. Pretrial conference set for 2/2/11 and jury trial set for 2/7/11 is vacated.Mailed notice(maf) (Entered: 08/10/2010)

Aug. 10, 2010 PACER

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 1, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees confined in the Cook County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Cook County Sheriff, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Over/Unlawful Detention

Sanitation / living conditions

Strip search policy

Type of Facility:

Government-run