Case: Williams v. Quinn

1:05-cv-04673 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 15, 2005

Case Ongoing

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Case Summary

On August 15, 2005, residents of an intermediate care facility (IMD) with mental illness filed a lawsuit under the Supreme Court's decision in Olmstead, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private counsel and legal services, asked the court for declaratory and injunctive relief, claiming that they were needlessly…

Plaintiffs had histories of mental illness and were residents of Monroe Pavilion Health and Treatment Center, an intermediate care facility (IMD). Plaintiffs argued that many IMD residents could be served in a more community-integrated setting, but that the state had insufficient policies and procedures in place to help residents transition out of an institutional setting. Further, Plaintiffs alleged that there were long waiting periods for admission to supporting housing programs, requiring many individuals to be inappropriately institutionalized or face homelessness.

On November 13, 2006, the Court (Judge William T. Hart) certified a class to consist of Illinois residents who: (1) have a mental illness; (2) are institutionalized in a privately-owned institution for mental diseases; and (3) may be able to live in an integrated community setting with appropriate supports and services. Williams v. Blagojevich, 2006 WL 3332844 (N.D. Ill. Nov. 13, 2006).

On January 2, 2008, the Court granted in part and denied in part Defendants' motion to quash and/or modify subpoenas. Williams v. Blagojevich, 2008 WL 68680 (N.D. Ill. Jan. 2, 2008).

The parties submitted a joint status report on February 18, 2010, stating that they had reached a settlement "in principle."

The Court preliminarily found that the modified proposed consent decree was within the appropriate range of fairness, adequacy, and reasonableness, on May 27, 2010.

On July 27, 2010, the Court issued an opinion and order. The Court held that class notice had contained misleading statements and that attorneys for objecting plaintiffs would not initiate contact with additional class members. Williams v. Quinn, 2010 WL 3021576 (N.D. Ill. Jul. 27, 2010).

The Court issued a consent decree on September 29, 2010. The purpose of the consent decree was to assure that Defendants provide Plaintiffs with the opportunity to receive services in the most integrated setting appropriate. Among other requirements, the decree called for Defendants to: implement measures to provide community-based services; provide independent, professionally appropriate evaluations for each class member in order to determine appropriate community-based services; develop services plans based on the results of those evaluations; ensure that class members receive complete and accurate information regarding their rights; and, create an implementation plan to accomplish the obligations in the decree. The decree also provided that Defendants would pay $1,990,000 to class counsel in fees and any additional costs and expenses. (The parties subsequently agreed to $401,828.58 for additional costs and expenses.)

On the same day, the Court issued an order granting final approval of the settlement agreement and retaining jurisdiction to enforce the terms of the consent decree. Williams v. Quinn, 2010 WL 3894350 (N.D. Ill. Sept. 29, 2010).

After the parties submitted their own recommendations regarding a monitor, the Court issued an agreed order appointing Dennis Jones to serve as monitor on November 1, 2010. In June 2011, the parties submitted a plan to implement the consent decree, which the court approved on July 29.

Implementation of the consent decree continued with occasional amendments of the decree and implementation plan. In September, 2017, the case was reassigned to Judge Joan H. Lefkow, with Gail Hutchins appointed as the new court monitor. The process of compliance continued, and the court periodically issued orders granting additional attorneys' fees and costs.

On November 17, 2020, the court noted that defendants had failed to work with the class counsel and monitor to establish next steps for implementing the consent decree, and directed the court monitor to review the defendant’s action plan and the class counsel’s proposal, and meet with parties’ representatives as necessary, to prepare a “revised, realistic (in light of pandemic conditions) proposed Amended Action Plan.” After several more status hearings, on April 6, 2021, the court approved an agreed order submitted by the court monitor, which would stay in place for 6 months. On August 18, 2021, parties submitted a final implementation plan for the following fiscal year.

In January 2022, the court monitor submitted their compliance assessment annual report for the previous year. On May 31, 2022, the court appointed Kathryn Dupree as the new monitor. On May 7, 2024, Judge Lefkow recused herself because a family member had started working for the Illinois Department of Health and Family Services. The case was reassigned to Judge Lindsay C. Jenkins.

As of April 2025, parties have continued monitoring implementation of the consent decree, with the last docketed item being the court monitor’s 2024 fiscal year compliance report. This case is ongoing.

	Document
1:05-cv-04673	Docket	Jan. 28, 2011	Jan. 28, 2011 Docket
1 1:05-cv-04673	Complaint for Relief Williams v. Blagojevich	Aug. 15, 2005	Aug. 15, 2005 Complaint
42 1:05-cv-04673	MOTION FOR CERTIFICATION OF CLASS Williams v. Blagojevich	April 26, 2006	April 26, 2006 Pleading / Motion / Brief
40 1:05-cv-04673	First Amended Complaint for Relief Williams v. Blagojevich	April 26, 2006	April 26, 2006 Complaint
48 1:05-cv-04673	DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT Williams v. Blagojevich	June 7, 2006	June 7, 2006 Pleading / Motion / Brief
61 1:05-cv-04673	MEMORANDUM IN SUPPORT OF DEFENDANT’S RESPONSE TO MOTION FOR CERTIFICATION OF CLASS Williams v. Blagojevich	July 28, 2006	July 28, 2006 Pleading / Motion / Brief
59 1:05-cv-04673	DEFENDANT’S RESPONSE TO MOTION FOR CERTIFICATION OF CLASS Williams v. Blagojevich	July 28, 2006	July 28, 2006 Pleading / Motion / Brief
67 1:05-cv-04673	PLAINTIFFS’ REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR CERTIFICATION OF CLASS Williams v. Blagojevich	Aug. 18, 2006	Aug. 18, 2006 Pleading / Motion / Brief
70 1:05-cv-04673	Memorandum and Order Williams v. Blagojevich	Nov. 13, 2006	Nov. 13, 2006 Order/Opinion 2006 WL 3332844
86 1:05-cv-04673	Order Williams v. Blagojevich	April 5, 2007	April 5, 2007 Order/Opinion

Title	Description		External URL Date / External URL
Williams v. Quinn The Bazelon Center	Williams v. Quinn challenges Illinois’ segregation of individuals with mental illnesses in intermediate care nursing facilities. More than 4,000 people are housed in such facilities in Illinois, comm…	2017	Jan. 1, 2017 http://www.bazelon.org/...
William G. v. Pataki The Bazelon Center	William G. v. Pataki was filed on behalf of parolees with serious mental illnesses and substance abuse problems who are languishing in jail, waiting for state-funded treatment services to become avai…	2017	Jan. 1, 2017 http://www.bazelon.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Ethel Williams, Jan Wrightsell; Jury Demand.(lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005 Clearinghouse
2	CIVIL Cover Sheet. (lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005
3	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by Joseph Michael Russell. (lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005
4	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by Benjamin S. Wolf. (lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005
5	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by Amy F. Peterson. (lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005
7	SUMMONS Issued as to Defendants Rod Blagojevich, Carol L Adams, Lorrie Stone, Eric E Whitaker, Barry S Maram. (lcw, ) (Entered: 08/17/2005)	Aug. 15, 2005	Aug. 15, 2005
8	ATTORNEY Appearance for Defendant Barry S Maram by Christopher Samuel Gange (Gange, Christopher) (Entered: 08/26/2005)	Aug. 26, 2005	Aug. 26, 2005
9	ATTORNEY Appearance for Defendant Barry S Maram by Karen Elaine Konieczny (Konieczny, Karen) (Entered: 08/26/2005)	Aug. 26, 2005	Aug. 26, 2005
10	ATTORNEY Appearance for Defendants Rod Blagojevich, Carol L Adams, Lorrie Stone, Eric E Whitaker by Brent Douglas Stratton, Vihar R Patel, Peter Chadwell Koch, Thomas A. Ioppolo. (lcw, ) (Entered: 09/27/2005)	Sept. 22, 2005	Sept. 22, 2005
11	MOTION by Defendants Carol L Adams, Lorrie Stone, Eric E Whitaker, Barry S Maram for extension of time to Answer or Otherwise Plead (Ioppolo, Thomas) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
12	NOTICE of Motion by Thomas A. Ioppolo for presentment of motion for extension of time 11 before Honorable William T. Hart on 10/19/2005 at 09:30 AM. (Ioppolo, Thomas) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
13	Amended NOTICE of Motion by Thomas A. Ioppolo for presentment of motion for extension of time 11 before Honorable William T. Hart on 10/19/2005 at 11:00 AM. (Ioppolo, Thomas) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
14	MOTION by Defendant Rod Blagojevich for leave to file am additional appearance (gma, ) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
15	NOTICE of Motion by Rod Blagojevich for presentment of MOTION by Defendant Rod Blagojevich for leave to file am additional appearance 14 before Honorable William T. Hart on 10/19/2005 at 11:00 AM. (gma, ) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
16	MOTION by Defendant Rod Blagojevich for extension of time to respond to complaint for relief(gma, ) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
17	NOTICE of Motion by Rod Blagojevich for presentment of MOTION by Defendant Rod Blagojevich for extension of time to respond to complaint for relief 16 before Honorable William T. Hart on 10/19/2005 at 11:00 AM. (gma, ) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005
18	MINUTE entry before Judge William T. Hart : Motion of Kerry R. Peck for leave to file an appearance as additional counsel for defendant Blagojevich is granted. Defendant Blagojevich's motion for extension of time to respond to complaint is granted. Defendants Adams, Stone, Whitaker and Maram's motion for extension of time to answer or otherwise plead is granted. All defendants are given to 11/14/05 to answer or otherwise plead. Status hearing set for 11/16/05 at 11:00 a.m. Mailed notice (cdy, ) (Entered: 10/21/2005)	Oct. 19, 2005	Oct. 19, 2005
19	ATTORNEY Appearance for Defendant Rod Blagojevich by Raymond Joseph Koenig, III, Kerry R. Peck; Notice of Filing. (cem, ) Modified on 10/24/2005 (cem, ). (Entered: 10/24/2005)	Oct. 19, 2005	Oct. 19, 2005
20	MOTION by Defendants Carol L Adams, Lorrie Stone, Eric E Whitaker, Barry S Maram for extension of time to Answer or Otherwise Plead (Ioppolo, Thomas) (Entered: 11/10/2005)	Nov. 10, 2005	Nov. 10, 2005
21	NOTICE of Motion by Thomas A. Ioppolo for presentment of motion for extension of time 20 before Honorable William T. Hart on 11/16/2005 at 11:00 AM. (Ioppolo, Thomas) (Entered: 11/10/2005)	Nov. 10, 2005	Nov. 10, 2005
24	SECOND MOTION by defendant Rod Blagojevich for extension of time to respond to complaint for relief; Notice. (cdy, ) (Entered: 11/15/2005)	Nov. 10, 2005	Nov. 10, 2005
22	RESPONSE in Opposition to Defendants' Motion for Extension of Time (Russell, Joseph) (Entered: 11/14/2005)	Nov. 14, 2005	Nov. 14, 2005
23	CERTIFICATE of Service by Plaintiffs Ethel Williams, Jan Wrightsell regarding response in opposition to motion 22 (Russell, Joseph) (Entered: 11/15/2005)	Nov. 15, 2005	Nov. 15, 2005
25	MINUTE entry before Judge William T. Hart : Motion for extension of time 20 is granted. Motion for extension of time 24 is granted. All defendants are given to 12/7/2005 to answer or otherwise plead. Status hearing reset for 12/14/2005 at 11:00 AM. Mailed notice (clw, ) (Entered: 11/17/2005)	Nov. 16, 2005	Nov. 16, 2005
26	Defendants' ANSWER to Complaint by Carol L Adams, Lorrie Stone, Eric E Whitaker, Barry S Maram(Ioppolo, Thomas) (Entered: 12/07/2005)	Dec. 7, 2005	Dec. 7, 2005
27	NOTICE by Carol L Adams, Lorrie Stone, Eric E Whitaker, Barry S Maram re answer to complaint 26 (Ioppolo, Thomas) (Entered: 12/07/2005)	Dec. 7, 2005	Dec. 7, 2005
28	ANSWER to plaintiffs' complaint by Rod Blagojevich; Notice.(cdy, ) . (Entered: 12/12/2005)	Dec. 7, 2005	Dec. 7, 2005
29	MINUTE entry before Judge William T. Hart : Status hearing held on 12/14/2005. Status hearing set for 1/18/2006 at 11:00 AM. (clw, ) (Entered: 12/14/2005)	Dec. 14, 2005	Dec. 14, 2005
30	MINUTE entry before Judge William T. Hart : Status hearing held on 1/18/2006. Status hearing set for 3/29/2006 at 11:00 AM. (clw, ) (Entered: 01/18/2006)	Jan. 18, 2006	Jan. 18, 2006
31	MINUTE entry before Judge William T. Hart : Enter agreed protective order. Mailed notice (mjc, ) (Entered: 02/01/2006)	Jan. 30, 2006	Jan. 30, 2006
32	AGREED PROTECTIVE Order Signed by Judge William T. Hart on 1/30/2006.(mjc, ) (Entered: 02/01/2006)	Jan. 30, 2006	Jan. 30, 2006
33	MINUTE entry before Judge William T. Hart : Status hearing reset for 4/12/2006 at 11:00 AM. (clw, ) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006
34	MINUTE entry before Judge William T. Hart : Status hearing held on 4/12/2006. Plaintiffs will notice up for 4/26/2006 a motion for leave to file an amended complaint. Motion for class certification is to be filed by 4/26/2006; answer due 5/24/2006; reply due 6/14/2006. Status hearing set for 4/26/2006 at 11:00 AM. (clw, ) (Entered: 04/12/2006)	April 12, 2006	April 12, 2006
35	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by John Warren Whitcomb (Whitcomb, John) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006
36	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by Laura J. Miller (Miller, Laura) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006
37	MOTION by Plaintiffs Ethel Williams, Jan Wrightsell for leave to file Amended Complaint (Russell, Joseph) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006
38	ATTORNEY Appearance for Plaintiffs Ethel Williams, Jan Wrightsell by Max P Lapertosa (Lapertosa, Max) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
39	NOTICE of Motion by Joseph Michael Russell for presentment of motion for leave to file 37 before Honorable William T. Hart on 4/26/2006 at 11:00 AM. (Russell, Joseph) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
40	FIRST AMENDED complaint by Ethel Williams, Jan Wrightsell against all defendants (Russell, Joseph) (Entered: 04/26/2006)	April 26, 2006	April 26, 2006 Clearinghouse
41	NOTICE by all plaintiffs of Motion for Certification of Class and Memorandum of Law (Attachments: # 1 Motion for Certification of Class and Memorandum of Law)(Russell, Joseph) (Entered: 04/26/2006)	April 26, 2006	April 26, 2006

Case: Williams v. Quinn

1:05-cv-04673 | U.S. District Court for the Northern District of Illinois

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