Case: Phipps v. Sheriff of Cook County

1:07-cv-03889 | U.S. District Court for the Northern District of Illinois

Filed Date: July 11, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 11, 2007, paraplegic residents of Illinois who use wheelchairs for mobility, filed a civil action arising under Section 202 of the Americans with Disabilities Act, 42 U.S.C. §12132, Section 504 of the Rehabilitation Act, 29 U.S.C. §794(a) and 42 U.S.C. §1983 against the Sheriff of Cook County and Cook County, Illinois in the United States District Court for the Northern District of Illinois (Judge Elaine Bucklo). The plaintiffs, represented by private counsel, asked the court for a tria…

On July 11, 2007, paraplegic residents of Illinois who use wheelchairs for mobility, filed a civil action arising under Section 202 of the Americans with Disabilities Act, 42 U.S.C. §12132, Section 504 of the Rehabilitation Act, 29 U.S.C. §794(a) and 42 U.S.C. §1983 against the Sheriff of Cook County and Cook County, Illinois in the United States District Court for the Northern District of Illinois (Judge Elaine Bucklo). The plaintiffs, represented by private counsel, asked the court for a trial by jury, and damages. They claimed discrimination because of disability while assigned to the Residential Treatment Unit ("RTU") of the Division Eight and the hospital wing of Division Eight, Cermak Hospital, during the time they were held in custody of the Cook County Jail.

Plaintiffs claimed the RTU of Division Eight failed to provide appropriate shower facilities, toilet facilities, transportation and beds for persons who use wheelchairs. All of the plaintiffs claimed they suffered physical injuries, were subjected to emotional distress, and were deprived of equal protection law, as secured by the Fourteenth Amendment to the Constitution of the United States, and were discriminated against in violation of the Americans with Disabilities Act, 42 U.S.C. §12132 and Section 504 of the Rehabilitation Act. In the Amended Complaint, 2007 U.S. Dist. Ct. Pleadings LEXIS 7450.

Plaintffs sought certification of a class to include all former and current mobility impaired inmates at the Cook County Department of Corrections who on or after July 12, 2005, were subjected to discrimination because of their disabilities in violation of §202 of the American with Disabilities Act of 1990 and §504 of the Rehabilitation Act of 1973 because the defendants failed to provide appropriate shower facilities, appropriate toilet facilities, and appropriate beds for persons who use wheelchairs. The plaintiffs sought monetary relief.

On March 26, 2008, Judge Bucklo certified plaintiffs' proposed class. 249 F.R.D. 298 (N.D. Ill. 2008).

On November 25, 2009, Judge Bucklo, denied all of the parties' motions and cross-motions for summary judgment. 681 F. Supp. 2d 899 (N.D. Ill. 2009)

On September 17, 2010, Judge Bucklo approved a proposed class settlement which provided that the defendant Cook County would, within 30 days, pay incentive awards of $25,000 each to two of the plaintiffs, $15,000 to a third plaintiff, and $10,000 to the fourth plaintiff. Defendant Cook County also agreed to pay attorneys' fees and costs of $700,000 and $35,000 respectively.

The court reserved jurisdiction to enforce the terms of the settlement agreement until September 1, 2011. The settlement ended without substantial further litigation, and the case is now closed.

Summary Authors

Denise Heberle (8/3/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4251817/parties/phipps-v-sheriff-of-cook-county/


Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrisey, Thomas G. (Illinois)

Attorneys(s) for Defendant

Gallagher, Daniel Francis (Illinois)

McClellan, Mary (Illinois)

Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrisey, Thomas G. (Illinois)

Attorneys(s) for Defendant

Gallagher, Daniel Francis (Illinois)

McClellan, Mary (Illinois)

Documents in the Clearinghouse

Document

1:07-cv-03889

Phipps v. Sheriff of Cook County (Docket)

July 17, 2007

July 17, 2007

Docket
1

1:07-cv-03889

Phipps v. Sheriff of Cook County (Complaint)

July 11, 2007

July 11, 2007

Complaint
6

1:07-cv-03889

Phipps v. Sheriff of Cook County (Amended Complaint)

2007 U.S.Dist.LEXIS 7450

July 12, 2007

July 12, 2007

Complaint
19

1:07-cv-03889

Phipps v. Sheriff of Cook County (Defendants' Answer to Plaintiffs' Amended Complaint)

2007 WL 5037638

Sept. 14, 2007

Sept. 14, 2007

Pleading / Motion / Brief
38

1:07-cv-03889

Phipps v. Sheriff of Cook County (Motion to Certify Case as a Class Action)

2007 WL 5037641

Oct. 24, 2007

Oct. 24, 2007

Pleading / Motion / Brief
64

1:07-cv-03889

Plaintiff's Reply Memorandum in Support of Motion for Class Certification

2008 WL 850095

Feb. 4, 2008

Feb. 4, 2008

Pleading / Motion / Brief
72

1:07-cv-03889

Phipps v. Sheriff of Cook County (Certification of Plaintiff Class)

249 F.R.D. 298, 2008 U.S.Dist.LEXIS 25020

March 26, 2008

March 26, 2008

Order/Opinion
103

1:07-cv-03889

Phipps v. Sheriff of Cook County (Defendants' Motion to Strike Plaintiffs' Hippa Forms)

2008 WL 4546319

Oct. 2, 2008

Oct. 2, 2008

Pleading / Motion / Brief
132

1:07-cv-03889

Phipps v. Sheriff of Cook County (Plaintiffs' Renewed Motion for Entry of a Qualified Protective Order)

2008 WL 5271894

Dec. 10, 2008

Dec. 10, 2008

Pleading / Motion / Brief
315

1:07-cv-03889

Phipps v. Sheriff of Cook County (Motion for Preliminary Approval of Class Action Settlement)

2010 WL 2642863

June 24, 2009

June 24, 2009

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251817/phipps-v-sheriff-of-cook-county/

Last updated Aug. 4, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Derrick Phipps; Jury Demand.(rp, ) (Entered: 07/12/2007)

July 11, 2007

July 11, 2007

RECAP
2

CIVIL Cover Sheet. (rp, ) (Entered: 07/12/2007)

July 11, 2007

July 11, 2007

PACER
3

ATTORNEY Appearance for Plaintiff Derrick Phipps by Thomas G. Morrissey. (rp, ) (Entered: 07/12/2007)

July 11, 2007

July 11, 2007

PACER
5

SUMMONS Issued as to Defendants Sheriff of Cook County, Cook County, Illinois. (rp, ) (Entered: 07/12/2007)

July 11, 2007

July 11, 2007

PACER
6

Plaintiffs' AMENDED complaint by Derrick Phipps against all defendants (Morrissey, Thomas) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

RECAP
7

NOTICE by Derrick Phipps Amended Complaint (Morrissey, Thomas) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

PACER
8

ATTORNEY Appearance for Plaintiff Derrick Phipps by Robert Hugh Farley, Jr (Farley, Robert) (Entered: 07/15/2007)

July 15, 2007

July 15, 2007

PACER
9

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Jamie Melissa Sheehan (Sheehan, Jamie) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

PACER
10

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file answer or otherwise plead (Sheehan, Jamie) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

PACER
11

NOTICE of Motion by Jamie Melissa Sheehan for presentment of motion for extension of time to file answer 10 before Honorable Elaine E. Bucklo on 8/1/2007 at 09:30 AM. (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 07/19/2007)

2 Certificate of Service

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July 19, 2007

July 19, 2007

PACER
12

RESPONSE by Derrick Phipps to MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file answer or otherwise plead 10 (Morrissey, Thomas) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

PACER
13

NOTICE by Derrick Phipps Plaintiffs' Response to Defendants' Motion For An Extension of Time To Answer or Otherwise Plead (Morrissey, Thomas) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

PACER
14

MINUTE entry before Judge Elaine E. Bucklo :Defendants' motion for extension of time until 9/14/07 to answer or otherwise plead 10 is granted.Scheduling Conference set for 9/28/2007 at 09:30 AM. At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
15

ATTORNEY Appearance for Plaintiff Derrick Phipps by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
16

Agreed Protective Order by Sheriff of Cook County, Cook County, Illinois (Sheehan, Jamie) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
17

NOTICE by Sheriff of Cook County, Cook County, Illinois (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 08/30/2007)

2 Certificate of Service

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Aug. 30, 2007

Aug. 30, 2007

PACER
18

AGREED PROTECTIVE Order Signed by Judge Elaine E. Bucklo on 8/30/2007.(rp, ) (Entered: 09/06/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
19

ANSWER to amended complaint by Sheriff of Cook County, Cook County, Illinois(Sheehan, Jamie) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
20

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 19 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 09/14/2007)

2 Certificate of Service

View on PACER

Sept. 14, 2007

Sept. 14, 2007

PACER
21

REPORT of Rule 26(f) Planning Meeting by Derrick Phipps, Sheriff of Cook County, Cook County, Illinois (Farley, Robert) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
22

NOTICE by Derrick Phipps Of Filing Of Parties Planning Meeting (Farley, Robert) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
23

MINUTE entry before Judge Elaine E. Bucklo :On court's own motion, Scheduling Conference set for 9/28/07 is reset for 10/2/2007 at 09:45 AM.Mailed notice (mpj, ) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
24

MINUTE entry before Judge Elaine E. Bucklo :Pursuant to parties' request, Scheduling Conference set for 10/2/07 is reset for 10/3/2007 at 09:30 AM.No notice (mpj, ) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
25

MINUTE entry before Judge Elaine E. Bucklo :Status hearing held on 10/3/2007 and the court approved parties' scheduling order. Plaintiff shall comply with FRCP(26)(a)(2) by 11/16/07. Defendant shall comply with FRCP(26)(a)(2) by 12/16/07.Dispositive motions with supporting memoranda due by 5/1/2008. Pretrial Order due by 9/2/2008.Status hearing set for 3/14/2008 at 10:00 AM. This case is referred to Magistrate Judge Cole for supervision of discovery and judge Cole is requested to set deadlines for discovery. Mailed notice (mpj, ) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

RECAP
26

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Jeffrey Cole for the purpose of holding proceedings related to: Supervision of discovery.(mpj, )Mailed notice. (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
27

MINUTE entry before Judge Elaine E. Bucklo :Plaintiff's motion for class certification will be due by 10/24/07; response by 11/21/07; and any reply by 12/12/07. Target date for ruling by mail set for 1/11/08.Mailed notice (mpj, ) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
28

MINUTE entry before Judge Jeffrey Cole : Initial status hearing before Magistrate Judge Cole is set for 10/17/07 at 9:00 a.m. (kef, ) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
29

MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Farley, Robert) (Entered: 10/11/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Oct. 11, 2007

Oct. 11, 2007

PACER
30

Plaintiffs NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion to compel 29 before Honorable Jeffrey Cole on 10/17/2007 at 08:30 AM. (Farley, Robert) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
31

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents 29 (Sheehan, Jamie) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
32

NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion 31 to compel production (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 10/12/2007)

2 Certificate of Service

View on PACER

Oct. 12, 2007

Oct. 12, 2007

PACER
33

MINUTE entry before Judge Jeffrey Cole :Status hearing before Magistrate Judge Cole is set for 10/18/2007 at 09:00 AM.Mailed notice (jms, ) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
34

REPLY by Derrick Phipps to response in opposition to motion 31 Motion to Compel (Morrissey, Thomas) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
35

NOTICE by Derrick Phipps Plaintiffs' Reply to Defendants's Response to Motion to Compel (Morrissey, Thomas) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
36

MINUTE entry before Judge Jeffrey Cole : Status hearing date of 10/18/07 is stricken. Status hearing date of 10/17/2007 at 8:30 am shall stand.Mailed notice (jms, ) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
37

MINUTE entry before Judge Jeffrey Cole : Motion hearing held. MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents 29 is granted in part and denied in part as outlined in open court. The parties are directed to submit a proposed protective order to chambers.Status hearing set for 11/19/2007 at 08:30 AM.Advised in open court (jms, ) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
38

MOTION by Plaintiff Derrick Phipps to certify class (Attachments: # 1 Exhibit Exhibit 1 (Sworn Declarations)# 2 Exhibit Expert Report# 3 Certificate of Service Certificate of Service)(Flaxman, Kenneth) (Entered: 10/24/2007)

2 Exhibit Exhibit 1 (Sworn Declarations)

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3 Exhibit Expert Report

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4 Certificate of Service Certificate of Service

View on PACER

Oct. 24, 2007

Oct. 24, 2007

PACER
39

QUALIFIED PROTECTIVE Order signed by Judge Jeffrey Cole on 10/24/2007:Mailed notice (tlm) (Entered: 10/28/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
40

MINUTE entry before Judge Elaine E. Bucklo :Set deadlines/hearing as to plaintiff's motion to certify class 38 : Responses due by 12/14/2007, Replies due by 1/4/2008. Target date for ruling by mail set for 2/8/08.Mailed notice (mpj, ) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER
41

ORAL MOTION by counsel Jamie Melissa Sheehan to withdraw as attorney for Defendants Sheriff of Cook County, Cook County, Illinois. (cdh, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
42

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
43

ATTORNEY Appearance for Defendant Sheriff of Cook County by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
44

ATTORNEY Appearance for Defendant Sheriff of Cook County by Dominick L Lanzito (Lanzito, Dominick) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
45

ATTORNEY Appearance for Defendant Sheriff of Cook County by Mary Elizabeth McClellan (McClellan, Mary) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
46

MINUTE entry before Judge Jeffrey Cole: Status hearing held and continued for 1/22/2008 at 8:30 A.M. Ms. Jamie Melissa Sheehan's oral motion for leave to withdraw as counsel for defendants is granted. Mailed notice (tlm) (Entered: 11/20/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
47

MINUTE entry before Judge Jeffrey Cole :Minute order of 11/19/07 is corrected as follows: Status hearing held and continued to 1/22/08 at 8:30 a.m. Ms. Jamie Sheehan's oral motion for leave to withdraw as counsel for defendant Sheriff of Cook County is granted. Mailed notice (cdh, ) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
48

MOTION by Defendant Sheriff of Cook County for extension of time (McClellan, Mary) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
49

NOTICE of Motion by Mary Elizabeth McClellan for presentment of extension of time 48 before Honorable Elaine E. Bucklo on 11/29/2007 at 09:30 AM. (McClellan, Mary) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
50

MINUTE entry before Judge Elaine E. Bucklo :Defendant's motion for extension of time 48 until 1/14/08 to respond to motion for class certification is granted. Accordingly, reply is extended to 1/28/08. Target date for ruling by mail set for 2/8/07 is reset for 2/29/08.Mailed notice (mpj, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
51

ATTORNEY Appearance for Defendant Sheriff of Cook County by Paul A OGrady (OGrady, Paul) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

PACER
52

Defendant's Responses to Plaintiff's First Request to Admit by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

RECAP
53

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
54

Defendant's Responses to Plaintiffs' Second Request to Admit by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
55

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
56

Defendant Cook County's Response to Plaintiff's First Request to Admit by Cook County, Illinois (Sheehan, Jamie) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

RECAP
57

NOTICE by Cook County, Illinois re other 56 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 01/10/2008)

2 Certificate of Service

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Jan. 10, 2008

Jan. 10, 2008

PACER
58

Defendant Cook County's Response to Plaintiff's Second Request to Admit by Cook County, Illinois (Sheehan, Jamie) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
59

NOTICE by Cook County, Illinois re other 58 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 01/10/2008)

2 Certificate of Service

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Jan. 10, 2008

Jan. 10, 2008

PACER
60

MEMORANDUM by Sheriff of Cook County in Opposition to motion to certify class 38 (Gallagher, Daniel) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
61

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
62

MINUTE entry before Judge Elaine E. Bucklo :Pursuant to plaintiff's request, reply brief on motion for class certification is extended to 2/4/08.Mailed notice (mpj, ) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
63

MINUTE entry before Judge Jeffrey Cole :Magistrate Judge Status hearing held on 1/22/2008 and continued to 3/27/2008 at 09:00 a.m. Advised in open court. (cdh, ) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
64

RESPONSE by Derrick Phippsin Support of MOTION by Plaintiff Derrick Phipps to certify class 38 (Flaxman, Kenneth) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
65

MINUTE entry before Judge Elaine E. Bucklo :On court's own motion, status hearing set for 3/14/08 is reset for 4/30/2008 at 09:30 AM.Mailed notice (mpj, ) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
66

MOTION by Defendant Sheriff of Cook County to quash Deposition of Zelda Whittler (Gallagher, Daniel) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
67

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to quash 66 before Honorable Jeffrey Cole on 3/19/2008 at 08:30 AM. (Gallagher, Daniel) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
68

RESPONSE by Derrick Phippsin Opposition to MOTION by Defendant Sheriff of Cook County to quash Deposition of Zelda Whittler 66 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Morrissey, Thomas) (Entered: 03/17/2008)

2 Exhibit A

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3 Exhibit B

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March 17, 2008

March 17, 2008

PACER
69

NOTICE by Derrick Phipps Response to Defendant's Motion to Quash (Morrissey, Thomas) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
70

MINUTE entry before Judge Honorable Jeffrey Cole:Motion hearing held. Defendant, Sheriff of Cook County's motion to quash deposition of Zelda Whittler 66 is denied. The deposition may be taken at Ms. Whittler's office, according to her schedule and may last one hour. If more time is necessary parties shall contact chambers at that time. Advised in open court. (cdh, ) (Entered: 03/20/2008)

March 19, 2008

March 19, 2008

PACER
71

MINUTE entry before Judge Honorable Elaine E. Bucklo: plaintiffs' motion to certify class(38) is granted. See Memorandum Opinion and Order for details.Mailed notice (mpj, ) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

PACER
72

MEMORANDUM Opinion and Order Signed by Judge Honorable Elaine E. Bucklo on 3/26/2008:Mailed notice(mpj, ) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

RECAP
73

MINUTE entry before Judge Honorable Jeffrey Cole: Status hearing held. Initial target date for discovery to identify the class members is set for 07/28/08. Status hearing schedule is as follows: 4/10/2008 at 9:00 A.M.; 4/23/2008 at 9:00 AM. 5/21/08 at 9:00 a.m.; 6/26/2008 at 9:00 AM. Mailed notice (tlm) (Entered: 03/31/2008)

March 27, 2008

March 27, 2008

PACER
74

MINUTE entry before Judge Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to May 2, 2008 at 9:00 a.m. Previously scheduled depositions will go forward, other discovery will be stayed pending further order of court and decision by the USCA on the appeal of the class certification. On May 2, 2008 the opposing views of further merits based may be discussed. Mailed notice (cdh, ) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
75

MOTION by Plaintiff Derrick Phipps to compel (Morrissey, Thomas) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
76

Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of before Honorable Jeffrey Cole on 4/24/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
77

MINUTE entry before Judge Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to compel the defendant to produce a 30(b)(6) witness 75 is denied as moot in light of leave to the plaintiff to propound additional requests to admit and leave to the defendant to amend its present answers to requests to admit. Advised in open court. (cdh, ) (Entered: 04/25/2008)

April 24, 2008

April 24, 2008

PACER
143

CERTIFIED ORDER from USCA dated 4/30/2008. The following are before the court: 1. Defendant Sherrif of Cook county's petition for leave to appeal the grant of class certification pursuant to Rule 23(f) of the federal rules of civil procedure, filed on 4/7/2008, by counsel for the petitioner. 2. Response of plaintiffs-respondents to petition for permission to appeal, filed on April 15, 2008, by counsel for the respondents. IT IS ORDERED that #1 is DENIED. (ef, ) (Entered: 02/06/2009)

April 30, 2008

April 30, 2008

PACER
78

MINUTE entry before Judge Honorable Jeffrey Cole:Status hearing held and continued to May 27, 2008 at 9:30 a.m. Plaintiff shall provide a census of inmates name, ID number and location as discussed in court. Advised in open court. (cdh, ) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

PACER
79

MINUTE entry before Judge Honorable Jeffrey Cole:Corrected minute order of 5/2/08 is as follows: Status hearing held and continued to May 27, 2008 at 9:30 a.m. Defendants' shall provide a census of inmates name, ID number and location as discussed in court. Advised in open court. (cdh, ) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

PACER
80

MOTION by Plaintiff Derrick Phipps to approve form of class notice (Flaxman, Kenneth) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
81

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 80 before Honorable Elaine E. Bucklo on 5/22/2008 at 09:00 AM. (Flaxman, Kenneth) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
82

MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 5/21/08 is stricken. Status hearing set for 5/27/08 at 9:30 a.m. still stands. Mailed notice (cdh, ) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

PACER
83

MINUTE entry before the Honorable Elaine E. Bucklo:MOTION by Plaintiff Derrick Phipps to approve form of class notice is referred to Magistrate Judge Cole.Mailed notice (slb, ) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER

ORAL MOTION by Parties' for hearing on motion to approve form of class notice 80 on 5/22/08 at 8:30 a.m. (cdh, )

May 21, 2008

May 21, 2008

PACER
84

MINUTE entry before the Honorable Jeffrey Cole:Oral motion for hearing on motion to approve form of class notice 80 is granted. Motion hearing is set for 5/22/08 at 8:30 a.m. Telephoned and mailed notice (cdh, ) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
85

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Response to plaintiffs motion to approve form of class notice 80 is due by June 6, 2008. Reply shall be due by June 13, 2008. Motion hearing and ruling on the plaintiffs motion to approve form of class notice 80 is set for Monday, June 16, 2008 at 8:30 a.m. Status hearing set for May 27, 2008 is stricken. Notices mailed by Judicial Staff. (cdh, ) (Entered: 05/23/2008)

May 22, 2008

May 22, 2008

PACER
86

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey Cole; Perform such additional duties as are not inconsistent with the Constitution and laws of the United States. Plaintiff's motion to approve form of class notice is referred. Signed by Executive Committee on 5/22/2008. (ef, ) (Entered: 05/29/2008)

May 22, 2008

May 22, 2008

PACER
87

MINUTE entry before the Honorable Jeffrey Cole: Plaintiffs motion to approve form of class notice 80 is granted with the modification discussed in court on 5/22/08.Mailed notice (ca, ) (Entered: 05/30/2008)

May 29, 2008

May 29, 2008

PACER
88

TRANSCRIPT of proceedings for the following dates: 10/17/2007; Before the Honorable Jeffrey Cole. (Document not Scanned). (ef, ) (Entered: 05/30/2008)

May 29, 2008

May 29, 2008

PACER
89

MOTION by Plaintiff Derrick PhippsPost Class Notice (Morrissey, Thomas) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

PACER
90

Post Class Notice NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for miscellaneous relief 89 before Honorable Jeffrey Cole on 6/12/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

PACER
91

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to post class notice 89 is granted. The notice shall be prominently posted in the following areas: RCDC area (intake area); Third floor common areas of Cermak Hospital and if there is an area or floor for women in that common area; RTU recreation room and areas where wheel chair bound detainees are housed; Division Three Womens Housing, on the floor or floors where wheel chair bound female inmates are housed. Notice shall be posted until further order of court. Notices mailed by Judicial Staff. (cdh, ) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
92

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Notice for mailing is approved as submitted. Notice for posting is approved as amended in open court. Status hearing set for 6/26/08 is stricken. Mailed notice (cdh, ) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
95

MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 8/4/08 at 8:30 a.m. Mailed notice (ef, ) (Entered: 07/30/2008)

July 28, 2008

July 28, 2008

PACER
93

MOTION by Plaintiff Derrick Phipps to compel (Morrissey, Thomas) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
94

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 93 before Honorable Jeffrey Cole on 8/5/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER

ORAL MOTION by Plaintiff to reset the status hearing of 8/4/08 at 8:30 a.m. to 8/5/08 at 8:30 a.m. (cdh, )

July 31, 2008

July 31, 2008

PACER
96

MINUTE entry before the Honorable Jeffrey Cole:Plaintiff's oral motion to reset the status hearing of 8/4/08 to 8/5/08 at 8:30 is granted. Mailed notice (cdh, ) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
97

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiffs' motion to compel 93 is denied without prejudice. Status hearing is set for 9/11/08 at 8:30 a.m. Mailed notice (ef, ) (Entered: 08/07/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
98

MOTION by Defendant Sheriff of Cook County for extension of time (Gallagher, Daniel) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners held in the Cermak Hospital, operated by Cook County, who rely on wheelchairs for mobility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Cook County (Cook), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 810,000

Order Duration: 2010 - 2011

Issues

General:

Bathing and hygiene

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Medical/Mental Health:

Skin Infections

Type of Facility:

Government-run