Case: Zaborowski v. Sheriff of Cook County

1:08-cv-06946 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 4, 2008

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 4, 2008, a class of pregnant women who gave birth while incarcerated in the Cook County Jail in Chicago, Illinois, filed a lawsuit under 42 U.S.C. § 1983 against Cook County in the U.S. District Court for the Northern District of Illinois. Represented by private counsel, the plaintiffs asked the court for compensatory and punitive damages, claiming that their Fourth, Eighth, and Fourteenth Amendment rights and state law had been violated. Specifically, the plaintiffs claimed that de…

On December 4, 2008, a class of pregnant women who gave birth while incarcerated in the Cook County Jail in Chicago, Illinois, filed a lawsuit under 42 U.S.C. § 1983 against Cook County in the U.S. District Court for the Northern District of Illinois. Represented by private counsel, the plaintiffs asked the court for compensatory and punitive damages, claiming that their Fourth, Eighth, and Fourteenth Amendment rights and state law had been violated. Specifically, the plaintiffs claimed that defendants' policy of shackling pregnant women to their birthing tables for several days surrounding birth, without breaks to walk or use the bathroom, violated the women’s constitutional rights.

Between December 2007 and December 2008, the Cook County Jail transported pregnant female prisoners to Stronger Hospital when they went into labor. The Sheriff allowed the practice of shackling women to their obstetric tables before, during, and after birthing. The purported justification for this practice was the repeated escape attempts of mothers during childbirth. The plaintiffs alleged that this practice not only endangered the health of the mother and child, but also led to indignity and humiliation for the mothers because the shackles would not be removed for any purpose, forcing mothers to soil the beds. This practice, plaintiffs claimed, also greatly increased the chances of infection. One plaintiff had been shackled for two days to the hospital bed. Another plaintiff was shackled to the bed, without permission to use the bathroom or to leave for five days. Other class representatives alleged similar experiences involving shackling between December 2007 and December 2008.

On December 9, 2009, the court (Judge Amy J. St. Eve) denied the plaintiffs' motion for class certification, finding that the proposed plaintiffs did not fulfill the adequacy of representation requirement for class action certification. The court also found that class action would not be superior to other available methods for adjudicating the controversy. The plaintiffs attempted to bring an interlocutory appeal to the Seventh Circuit Court of Appeals, but the court denied leave to appeal on March 23, 2010.

On May 10, 2010, after the plaintiffs' attorneys filed a myriad of individual claims against Cook County, the plaintiffs made an amended motion to certify a class. The Court certified the class on June 22, 2010. Thereafter, the defendants filed a Motion to Dismiss for failure to state a claim. The defendants argued that supervisory liability could not attach unless the plaintiffs could prove that the Sheriff was personally involved in enforcement of the policy.

The court denied the defendants' Motion to Dismiss on December 29, 2010. The court found that the plaintiffs' allegations in the complaint were sufficient in alleging that the defendant Sheriff knew of and was involved in the enforcement of the shackling policy sometime after December 2007. Thereafter the parties filed cross-motions for summary judgment.

On December 20, 2011, the Court granted the defendant Sheriff's motion for summary judgment as to damages against him in his individual capacity but denied the defendants and plaintiffs' motions for summary judgment on the Substantive Due Process and state law negligence claims.

Following a series of settlement conferences, the plaintiffs submitted a settlement agreement to the court for approval on May 17, 2012. The agreement provided that a total settlement fund of $4.1 million would resolve all class liability for the shackling policy and would be allocated to class members via a point distribution system that took account of the nature and duration of the shackling each class member endured.

On August 30, 2012, Judge St. Eve approved the settlement and the court dismissed the case without prejudice with leave to reinstate by August 30, 2013. Judge St. Eve granted the plaintiff's motion to expedite first payout to class members.

At the conclusion of all settlement payments, almost $900,000 remained in the settlement fund. So, on December 14, 2016, the plaintiffs filed a motion to close out administration, requesting the remaining funds be used for a substance abuse and mental health treatment program for women. Within the Cook County Circuit Court, Haymarket Center and the Maternal Objectives Management (MOMS) program oversaw such programs. The defendant refused to release the remaining funds, and so the Haymarket Center filed a motion to intervene on September 22, 2017, arguing entitlement to the funds as part of the settlement agreement.

On October 19, 2017, Judge St. Eve granted the defendant's motion for relief and denied the Haymarket Center's motion for intervention and enforcement. As Cook County cancelled the contract with Haymarket Center in September 2016, any such funds diverted to the Haymarket Center would not be allocated to members of the class. Instead, Judge St. Eve ruled that the defendant could retain the money in a special fund to provide in-house treatment and counseling services for women in Cook County custody.

The plaintiffs filed a motion on October 31, 2017 requesting reconsideration and a stay of judgment regarding Judge St. Eve's order granting defendant's relief. On April 9, 2018, Judge St. Eve granted the motion for reconsideration and denied the plaintiffs' motion for a stay as moot. The Court held that it had failed to properly incorporate the terms of the settlement agreement in its 2012 dismissal of the case, and therefore lacked jurisdiction to alter the settlement agreement—even though the County had ended its contract with Haymarket. Thus, the defendants were required to comply with the Payout Procedure of the settlement and allocate the remaining settlement funds to Haymarket. The case is now closed.

Summary Authors

Blase Kearney (9/27/2012)

Nichollas Dawson (11/18/2017)

Richa Bijlani (11/24/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4258638/parties/zaborowski-v-sheriff-of-cook-county/


Judge(s)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Scanlon, Stacey L. (Illinois)

Wall, John A. (Illinois)

Attorneys(s) for Defendant

Berre, Edgar L. III (Illinois)

Bond, Aaron Richard (Illinois)

Bruce, Julia Suzanne (Illinois)

Castiglione, Paul Anthony (Illinois)

Chinnery, Patrick William (Illinois)

Judge(s)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Scanlon, Stacey L. (Illinois)

Wall, John A. (Illinois)

Attorneys(s) for Defendant

Berre, Edgar L. III (Illinois)

Bond, Aaron Richard (Illinois)

Bruce, Julia Suzanne (Illinois)

Castiglione, Paul Anthony (Illinois)

Chinnery, Patrick William (Illinois)

Gallagher, Michael L. (Illinois)

McClellan, Mary (Illinois)

Moran, Patrick R (Illinois)

Pechous, Donald J. (Illinois)

Rock, John Joseph (Illinois)

Smith, Patrick Stephen (Illinois)

Torrado, Nicole M. (Illinois)

Zecchin, Anthony E. (Illinois)

Documents in the Clearinghouse

Document

1:11-cv-06946

Docket [PACER]

April 9, 2018

April 9, 2018

Docket
1

1:08-cv-06946

Complaint

Dec. 4, 2008

Dec. 4, 2008

Complaint
13

1:08-cv-06946

Amended Complaint

Jan. 28, 2009

Jan. 28, 2009

Complaint
14

1:08-cv-06946

Defendant's Answer to Plaintiff's Amended Complaint

Feb. 5, 2009

Feb. 5, 2009

Pleading / Motion / Brief
26

1:08-cv-06946

Motion for Class Certification

June 15, 2009

June 15, 2009

Pleading / Motion / Brief
44

1:08-cv-06946

Sheriff Thomas Dart's Response to Plaintiffs' Motion for Class Certification

Aug. 31, 2009

Aug. 31, 2009

Pleading / Motion / Brief
46

1:08-cv-06946

Plaintiff's Reply in Support of Motion for Class Certification

Sept. 14, 2009

Sept. 14, 2009

Pleading / Motion / Brief
58

1:08-cv-06946

The Court, in its discretion, denies Plaintiffs' Motion for Class Certification [26] pursuant to Federal Rule of Civil Procedure 23.

Dec. 9, 2009

Dec. 9, 2009

Order/Opinion
65

1:08-cv-06946

Order

U. S. Court of Appeals for the Seventh Circuit

March 23, 2010

March 23, 2010

Order/Opinion
75

1:08-cv-06946

Plaintiffs' Memorandum in Support of Amended Motion for Class Certification

May 10, 2010

May 10, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4258638/zaborowski-v-sheriff-of-cook-county/

Last updated Aug. 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Catherine Zaborowski, Simone Jackson; Jury Demand. Filing fee $350.(hp, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

RECAP
2

CIVIL Cover Sheet (hp, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
3

ATTORNEY Appearance for Plaintiffs Catherine Zaborowski, Simone Jackson by Thomas Gerard Morrissey (hp, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
4

ATTORNEY Appearance for Plaintiffs Catherine Zaborowski, Simone Jackson by Kenneth N. Flaxman (hp, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
6

SUMMONS Issued as to Defendants Sheriff of Cook County, Cook County, Illinois (hp, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
7

MINUTE entry before the Honorable Amy J. St. Eve: Joint Status Report due by 1/12/2009. Initial status hearing set for 1/14/2009 at 08:30 AM in courtroom 1241. [For further details see minute order.] Mailed notice (kef, ) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

RECAP
8

ATTORNEY Appearance for Defendant Cook County, Illinois by Patrick Stephen Smith (Smith, Patrick) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
9

MOTION by Defendant Cook County, Illinois for extension of time to answer or otherwise plead (Smith, Patrick) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
10

NOTICE of Motion by Patrick Stephen Smith for presentment of extension of time 9 before Honorable Amy J. St. Eve on 12/22/2008 at 08:30 AM. (Smith, Patrick) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
11

MINUTE entry before the Honorable Amy J. St. Eve: Defendant's motion for enlargement of time 9 is granted. Defendants to answer or otherwise plead by 2/5/09. Joint status report to be filed by 2/9/09. Initial status hearing set for 1/14/09 is stricken and reset to 2/12/09 at 8:30 a.m. No appearance is required on the 12/22/08 notice date. Mailed notice (kef, ) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
12

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 2/12/09 is stricken and reset to 2/17/2009 at 08:30 AM. Mailed notice (kef, ) Modified on 1/23/2009 (kef, ). (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

RECAP
13

AMENDED complaint by Catherine Zaborowski, Simone Jackson against Sheriff of Cook County, Cook County, Illinois (Flaxman, Kenneth) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

RECAP
14

ANSWER to amended complaint by Sheriff of Cook County, Cook County, Illinois(Smith, Patrick) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

RECAP
15

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 14 (Smith, Patrick) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
16

STATUS Report by Sheriff of Cook County, Cook County, Illinois (Smith, Patrick) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER
17

NOTICE by Sheriff of Cook County, Cook County, Illinois re status report 16 (Smith, Patrick) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER
18

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 2/17/2009 and continued to 3/10/09 at 8:30 a.m. Defendants' Rule 26(a)(1) disclosures by 2/27/09. Any additional written discovery to be issued by 3/9/09. Fact discovery to be completed by 11/30/09. Expert reports by 1/15/10. Rebuttal expert reports by 2/15/10. Expert discovery to be completed by 3/15/10. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

RECAP
19

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 3/10/2009 and continued to 5/5/09 at 8:30 a.m. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing.Mailed notice (kef, ) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

PACER
20

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 5/5/2009 and continued to 5/27/09 at 8:30 a.m. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing.Mailed notice (kef, ) (Entered: 05/05/2009)

May 5, 2009

May 5, 2009

PACER
21

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for protective order (Smith, Patrick) (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

RECAP
22

NOTICE of Motion by Patrick Stephen Smith for presentment of motion for protective order 21 before Honorable Amy J. St. Eve on 5/21/2009 at 08:30 AM. (Smith, Patrick) (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

PACER
23

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for protective order 21 is granted. No appearance is required on the 5/21/09 notice date. Mailed notice (kef, ) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
24

AGREED PROTECTIVE Order Signed by the Honorable Amy J. St. Eve on 5/15/2009:Mailed notice(kef, ) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

RECAP
25

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 5/27/2009 and continued to 7/8/2009 at 08:30 AM. Mailed notice (kef, ) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

PACER
26

MOTION by Plaintiffs Catherine Zaborowski, Simone Jackson to certify class (Flaxman, Kenneth) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

RECAP
27

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 26 before Honorable Amy J. St. Eve on 6/22/2009 at 08:30 AM. (Flaxman, Kenneth) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
28

MINUTE entry before the Honorable Amy J. St. Eve:Motion hearing held on 6/22/2009. Plaintiffs' motion for class certification 26 is entered. Response by 7/13/09. Reply by 7/27/09. Status hearing set for 7/8/09 is stricken and reset to 8/11/09 at 8:30 a.m. Mailed notice (kef, ) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
29

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file response/reply to Plaintiffs' Motion to Certify Class (Weidhuner, Ronald) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

PACER
30

NOTICE of Motion by Ronald Weidhuner for presentment of motion for extension of time to file response/reply 29 before Honorable Amy J. St. Eve on 7/16/2009 at 08:30 AM. (Weidhuner, Ronald) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

PACER
31

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for enlargement of time 29 is granted. Defendants' response to plaintiffs' motion to certify class 26 to be filed on or before 7/30/09. Reply by 8/13/09. No appearance is required on the 7/16/09 notice date. Mailed notice (kef, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
32

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
33

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file response/reply to Motion for Class Certification (Castiglione, Paul) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
34

NOTICE of Motion by Paul Anthony Castiglione for presentment of motion for extension of time to file response/reply 33 before Honorable Amy J. St. Eve on 8/6/2009 at 08:30 AM. (Castiglione, Paul) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
35

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Donald J. Pechous (Pechous, Donald) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
36

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for enlargement of time 33 is granted. Defendants' response to plaintiffs' motion for class certification 26 to be filed on or before 8/31/09. Reply by 9/14/09. No appearance is required on the 8/6/09 notice date. Mailed notice (kef, ) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
37

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois to reassign case No. 09 C 1546, Case No. 09 C 3470 and Case No. 09 C 3546 Pursuant to Local Rule 40.4 (Attachments: # 1 Exhibit Exhibit A, B, C)(Smith, Patrick) (Entered: 08/06/2009)

1 Exhibit Exhibit A, B, C

View on PACER

2 Exhibit Exhibit A, B, C

View on PACER

Aug. 6, 2009

Aug. 6, 2009

PACER
38

NOTICE of Motion by Patrick Stephen Smith for presentment of motion to reassign case 37 before Honorable Amy J. St. Eve on 8/13/2009 at 08:30 AM. (Smith, Patrick) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
39

RESPONSE by Catherine Zaborowski, Simone Jacksonin Opposition to MOTION by Defendants Sheriff of Cook County, Cook County, Illinois to reassign case No. 09 C 1546, Case No. 09 C 3470 and Case No. 09 C 3546 Pursuant to Local Rule 40.4 37 (Flaxman, Kenneth) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

RECAP
40

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' reply brief in support of their motion for reassignment is due on or before 8/17/09. No appearance is required on the 8/13/09 notice date. Mailed notice (kef, ) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

PACER
41

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 8/11/2009 and continued to 9/24/2009 at 08:30 AM. Mailed notice (kef, ) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

PACER
42

REPLY by Sheriff of Cook County, Cook County, Illinois to response in opposition to motion, 39 to Reassign (Smith, Patrick) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

RECAP
43

NOTICE by Sheriff of Cook County, Cook County, Illinois re reply to response to motion 42 to Reassign (Smith, Patrick) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
44

RESPONSE by Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Catherine Zaborowski, Simone Jackson to certify class 26 (Smith, Patrick) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
45

NOTICE by Sheriff of Cook County re response in opposition to motion 44 (Smith, Patrick) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
46

RESPONSE by Catherine Zaborowski, Simone Jacksonin Support of MOTION by Plaintiffs Catherine Zaborowski, Simone Jackson to certify class 26 (Flaxman, Kenneth) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

RECAP
47

MINUTE entry before the Honorable Amy J. St. Eve: The Court denies Defendants' motion to reassign and consolidate 37 . [For further details see minute order.] Mailed notice (kef, ) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

RECAP
48

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 9/24/2009 and continued to 11/5/2009 at 08:30 AM. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
49

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 10/1/2009 at 08:30 AM to address questions concerning Plaintiffs' request to maintain the class action solely to adjudicate the legality of the Sheriff's policy under Rule 23(c)(4) with the individual damages claims done separately.Mailed notice (kef, ) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
50

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 10/1/2009. Plaintiffs' supplemental brief regarding individuals' damages issue to be filed by 10/22/09. Defendants' response by 11/5/09. Reply by 11/12/09. Status hearing set for 11/5/09 is stricken and reset to 11/17/09 at 8:30 a.m. Mailed notice (kef, ) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER
51

SUPPLEMENTAL MEMORANDUM by Catherine Zaborowski, Simone Jackson in support of motion for class certification 26 (Flaxman, Kenneth) (Text modified on 10/23/2009 (vmj, ). (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

RECAP
52

RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois to Plaintiff's Supplemental Memorandum clarifying Questions by the Court (Smith, Patrick) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

RECAP
53

NOTICE by Sheriff of Cook County, Cook County, Illinois re Response 52 (Smith, Patrick) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

RECAP
54

REPLY by Catherine Zaborowski, Simone Jackson Supplemental Memorandum in Support of Motion by Plaintiffs Catherine Zaborowski, Simone Jackson for class certification 26 51 52 (Flaxman, Kenneth) (Text Modified by Clerk's Office on 11/12/2009) (hp, ). (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

RECAP
55

REPLY by Catherine Zaborowski, Simone Jackson to reply to response to motion 54 [CORRECTED WITH INCLUSION OF EXHIBIT 1] (Flaxman, Kenneth) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

RECAP
56

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 11/17/09 is stricken and reset to 12/4/2009 at 08:30 AM. Mailed notice (kef, ) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
57

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 12/4/09 is stricken and reset to 12/11/2009 at 08:30 AM. Mailed notice (kef, ) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
58

MINUTE entry before the Honorable Amy J. St. Eve: The Court, in its discretion, denies Plaintiffs' Motion for Class Certification 26 pursuant to Federal Rule of Civil Procedure 23. [For further details see minute order.] Mailed notice (kef, ) Modified on 12/9/2009 (kef, ). (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

RECAP
59

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 12/11/09 is stricken and reset to 12/17/2009 at 08:30 AM. Mailed notice (kef, ) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
60

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 12/17/2009 and continued to 1/21/2010 at 08:30 AM. Mailed notice (kef, ) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
61

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 1/21/2010 and continued to 3/4/2010 at 08:30 AM. This case is hereby stayed until a ruling from the Seventh Circuit is issued or until further order of the court. Mailed notice (kef, ) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

RECAP
62

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 3/4/2010 and continued to 5/6/2010 at 08:30 AM. Plaintiffs' expert report by 4/19/10. Defendants' expert report by 5/19/10. Expert discovery to be completed by 6/18/10. Mailed notice (kef, ) (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

RECAP
63

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: settlement conference.(kef, )Mailed notice. (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

PACER
64

MINUTE entry before Honorable Maria Valdez: This case has been referred to Judge Valdez to conduct a settlement conference. Judge Valdez requires full compliance with the Court's Standing Order of Settlement Conference found on the Judge's website available at www.ilnd.uscourts.gov. The parties shall jointly contact the courtroom deputy, Yolanda Pagan, at 312/408-5135 with mutually agreeable dates or appear at 9:30 a.m. on 3/31/10 to set a settlement conference date. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship.Mailed notice (yp, ) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

PACER
65

US Court of Appeals for the 7th Circuit Order, USCA # 09-8049: The following are before the court: 1. Petition for permission to appeal, filed on 12/14/2009, by counsel for the petitioner. 2. Response of defendants-respondents to plaintiffs-petitioners' Rule 23(f) petition for leave to appeal, filed on 1/29/2010, by the counsel for the respondents. 3. Plaintiffs' supplemental memorandum in support of motion for class certification, filed on 2/9/2010, by counsel for the petitioners. It is ordered that #1 is denied. (vmj, ) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

RECAP
66

MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski to certify class [amended motion] (Flaxman, Kenneth) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

RECAP
67

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 66 before Honorable Amy J. St. Eve on 4/5/2010 at 08:30 AM. (Flaxman, Kenneth) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

PACER
68

MINUTE entry before Honorable Maria Valdez: Status hearing set for 3/31/10 before Judge Valdez is hereby stricken. Parties were given dates by phone to convey with their clients and shall jointly contact Yolanda Pagan at 312/408-5135 by no later than 3/30/10 to confirm the availability for settlement conference setting. Mailed notice (yp, ) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
69

MINUTE entry before Honorable Maria Valdez: Case is set to 5/11/10 at 2:00 p.m. in courtroom 1300 for settlement conference. Judge Valdez requires full compliance with the Court's Standing Order of Settlement Conference found on the Judge's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Yolanda Pagan, at 312/408-5135 for a copy. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship.Mailed notice (yp, ) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

RECAP
70

MINUTE entry before Honorable Amy J. St. Eve:Motion hearing held on 4/5/2010. Plaintiffs' amended motion for class certification 66 is entered. Plaintiffs' expert disclosure by 5/3/10. Defendants' expert disclosure by 6/2/10. Expert discovery to be completed by 7/2/10. Mailed notice (kef, ) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
71

MINUTE entry before Honorable Amy J. St. Eve: On 12/9/09, the Court denied Plaintiffs' first motion for class certification in which Plaintiffs sought to certify a class solely for liability issues leaving the damages actions for separate, subsequent proceedings. After the Seventh Circuit rejected Plaintiffs' Rule 23(f) petition for leave to appeal, Plaintiffs filed a second motion for class certification without filing a supporting legal memorandum 66 . Specifically, Plaintiffs' counsel maintains that after consulting a variety of experts, they have concluded that "they were mistaken in their view that each class member should receive a separate determination of damages." Whatever their reason, Plaintiffs must file a thorough, detailed legal memorandum supporting their new class definition that is due on or before 4/26/10. Defendants' response brief is due on or before 5/17/10. Plaintiffs' reply is due on or before 5/24/10. Status hearing set for 5/6/10 is stricken and reset to 5/27/10 at 8:30 a.m. Mailed notice (kef, ) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

RECAP
72

MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski for extension of time for filing of supplemental memoranda (Flaxman, Kenneth) (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

RECAP
73

NOTICE of Motion by Kenneth N Flaxman for presentment of extension of time 72 before Honorable Amy J. St. Eve on 4/27/2010 at 08:30 AM. (Flaxman, Kenneth) (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

PACER
74

MINUTE entry before Honorable Amy J. St. Eve: Plaintiffs' motion for class certification 66 is denied without prejudice. Plaintiffs' motion for extension of time 72 is granted. Plaintiffs to file their entire motion for class certification with supporting memorandum on 5/10/10. Response by 6/1/10. Reply by 6/8/10. Status hearing set for 5/27/10 is stricken and reset to 6/17/10 at 8:30 a.m. No appearance is required on the 4/27/10 notice date. Mailed notice (kef, ) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

RECAP
75

MEMORANDUM in support of amended motion for class certification 76 by plaintiffs (Flaxman, Kenneth) Modified on 5/11/2010 (vmj, ). (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

RECAP
76

MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski to certify class [amended] (Flaxman, Kenneth) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

RECAP
77

MINUTE entry before Honorable Maria Valdez:Settlement conference held on 5/11/2010. Plaintiffs did not attend although plaintiffs' counsel was present. No settlement reached at this time. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Honorable Maria Valdez no longer referred to the case.Mailed notice (yp, ) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

RECAP
78

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for sanctions (Smith, Patrick) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

RECAP
79

NOTICE of Motion by Patrick Stephen Smith for presentment of motion for attorney's fees 78 before Honorable Maria Valdez on 5/27/2010 at 9:45 AM. (Smith, Patrick) Modified on 5/19/2010 (vmj, ). (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

RECAP
80

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski to certify class [amended] 76 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Smith, Patrick) (Entered: 05/28/2010)

1 Exhibit 1

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

May 28, 2010

May 28, 2010

RECAP
81

NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion 80 Notice of Filing (Smith, Patrick) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
84

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Maria Valdez pursuant to Local Rule 72.1signed by Executive Committee on 6/1/2010.(vmj, ) (Entered: 06/03/2010)

June 1, 2010

June 1, 2010

RECAP
82

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for attorneys fees (Smith, Patrick) Modified on 6/4/2010 (vmj, ). (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

RECAP
83

NOTICE of Motion by Patrick Stephen Smith for presentment of motion for attorneys fees 82 before Honorable Maria Valdez on 6/9/2010 at 09:45 AM. (Smith, Patrick) Modified on 6/4/2010 (vmj, ). (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
85

MINUTE entry before Honorable Amy J. St. Eve: Defendants' motion for attorneys' fees 78 is denied as moot in light of the refiling of the same motion at doc. 82. The referral should remain open for the motion at doc. 82. Mailed notice (kef, ) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
86

MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski to disqualify counsel Patrick S. Smith (Flaxman, Kenneth) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

RECAP
87

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to disqualify counsel 86 before Honorable Amy J. St. Eve on 6/17/2010 at 08:30 AM. (Flaxman, Kenneth) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
88

REPLY memorandum by plaintiffs' in Support of Amended Motion for class certification 76 (Flaxman, Kenneth) Modified on 6/9/2010 (vmj, ). (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

RECAP
89

MINUTE entry before Honorable Maria Valdez:Motion hearing held on 6/9/2010 regarding MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for attorneys fees 82 . The Court enters the following briefing schedule: Response by 7/7/2010. Replies due by 7/14/2010. Report and recommendation to be issue by mail. Mailed notice (yp, ) (Entered: 06/09/2010)

June 9, 2010

June 9, 2010

RECAP
90

MEMORANDUM IN OPPOSITION to plaintiffs' motion to disqualify Attorney Patrick S. Smith 86 by defendants'. (Smith, Patrick) (Text Modified on 6/15/2010 (vmj, ). (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

RECAP
91

NOTICE of filing by defendants' re MEMORANDUM IN OPPOSITION to motion 90 . (Smith, Patrick) Modified on 6/15/2010 (vmj, ). (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
92

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 6/17/2010 and continued to 8/19/2010 at 08:30 AM. Plaintiffs' motion to disqualify counsel 86 is entered. Ruling by mail. Plaintiffs' expert report by 7/12/10. Defendants' expert report by 8/27/10. All expert discovery to be completed by 9/24/10. Mailed notice (kef, ) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
93

MINUTE entry before Honorable Amy J. St. Eve: The Court denies Plaintiffs' motion to disqualify counsel 86 . [For further details see minute order.] Mailed notice (kef, ) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

RECAP
94

MOTION by Plaintiffs to reconsider order of 6/17/2010 93 (Flaxman, Kenneth) Modified on 6/18/2010 (vmj, ). (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

RECAP
95

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to reconsider 94 before Honorable Amy J. St. Eve on 7/1/2010 at 08:30 AM. (Flaxman, Kenneth) Modified on 6/18/2010 (vmj, ). (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
96

MINUTE entry before Honorable Amy J. St. Eve: Plaintiffs' motion to reconsider 94 is denied. No appearance is required on the 7/1/10 notice date. Mailed notice (kef, ) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

RECAP
97

MINUTE entry before Honorable Amy J. St. Eve: The Court grants Plaintiffs' Second Motion for Class Certification 76 . The Court will not entertain any motions for reconsideration as to this order because the parties have had ample opportunity to make their arguments. [For further details see minute order.] Mailed notice (kef, ) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

RECAP
98

MEMORANDUM by plaintiffs in Opposition to motion for attorney fees 82 (Flaxman, Kenneth) Modified on 7/8/2010 (vmj, ). (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

RECAP
99

REPLY by defendants' to plaintiff's motion in opposition to motion for attorney fees 82 (Smith, Patrick) Modified on 8/12/2010 (vmj, ). (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

RECAP
100

NOTICE by defendants re 99 (Smith, Patrick) Modified on 8/12/2010 (vmj, ). (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
101

MOTION by Plaintiffs Simone Jackson, Catherine Zaborowski for extension of time for expert disclosures [AGREED] (Flaxman, Kenneth) (Entered: 07/11/2010)

July 11, 2010

July 11, 2010

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 4, 2008

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were women in the custody of the Sheriff of Cook County immediately before, during, and after she gave birth.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Cook County (Cook), County

Cook County (Cook), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $41,000,000

Issues

General:

Conditions of confinement

Restraints : physical

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Mental health care, general

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Government-run