Case: Smentek v. Sheriff of Cook County

1:09-cv-00529 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 27, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 27, 2009, current and former detainees at the Cook County Jail (CCJ), in Chicago, filed this class action lawsuit against Cook County and the Sheriff of Cook County in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought certification of two sub-classes: "all inmates housed at Cook County Department of Corrections on or after January 1, 2007, who have made a written request for dental care because …

On January 27, 2009, current and former detainees at the Cook County Jail (CCJ), in Chicago, filed this class action lawsuit against Cook County and the Sheriff of Cook County in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought certification of two sub-classes: "all inmates housed at Cook County Department of Corrections on or after January 1, 2007, who have made a written request for dental care because of acute pain and who suffered prolonged and unnecessary pain because of lack of treatment" and "all persons presently confined at the Cook County Jail who are experiencing dental pain and who have waited more than seven days after making a written request for treatment of that pain without having been examined by a dentist." For the first class, the plaintiffs sought monetary relief. For the second class, the plaintiffs sought both monetary and injunctive relief. The plaintiffs alleged that the Jail's failure to provide adequate dental care constituted deliberate indifference to their medical needs in violation of their constitutional rights. The case was assigned to Judge Joan H. Lefkow.

On November 18, 2010, the judge certified the second class of plaintiffs while denying the first class's certification. 2010 WL 4791509. Other judges in the same district had denied class certification in similar circumstances, and defendants (and the court) cited principles of comity to support denial of certification in this case. The plaintiffs moved for reconsideration of this denial, citing recent Supreme Court case law. On August 17, 2011, the judge granted this motion and certified both sub-classes. 2011 WL 13136965.

The defendants then appealed the August 17 decision to the U.S. Court of Appeals for the Seventh Circuit. The sole issue on appeal was if a district court, when deciding a motion for class certification, should defer, based on the principles of comity, to a sister court's ruling of on a motion for certification of a similar case. On June 19, 2012, the Court of Appeals affirmed the district court's grant of class certification by holding that another federal district judge's rulings on class certification was not preclusive. 683 F.3d 373.

On December 22, 2014, the district court issued an opinion decertifying the injunctive class, rendering the plaintiff's request for a permanent injunction moot. 2014 WL 7330792. The court also modified the definition of the damages class, narrowing it in a way to be determined at a later date. The court noted that positive changes in the provision of dental services at CCJ had made it so that injunctive relief would be so vague as to be pointless or too detailed to be practical. The plaintiffs immediately appealed the decision to deny the injunction to the Court of Appeals and moved to sub-divide the class to address the issues perceived by the court.

The defendants also filed a motion for an interlocutory appeal of the decision not to decertify the damages class, but it was denied by the Seventh Circuit on February 25, 2015. On July 6, 2016, the Seventh Circuit denied the plaintiffs' appeal of the decertification and renewed request for injunctive relief. 828 F.3d 541.

On October 13, 2016, Judge Lefkow denied the plaintiff's motion to sub-divide the class and strongly suggested that settlement would be appropriate. 2016 WL 5939704.

Then, after many months of negotiations, the parties reached a settlement agreement and moved for preliminary approval of the agreement on May 1, 2018. The agreement required that the defendant County establish a settlement fund in the amount of $5,563,000 to cover damages for class members associated with their dental care, incentive awards, fees and costs of counsel, resolution of three separate lawsuits, and administration of this settlement. The court was to retain jurisdiction to ensure compliance with the agreement. After a fairness hearing on August 21, 2018, the court approved the settlement.

As of April 9, 2020, the case remains open for the purposes of enforcement.

Summary Authors

Renita Khanduja (6/22/2012)

Micah Telegen (3/3/2017)

Jake Parker (6/25/2018)

Alex Moody (4/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4258695/parties/smentek-v-sheriff-of-cook-county/


Judge(s)

Brown, Geraldine Soat (Illinois)

Kanne, Michael Stephen (Indiana)

Lefkow, Joan Humphrey (Illinois)

Posner, Richard Allen (Illinois)

Ripple, Kenneth Francis (Indiana)

Tinder, John Daniel (Indiana)

Weisman, M. David (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Judge(s)

Brown, Geraldine Soat (Illinois)

Kanne, Michael Stephen (Indiana)

Lefkow, Joan Humphrey (Illinois)

Posner, Richard Allen (Illinois)

Ripple, Kenneth Francis (Indiana)

Tinder, John Daniel (Indiana)

Weisman, M. David (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Cargie, Thomas E. (Illinois)

Catania, Francis J. (Illinois)

Condron, David Richard (Illinois)

Cummings, Nicholas E. (Illinois)

Davenport, Elaine Cindy (Illinois)

Dombrowski, Gerald Michael (Illinois)

Gallagher, Michael L. (Illinois)

Hannon, Maureen O'Donoghue (Illinois)

Huff, Andrea Lynn (Illinois)

Kasparie, Alexander James (Illinois)

Navarro, Sandra A. (Illinois)

Patterson, Chaka M. (Illinois)

Raines, Shawnte Miaundra (Illinois)

Sanchez, Yifan Xu (Illinois)

Shev, Nathan Andrew (Illinois)

Stein, Cathy McNeil (Illinois)

Warner, Michael D. (Illinois)

Zecchin, Anthony E. (Illinois)

Other Attorney(s)

Hogan, Albert Lee (Illinois)

Shew, Nathan Andrew (Illinois)

Documents in the Clearinghouse

Document

1:09-cv-00529

Docket [PACER]

Nov. 6, 2019

Nov. 6, 2019

Docket
35

1:09-cv-00529

Second Amended Complaint

Jan. 27, 2009

Jan. 27, 2009

Complaint
1

1:09-cv-00529

Complaint

Jan. 27, 2009

Jan. 27, 2009

Complaint
68

1:09-cv-00529

Opinion and Order

Nov. 18, 2010

Nov. 18, 2010

Order/Opinion
93

1:09-cv-00529

Opinion and Order

Aug. 17, 2011

Aug. 17, 2011

Order/Opinion

11-03261

Opinion (7th Cir.)

Smentek v. Dart

U. S. Court of Appeals for the Seventh Circuit

June 19, 2012

June 19, 2012

Order/Opinion
157

1:09-cv-00529

Memorandum Opinion and Order

June 11, 2013

June 11, 2013

Order/Opinion
233

1:09-cv-00529

Memorandum Opinion and Order

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
391

1:09-cv-00529

Order

Dec. 22, 2014

Dec. 22, 2014

Order/Opinion
390

1:09-cv-00529

Opinion and Order

Dec. 22, 2014

Dec. 22, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4258695/smentek-v-sheriff-of-cook-county/

Last updated Aug. 26, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link

summons issued

Jan. 27, 2009

Jan. 27, 2009

PACER
1

COMPLAINT filed by John Smentek; Jury Demand. (tlm) (Entered: 01/28/2009)

Jan. 27, 2009

Jan. 27, 2009

RECAP
2

CIVIL Cover Sheet. (tlm) (Entered: 01/28/2009)

Jan. 27, 2009

Jan. 27, 2009

PACER
3

ATTORNEY Appearance for Plaintiff John Smentek by Kenneth N Flaxman. (tlm) (Entered: 01/28/2009)

Jan. 27, 2009

Jan. 27, 2009

PACER
4

ATTORNEY Appearance for Plaintiff John Smentek by Thomas Gerard Morrissey. (tlm) (Entered: 01/28/2009)

Jan. 27, 2009

Jan. 27, 2009

PACER

SUMMONS issued, 2 originals, as to Defendants Sheriff of Cook County and Cook County, Illinois. (tlm)

Jan. 27, 2009

Jan. 27, 2009

PACER
6

ALIAS SUMMONS issued, 1 original, as to Defendant Sheriff of Cook County. (tlm) (Entered: 02/06/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
7

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing set for 4/7/2009 at 09:30 AM.Mailed notice (mad, ) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
8

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Michael L. Gallagher (Gallagher, Michael) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

PACER
9

ANSWER to Complaint with Jury Demand by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

PACER
10

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to complaint 9 (Gallagher, Michael) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

PACER
11

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing reset for 4/21/2009 at 09:30 AM by agreement.Telephoned notice (mad, ) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
12

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 4/21/2009 and continued to 5/26/2009 at 09:30 AM. Mailed notice (mad, ) (Entered: 04/22/2009)

April 21, 2009

April 21, 2009

PACER
13

MOTION by Plaintiff John Smentek to certify class (Attachments: # 1 Appendix Exhibits 1-11, # 2 Appendix Exhibits 12-15, # 3 Certificate of Service)(Flaxman, Kenneth) (Entered: 05/25/2009)

2 Appendix Exhibits 1-11

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3 Appendix Exhibits 12-15

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4 Certificate of Service

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May 25, 2009

May 25, 2009

PACER
14

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 5/26/2009. Response to plaintiff's motion to certify class 13 due by 6/23/2009; reply due by 7/14/2009; ruling will issue by mail.Mailed notice (mad, ) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

PACER
15

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to certify class 13 (Gallagher, Michael) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

PACER
16

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to certify class 13 (Attachments: # 1 Exhibit Plaintiff's motion for class certification, # 2 Exhibit Smith's Rule 23(f) petition to appeal, # 3 Exhibit Wrightsell's Rule 23(f) petition to appeal, # 4 Exhibit 7th Cir. order denying Smith's petition, # 5 Exhibit 7th Cir. order denying Wrightsell's petition, # 6 Exhibit Defendants' response to Smith's Rule 23(f) petition, # 7 Exhibit Defendants' response to Wrightsell's Rule 23(f) petition)(Gallagher, Michael) (Entered: 06/25/2009)

2 Exhibit Plaintiff's motion for class certification

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3 Exhibit Smith's Rule 23(f) petition to appeal

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4 Exhibit Wrightsell's Rule 23(f) petition to appeal

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5 Exhibit 7th Cir. order denying Smith's petition

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6 Exhibit 7th Cir. order denying Wrightsell's petition

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7 Exhibit Defendants' response to Smith's Rule 23(f) petition

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8 Exhibit Defendants' response to Wrightsell's Rule 23(f) petition

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June 25, 2009

June 25, 2009

PACER
17

NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion,, 16 (Gallagher, Michael) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

PACER
18

MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification (Flaxman, Kenneth) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
19

MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification [CORRECTED] (Flaxman, Kenneth) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
20

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 19 before Honorable Joan H. Lefkow on 7/16/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
21

MINUTE entry before the Honorable Joan H. Lefkow: Motion hearing held on 7/16/2009 and continued to 7/30/2009 at 9:30 A.M. for ruling on motion to add plaintiffs and for leave to file amended complaint and amended motion for class certificaton 19 . Plaintiff's motion to add plaintiffs... 19 is entered. Defendants' response to motion to add plaintiffs... 19 to be filed by 7/23/2009. Mailed notice (ldg, ) (Entered: 07/16/2009)

July 16, 2009

July 16, 2009

PACER
22

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff John Smentek to add plaintiffs and for leave to file amended complaint and amended motion for class certification [CORRECTED] 19 (Gallagher, Michael) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
23

NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion 22 (Gallagher, Michael) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
24

AMENDED complaint by Malcolm Patton, Melvin Phillips, John Smentek against all defendants (Flaxman, Kenneth) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
25

MOTION by Plaintiffs John Smentek, Malcolm Patton, Melvin Phillips to certify class [amended] (Flaxman, Kenneth) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
26

MINUTE entry before the Honorable Joan H. Lefkow:Court ruled on plaintiffs motion.... 19 . Plaintiffs motion to add plaintiffs and for leave to file amended complaint and amended motion for class certification 19 is granted. (Duplicate motion 18 is moot.) Defendants to answer or otherwise plead to amended complaint 19 on or before 8/20/2009. Mailed notice (ef, ) (Entered: 08/03/2009)

July 30, 2009

July 30, 2009

PACER
27

ANSWER to amended complaint by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
28

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 27 (Gallagher, Michael) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
29

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing set for 9/8/2009 at 10:00 AM.Mailed notice (mad, ) (Entered: 08/27/2009)

Aug. 27, 2009

Aug. 27, 2009

PACER
30

MOTION by Plaintiff Melvin Phillips for leave to file supplement to complaint and to amend proposed class definition (Flaxman, Kenneth) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
31

MOTION by Plaintiff Melvin Phillips for temporary restraining order and to set hearing on application for preliminary injunction (Flaxman, Kenneth) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
32

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for leave to file 30 before Honorable Joan H. Lefkow on 9/10/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
33

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for temporary restraining order 31 before Honorable Joan H. Lefkow on 9/10/2009 at 09:30 AM. (Flaxman, Kenneth) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
34

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 9/8/2009 and continued to 9/17/2009 at 10:00 AM. Plaintiff's motion for temporary restraining order 31 is continued to 9/17/2009 at 10:00 AM. Plaintiff's motion for leave to file supplement to complaint and to amend proposed class definition 30 is granted. Plaintiff shall file amended complaint by 9/9/2009; defendant to answer or otherwise plead by 9/23/2009. Defendant's oral motion to extend time to 10/6/2009 to respond to plaintiff's amended motion for class certification 27 is granted. Mailed notice (mad, ) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER
35

SECOND AMENDED complaint by John Smentek, Malcolm Patton, Melvin Phillips against all defendants (Flaxman, Kenneth) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER
36

MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 9/17/2009 regarding plaintiff's motion for temporary restraining order 31 held and continued to 9/29/2009 at 09:30 AM. Status hearing held on 9/17/2009. Scheduling Conference set for 10/22/2009 at 09:30 AM.Mailed notice (mad, ) (Entered: 09/22/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
37

ANSWER to amended complaint Second amended by Sheriff of Cook County, Cook County, Illinois(Gallagher, Michael) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
38

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 37 (Gallagher, Michael) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
39

MINUTE entry before the Honorable Joan H. Lefkow:Plaintiff's motion hearing for temporary restraining order and to set hearing on application for preliminary injunction 31 reset for 10/22/2009 at 09:30 AM by agreement.Telephoned notice (mad, ) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
40

RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois to motion to certify class 25 (Attachments: # 1 Exhibit I, Plaintiff's Motion for Class Certification, # 2 Exhibit II, Permission to Appeal, # 3 Exhibit III, Permission to Appeal, # 4 Exhibit IV, Smith Order, # 5 Exhibit V, Wrightsell Order, # 6 Exhibit VI, Defendants Response (Smith), # 7 Exhibit VII, Defendants Response (Wrightsell), # 8 Exhibit VIII, Duran Consent Decree, # 9 Exhibit IX, John Howard Association Monitor Report, # 10 Exhibit X, Townsend Affidavit)(Gallagher, Michael) (Entered: 10/07/2009)

2 Exhibit I, Plaintiff's Motion for Class Certification

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3 Exhibit II, Permission to Appeal

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4 Exhibit III, Permission to Appeal

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5 Exhibit IV, Smith Order

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6 Exhibit V, Wrightsell Order

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7 Exhibit VI, Defendants Response (Smith)

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8 Exhibit VII, Defendants Response (Wrightsell)

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9 Exhibit VIII, Duran Consent Decree

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10 Exhibit IX, John Howard Association Monitor Report

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11 Exhibit X, Townsend Affidavit

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Oct. 7, 2009

Oct. 7, 2009

PACER
41

RESPONSE by Defendants Sheriff of Cook County, Cook County, Illinois CORRECTED (Attachments: # 1 Exhibit I, Plaintiff's Motion for Class Certification, # 2 Exhibit II, Permission to Appeal, # 3 Exhibit III, Permission to Appeal, # 4 Exhibit IV, Smith Order, # 5 Exhibit V, Wrightsell Order, # 6 Exhibit VI, Defendants' Response (Smith), # 7 Exhibit VII, Defendants' Response (Wrightsell), # 8 Exhibit VIII, Duran Consent Decree, # 9 Exhibit IX, John Howard Association Monitor Report, # 10 Exhibit X, Townsend Affidavit)(Gallagher, Michael) (Entered: 10/08/2009)

2 Exhibit I, Plaintiff's Motion for Class Certification

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3 Exhibit II, Permission to Appeal

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4 Exhibit III, Permission to Appeal

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5 Exhibit IV, Smith Order

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6 Exhibit V, Wrightsell Order

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7 Exhibit VI, Defendants' Response (Smith)

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8 Exhibit VII, Defendants' Response (Wrightsell)

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9 Exhibit VIII, Duran Consent Decree

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10 Exhibit IX, John Howard Association Monitor Report

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11 Exhibit X, Townsend Affidavit

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Oct. 8, 2009

Oct. 8, 2009

PACER
42

NOTICE by Sheriff of Cook County, Cook County, Illinois (Gallagher, Michael) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER
43

MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 10/22/2009. Plaintiff's motion for temporary restraining order and to set hearing on application for preliminary injunction 31 is withdrawn. Reply in support of plaintiff's motion to certify class 25 is due by 11/17/2009. Status hearing held on 10/22/2009 and continued to 11/17/2009 at 09:30 AM. Mailed notice (mad, ) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
44

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 11/17/2009 and continued to 1/14/2010 at 09:30 AM. Mailed notice (mad, ) (Entered: 11/18/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
45

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 1/14/2010 and continued to 4/1/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
46

MINUTE entry before Honorable Joan H. Lefkow:Plaintiffs' motion for class certification 25 is denied without prejudice subject to refiling after the Court of Appeals rules in Wrightsell v. Cook County, No. 09-2634.Mailed notice (mad, ) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
47

MINUTE entry before Honorable Joan H. Lefkow:The time of the status hearing on 4/1/2010 is reset to 08:30 AM.Mailed notice (mad, ) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
48

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 4/1/2010. Plaintiff given leave to add additional plaintiffs and file motion for leave to file amended complaint and motion for class certification with agreed briefing schedule by 5/20/2010.Mailed notice (mad, ) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
49

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, John Smentek, Rodell Sanders, Frank Powicki to amend/correct amended complaint 35 [third amended complaint] (Flaxman, Kenneth) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
50

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class (Attachments: # 1 Exhibit all exhibits)(Flaxman, Kenneth) (Entered: 05/20/2010)

2 Exhibit all exhibits

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May 20, 2010

May 20, 2010

PACER
51

MINUTE entry before Honorable Joan H. Lefkow:Enter agreed briefing schedule as to plaintiffs' motion to certify class 50, and plaintiffs' motion for leave to file third amended complaint 49 ; responses due by 6/17/2010; replies due by 7/1/2010; ruling will issue by mail.Mailed notice (mad, ) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
52

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for extension of time to file response/reply as to motion to certify class 50 (Gallagher, Michael) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
53

NOTICE of Motion by Michael L. Gallagher for presentment of motion for extension of time to file response/reply, motion for relief 52 before Honorable Joan H. Lefkow on 6/17/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
54

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion 52 for extension of time to 7/1/2010 to file response to motion to certify class 50 is granted. Reply due by 7/15/2010.Mailed notice (mad, ) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
55

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class 50 (Attachments: # 1 Exhibit Plaintiffs' Third Amended Motion for class certification, # 2 Exhibit Smith's 23(f) Petition to appeal, # 3 Exhibit Wrightsell's 23(f) Petition to appeal, # 4 Exhibit 7th Circuit's order on Smith's Petition, # 5 Exhibit 7th Circuit's order on Wrightsell's Petition, # 6 Exhibit Defendants' Response to Smith's Petition, # 7 Exhibit Defendants' Response to Wrightsell's Petition, # 8 Exhibit CRIPA Agreed Order, # 9 Exhibit CRIPA Complaint, # 10 Exhibit Dr. Townsend's Affidavit)(Gallagher, Michael) (Entered: 07/01/2010)

2 Exhibit Plaintiffs' Third Amended Motion for class certification

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3 Exhibit Smith's 23(f) Petition to appeal

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4 Exhibit Wrightsell's 23(f) Petition to appeal

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5 Exhibit 7th Circuit's order on Smith's Petition

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6 Exhibit 7th Circuit's order on Wrightsell's Petition

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7 Exhibit Defendants' Response to Smith's Petition

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8 Exhibit Defendants' Response to Wrightsell's Petition

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9 Exhibit CRIPA Agreed Order

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10 Exhibit CRIPA Complaint

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11 Exhibit Dr. Townsend's Affidavit

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July 1, 2010

July 1, 2010

PACER
56

NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion,,, 55 (Gallagher, Michael) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
57

REPLY by Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to response in opposition to motion,,, 55 for class certification (Flaxman, Kenneth) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
58

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to supplement memorandum in support of motion for class certification (Flaxman, Kenneth) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
59

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to supplement 58 before Honorable Joan H. Lefkow on 7/29/2010 at 08:30 AM. (Flaxman, Kenneth) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
60

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for leave to file supplemental memorandum in support of motion for class certification 58 is granted.Mailed notice (mad, ) (Entered: 07/30/2010)

July 29, 2010

July 29, 2010

PACER
61

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class 50 Supplemental (Attachments: # 1 Exhibit Portis v. City of Chicago Opinion)(Gallagher, Michael) (Entered: 08/02/2010)

2 Exhibit Portis v. City of Chicago Opinion

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Aug. 2, 2010

Aug. 2, 2010

PACER
62

NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion, 61 (Gallagher, Michael) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
63

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for leave to file third amended complaint 49 is granted.Mailed notice (mad, ) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
64

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County to supplement their response to Plaintiffs' motion for class certification (Attachments: # 1 Exhibit 7th Circuit Opinion in Thorogood v. Sears Roebuck)(Gallagher, Michael) (Entered: 11/10/2010)

1 Exhibit 7th Circuit Opinion in Thorogood v. Sears Roebuck

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Nov. 10, 2010

Nov. 10, 2010

PACER
65

NOTICE of Motion by Michael L. Gallagher for presentment of motion to supplement, 64 before Honorable Joan H. Lefkow on 11/16/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
66

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion 64 for leave to file a supplemental response to plaintiffs' third amended motion for class certification is granted.Mailed notice (mad, ) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
67

MINUTE entry before Honorable Joan H. Lefkow:Enter Opinion and Order. For the reasons stated in the Opinion and Order, plaintiffs' motion for class certification 50 is granted in part and denied in part. The court certifies a class under Rule 23(b)(2) defined as: All persons presently confined at the Cook County Jail who are experiencing dental pain and who have waited more than seven days after making a written request for treatment of that pain without having been examined by a dentist. Status is set for December 16, 2010 at 8:30 a.m. Plaintiffs' counsel will be expected to report on what relief he believes would be available that has not been achieved in United States v. Cook County, Case No.10 C 2946.Mailed notice (mad, ) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
68

OPINION AND ORDER Signed by the Honorable Joan H. Lefkow on 11/18/2010:Mailed notice(mad, ) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

RECAP
69

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for reconsideration regarding memorandum opinion and order 68 (Gallagher, Michael) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
70

NOTICE of Motion by Michael L. Gallagher for presentment of motion for reconsideration, motion for relief 69 before Honorable Joan H. Lefkow on 12/16/2010 at 08:30 AM. (Gallagher, Michael) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
71

EXHIBIT by Defendants Cook County, Illinois, Sheriff of Cook County regarding MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for reconsideration regarding memorandum opinion and order 68 69 (Attachments: # 1 Exhibit District Court's Opinion, # 2 Exhibit CRIPA Agreed Order, # 3 Exhibit CRIPA Complaint)(Gallagher, Michael) (Entered: 12/06/2010)

1 Exhibit District Court's Opinion

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2 Exhibit CRIPA Agreed Order

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3 Exhibit CRIPA Complaint

View on PACER

Dec. 6, 2010

Dec. 6, 2010

PACER
72

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion for reconsideration 69 and status hearing reset for 1/13/2011 at 08:30 AM by agreement.Mailed notice (mad, ) (Entered: 12/17/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
73

MOTION by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to certify class [RENEWED] (Flaxman, Kenneth) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
74

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 73 before Honorable Joan H. Lefkow on 1/13/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
75

MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held. Defendant's motion to reconsider 69 denied. Plaintiff's renewed motion for class certification 73 is denied. Status hearing held on 1/13/2011 and continued to 2/18/2011 at 01:30 PM.Mailed notice (mad, ) (Entered: 01/14/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
76

MINUTE entry before Honorable Joan H. Lefkow:Status conference and settlement conference held in chambers on 2/18/2011. Status hearing set for 4/19/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 02/22/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
77

MOTION by Plaintiff John Smentek for preliminary injunction schedule (Flaxman, Kenneth) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

RECAP
78

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for preliminary injunction 77 before Honorable Joan H. Lefkow on 4/21/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
79

MINUTE entry before Honorable Joan H. Lefkow: Status hearing of 4/19/2011 reset for 4/21/2011 at 08:30 AM by agreement.Mailed notice (mad, ) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
80

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiff John Smentek for preliminary injunction schedule 77 (Attachments: # 1 Exhibit)(Gallagher, Michael) (Entered: 04/20/2011)

1 Exhibit

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April 20, 2011

April 20, 2011

PACER
81

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion for preliminary injunction 77 is withdrawn. Status hearing held on 4/21/2011 and continued to 7/14/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 04/22/2011)

April 21, 2011

April 21, 2011

PACER
82

MOTION by Plaintiff John Smentek for reconsideration regarding order on motion to certify class, set/reset hearings,,,,,, 67 (Flaxman, Kenneth) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
83

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for reconsideration, motion for relief, 82 before Honorable Joan H. Lefkow on 6/23/2011 at 08:30 AM. (Flaxman, Kenneth) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
84

MINUTE entry before Honorable Joan H. Lefkow:Response to plaintiff's motion for reconsideration of order denying Rule 23(b)(3) certification 82 due by 7/8/2011; reply due by 7/15/2011; ruling will issue by mail.Mailed notice (mad, ) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
85

MOTION by Defendants Cook County, Illinois, Sheriff of Cook County for extension of time to file response/reply as to motion for reconsideration, motion for relief, 82 (Gallagher, Michael) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
86

NOTICE of Motion by Michael L. Gallagher for presentment of motion for extension of time to file response/reply, motion for relief 85 before Honorable Joan H. Lefkow on 7/7/2011 at 08:30 AM. (Gallagher, Michael) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
87

MINUTE entry before Honorable Joan H. Lefkow:Defendants' motion for extension of time to 7/29/2011 to file response to motion to reconsider 85 is granted. Reply will be due by 8/5/2011.Mailed notice (mad, ) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
88

MINUTE entry before Honorable Joan H. Lefkow: Status hearing of 7/14/2011 stricken and reset for 9/8/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER
89

RESPONSE by Cook County, Illinois, Sheriff of Cook Countyin Opposition to MOTION by Plaintiff John Smentek for reconsideration regarding order on motion to certify class, set/reset hearings,,,,,, 67 82 (Attachments: # 1 Exhibit Court's order denying class certification, # 2 Exhibit Plaintiffs' motion to reconsider)(Gallagher, Michael) (Entered: 07/29/2011)

1 Exhibit Court's order denying class certification

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2 Exhibit Plaintiffs' motion to reconsider

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July 29, 2011

July 29, 2011

PACER
90

NOTICE by Cook County, Illinois, Sheriff of Cook County re response in opposition to motion, 89 (Gallagher, Michael) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
91

REPLY by Plaintiffs Malcolm Patton, Melvin Phillips, Frank Powicki, Rodell Sanders, John Smentek to response in opposition to motion, 89 (Flaxman, Kenneth) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
92

MINUTE entry before Honorable Joan H. Lefkow: Pursuant to Opinion and Order, dated 8/17/2011, The motion for certification of a class under Rule 23(b)(3) is granted. This case will be called for a status hearing and scheduling conference on September 8, 2011 at 8:30. The parties should have a proposed class notice prepared and a schedule that is focused on bringing this aging case to as expeditious a conclusion as practicable. Mailed notice. [For further detail see separate order(s).] (ea, ) (Entered: 08/19/2011)

Aug. 17, 2011

Aug. 17, 2011

PACER
93

OPINION AND ORDER, Signed by the Honorable Joan H. Lefkow on 8/17/2011.(ea, ) (Entered: 08/19/2011)

Aug. 17, 2011

Aug. 17, 2011

RECAP
94

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 9/8/2011. Class to be identified by 11/10/2011. Scheduling conference and status hearing set for 11/17/2011 at 08:30 AM.Mailed notice (mad, ) (Entered: 09/09/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
95

CERTIFIED Copy of Order from the Seventh Circuit 11-8022: It Is Ordered that the petition is Granted to the extent that the court will permit an appeal on the sole issue that follows: when should a district court on deciding a motion for class certification defer, based on the principles of comity, to a sister court's ruling on a motion for certification of a similar class. See Smith v. Bayer Corp., 131 S. Ct. 2368, 2382 (2011). Petitioners shall pay the required appellate fees to the clerk of the district within 14 days from the entry of this order pursuant to Federal Rule of Appellate Procedure 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on this court's general docket and briefing will be set. (Entered: 09/19/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
97

PURSUANT USCA order dated 10/4/11 this document is being filed as a NOTICE of appeal by Thomas J. Dart, Sheriff of Cook Co. regarding orders 92, 93 Filing fee $ 455.00. Receipt # 4624067658. (dj, ) Modified on 10/5/2011 (dj, ). (Entered: 10/05/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
98

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
99

TRANSMITTED to the 7th Circuit the short record on notice of appeal 97 . Notified counsel (dj, ) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
100

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 97 ; USCA Case No. 11-3261. (tlm) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER

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: Jan. 27, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates in the Cook County Jail, on or after Jan. 1, 2007, who have requested but did not receive dental care.

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, IL), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

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: $5,563,000

Issues

Medical/Mental Health:

Dental care

Type of Facility:

Government-run