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

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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 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.

	Document
1:09-cv-00529	Docket [PACER]	Nov. 6, 2019	Nov. 6, 2019 Docket
1 1:09-cv-00529	Complaint	Jan. 27, 2009	Jan. 27, 2009 Complaint
35 1:09-cv-00529	Second Amended 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

ECF Number	Description	Date	Link Date / Link
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	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 View on PACER 3 Appendix Exhibits 12-15 View on PACER 4 Certificate of Service View on PACER	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 View on PACER 3 Exhibit Smith's Rule 23(f) petition to appeal View on PACER 4 Exhibit Wrightsell's Rule 23(f) petition to appeal View on PACER 5 Exhibit 7th Cir. order denying Smith's petition View on PACER 6 Exhibit 7th Cir. order denying Wrightsell's petition View on PACER 7 Exhibit Defendants' response to Smith's Rule 23(f) petition View on PACER 8 Exhibit Defendants' response to Wrightsell's Rule 23(f) petition View on PACER	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

Case: Smentek v. Sheriff of Cook County

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

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