Case: United States v. Cook County

1:10-cv-02946 | U.S. District Court for the Northern District of Illinois

Filed Date: May 13, 2010

Closed Date: June 26, 2018

Clearinghouse coding complete

Case Summary

On February 17, 2007, the United States Department of Justice, Civil Rights Division (DOJ), opened an investigation of the Cook County Jail, under the Civil Rights of Institutionalized Persons Act (CRIPA). In July 2007, the DOJ conducted on-site inspections of the jail, interviewing staff and inmates, and on August 3, 2007, the DOJ notified jail officials of potentially life-threatening deficiencies at the jail, including grossly unsanitary conditions and inadequate emergency key precautions, …

On February 17, 2007, the United States Department of Justice, Civil Rights Division (DOJ), opened an investigation of the Cook County Jail, under the Civil Rights of Institutionalized Persons Act (CRIPA). In July 2007, the DOJ conducted on-site inspections of the jail, interviewing staff and inmates, and on August 3, 2007, the DOJ notified jail officials of potentially life-threatening deficiencies at the jail, including grossly unsanitary conditions and inadequate emergency key precautions, which the jail immediately began to improve. As DOJ continued to investigate, its lawyers found a series of serious problems with the jail. For example, in one case, an inmate left untreated for a gunshot wound developed sepsis and died. Another inmate's medical problems went untreated, causing him to eventually need an amputation. Just one dentist served 9,800 inmates, and he only dealt in extractions. Indeed, the investigators found that twenty-five percent of the dental procedures result in infection.

On July 11, 2008, the DOJ issued a 98-page findings letter detailing its conclusion that the jail was operating to deprive prisoners of their constitutional rights in many respects. The DOJ and the county then negotiated a settlement to the matter, and on May 13, 2010, DOJ filed its formal complaint and both parties filed a proposed settlement. On May 26, 2010, Judge Virginia M. Kendall issued an agreed order that addressed those problems and appointed four experts in the areas of Corrections, Medical, Mental Health, and Sanitation to monitor Defendants' compliance with the Order, who were to submit reports to the court on a semiannual basis. The proposed settlement contained comprehensive provisions on use of force, protection from harm, medical care, mental health care, sanitation, training, quality assurance/performance improvement, fire and life safety, and improved policies, procedures, and practices. The order would terminate when Defendants have achieved substantial compliance with each of the provisions of the Agreed Order and have maintained Substantial Compliance with the Agreed Order for a period of 18 months.

On May 27, 2010, the Defendants filed a motion for a Prisoner Release Order. In a previous case, Duran v. Sheriff Thomas Dart (case no. 74 C 2949), Judge Shadur had ordered a Prisoner Release Order on March 22, 1983. (Duran is JC-IL-0002 in this Clearinghouse.) That order remained in effect over all the subsequent years. In addition to that order, Judge George M. Marovich, who succeeded Judge Shadur as the U.S. District Court Judge to whom this matter was assigned, entered a transfer order on November 14, 2003, permitting the Cook County Department of Corrections (CCDOC) to transfer to the Illinois Department of Corrections all persons remanded to the CCDOC who had unexpired terms of imprisonment as a result of being released on a mandatory supervised release order ("Parole").

Despite having years to comply with the previous court orders, the CCDOC still had daily concerns whether a spike in arrests, or some other factor not under the CCDOC's control, would increase the number of inmates beyond the number of living units available. At the time, the daily population at CCDOC exceeded 90% of capacity. Therefore, the Defendants sought to continue the March 22, 1983 Prisoner Release Order entered by Judge Shadur and the November 14, 2003 Order entered by Judge Marovich pursuant to 18 U.S.C. § 3626(a)(3)(C). Defendants asked that the Prisoner Release Order permit the Sheriff to release individuals in such numbers necessary to reduce and relieve overcrowding, thus allowing solutions to the identified constitutional deficiencies.

Under the Prison Litigation Reform Act, 18 U.S.C. § 3626, even if the parties agree, such an order can be entered only by a three-judge district court after certain findings are entered by that court. The requisite findings include: an ongoing violation of constitutional rights, with crowding as the primary source of the constitutional deficiencies, and weighing of public safety concerns.

Pursuant to this statute, a three-judge court was convened. On January 11, 2011, Judge Richard A. Posner, Judge Sharon Johnson Coleman, and Judge Kendall denied the motion for entry of the proposed released order without prejudice, inviting the parties to submit a revised motion consistent with the discussion and directives in their opinion, plus evidence to support an estimate of the number of prisoners expected to be released if a revised order was approved. U.S. v. Cook County, Illinois, 761 F.Supp.2d 794 (N.D. Ill. 2011). The Defendant responded and the Plaintiffs agreed with the revised proposed order. On March 14, 2011, the three Judges stated that the revised proposed order complied with the directives in their opinion and was satisfactory with the exception of the provision stating that the Sheriff "may release detainees in order to reduce the population of CCJ to 85% of its available bed capacity," upon specified conditions. On March 29, 2011, the three Judges approved the modified released order that allowed the release on electronic monitoring of up to 1,500 pretrial detainees to prevent overcrowding and thus reduce the number of potential constitutional violations stemming from overcrowding at CCJ.

On June 13, 2011, Judge Kendall ordered that, by agreement of the parties, the Sheriff of Cook County was authorized to retain Patricia Hardyman, Ph.D. of the Criminal Justice Institute, Inc. in Middletown, Connecticut to consult with and aid the Sheriff in creating a classification system compliant with the Agreed Order entered on May 26, 2010.

The Court monitored the Defendants' compliance with the provisions of the order through reports of assigned monitors and the parties and periodic status conferences. The May 2017 monitoring report marked the first finding of achievement of substantial compliance with all areas of the order.

On May 18, 2017, the DOJ moved to dismiss the Sheriff from the case, finding that the Sheriff and the CCDOC had achieved and sustained substantial compliance with the requirements assigned to the Sheriff under the order. At a June 9, 2017 hearing, Judge Kendall granted a motion to dismiss the Sheriff and lifted formal oversight of the Cook County jail in that respect.

Because other provisions unrelated to the Sheriff still required 18 months of sustained compliance according to the order, limited twice-yearly monitoring continued. The November 2017 monitoring report found continued substantial compliance, marking 6 months of full substantial compliance. In that report, the monitor noted areas for improvement, particularly in regard to healthcare, and noted that in order to maintain substantial compliance regarding access to care, the County must address these areas prior to the next monitoring visit. The May 2018 report highlighted sustained substantial compliance with regards to medical and dental care.

The parties filed a Joint Motion to Dismiss the remaining sections of the agreed order on June 12, 2018. The parties agreed that Cook County achieved and maintained substantial compliance with all of the Agreed Order provisions for which it bore responsibility, and therefore found it appropriate to conclude the Agreed Order. Judge Kendall granted the motion on June 26, 2018. The case is now closed.

Summary Authors

Jessica Kincaid (2/3/2014)

Sarah McDonald (3/24/2018)

Justin Hill (3/16/2020)

Related Cases

Duran v. Elrod, Northern District of Illinois (1974)

Harrington v. Devito, Northern District of Illinois (1974)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4259446/parties/united-states-v-cook-county-illinois/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Kendall, Virginia Mary (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Becker, Grace Chung (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Deutsch, David (District of Columbia)

Fitzgerald, Patrick J. (Illinois)

Holder, Eric H. Jr. (District of Columbia)

Johnson, Patrick Walter (Illinois)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Kendall, Virginia Mary (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Becker, Grace Chung (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Deutsch, David (District of Columbia)

Fitzgerald, Patrick J. (Illinois)

Holder, Eric H. Jr. (District of Columbia)

Johnson, Patrick Walter (Illinois)

Jones, Michelle A. (District of Columbia)

Laser, Joan (Illinois)

Nicholas, Adele D. (Illinois)

Perez, Thomas E. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Sanders, Corey M. (District of Columbia)

Smiddie, Kyle (District of Columbia)

Trainor, Cathleen (District of Columbia)

Attorneys(s) for Defendant

Angell, Darren K. (Illinois)

Castiglione, Paul Anthony (Illinois)

Cavanaugh, Colleen Bernadette (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Duffy, Daniel P. (Illinois)

Gallagher, Daniel Francis (Illinois)

Lanzito, Dominick L. (Illinois)

O'Grady, Paul A (Illinois)

Pechous, Donald J. (Illinois)

Zecchin, Anthony E. (Illinois)

Other Attorney(s)

Solock, Mark W. (Illinois)

Expert/Monitor/Master

Grenawitzke, Harry E. (Michigan)

McCampbell, Susan W. (Florida)

Metzner, Jeffrey L. (Colorado)

Porsa, Esmaeil (Texas)

Documents in the Clearinghouse

Document

1:10-cv-02946

Docket [PACER]

June 12, 2018

June 12, 2018

Docket

1:10-cv-02946

Re: Cook County Jail Chicago, Illinois

No Court

July 11, 2008

July 11, 2008

Findings Letter/Report
1

1:10-cv-02946

Complaint

May 13, 2010

May 13, 2010

Complaint
3-1

1:10-cv-02946

Agreed Order

U.S. v. Cook County, Illinois

May 13, 2010

May 13, 2010

Order/Opinion
11

1:10-cv-02946

Notification of Docket Entry

May 26, 2010

May 26, 2010

Order/Opinion
23

1:10-cv-02946

Statement

2010 WL 3273501

Aug. 17, 2010

Aug. 17, 2010

Order/Opinion
61

1:10-cv-02946

Opinion of Three-Judge District Court

761 F.Supp.2d 794

Jan. 11, 2011

Jan. 11, 2011

Order/Opinion
68

1:10-cv-02946

Order of Three-Judge District Court

March 14, 2011

March 14, 2011

Order/Opinion
70

1:10-cv-02946

Final Order of Three-Judge District Court

March 29, 2011

March 29, 2011

Order/Opinion
85

1:10-cv-02946

Agreed Order

June 13, 2011

June 13, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4259446/united-states-v-cook-county-illinois/

Last updated May 28, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America; (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Patrick) Modified on 5/13/2010 (kj, ). (Entered: 05/13/2010)

1

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2 Exhibit

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3 Exhibit

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May 13, 2010

May 13, 2010

RECAP
2

CIVIL Cover Sheet (Johnson, Patrick) Modified on 5/13/2010 (kj, ). (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Nan R. Nolan. (nsf, )

May 13, 2010

May 13, 2010

PACER
3

MOTION by Plaintiff United States of America for order entering agreed order (Attachments: # 1 Exhibit)(Johnson, Patrick) (Entered: 05/13/2010)

1 Exhibit

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2 Exhibit

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May 13, 2010

May 13, 2010

PACER
4

NOTICE of Motion by Patrick Walter Johnson for presentment of motion for order 3 before Honorable Matthew F. Kennelly on 5/27/2010 at 09:30 AM. (Johnson, Patrick) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
5

ATTORNEY Appearance for Defendants Cook County Board of Commissioners, Cook County, Illinois, Todd H. Stroger, Cook County Board President by Donald J. Pechous (Pechous, Donald) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
6

ATTORNEY Appearance for Defendant Thomas Dart, Cook County Sheriff by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
7

ATTORNEY Appearance for Defendant Thomas Dart, Cook County Sheriff by Paul A OGrady (OGrady, Paul) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
8

ATTORNEY Appearance for Defendants Cook County Board of Commissioners, Cook County, Illinois, Todd H. Stroger, Cook County Board President by Patrick T. Driscoll, Jr (Driscoll, Patrick) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
9

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. (See order for detail.) Signed by Executive Committee on 5/19/2010.(hp, ) (Entered: 05/21/2010)

May 19, 2010

May 19, 2010

PACER
10

ATTORNEY Appearance for Plaintiff United States of America by Kerry Krentler Dean (Dean, Kerry) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
11

MINUTE entry before Honorable Virginia M. Kendall:MOTION by Plaintiff United States of America for order entering agreed order 3 is stricken. Mailed notice (tsa, ) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
12

MINUTE entry before Honorable Virginia M. Kendall: Enter Agreed Order. Mailed (vmj, ) (Entered: 05/27/2010)

May 26, 2010

May 26, 2010

PACER
13

AGREED ORDER Signed by the Honorable Virginia M. Kendall on 5/26/2010.(vmj, ) (Entered: 05/27/2010)

May 26, 2010

May 26, 2010

RECAP
14

MOTION by Defendant Thomas Dart for Entry of a Prisoner Release Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gallagher, Daniel) (Entered: 05/27/2010)

2 Exhibit A

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3 Exhibit B

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May 27, 2010

May 27, 2010

PACER
15

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 14 before Honorable Virginia M. Kendall on 6/3/2010 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
16

ATTORNEY Appearance for Plaintiff United States of America by Corey M Sanders (Sanders, Corey) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
17

MINUTE entry before Honorable Virginia M. Kendall: Motion hearing held. Defendant Dart's motion for entry of a prisoner release order 14 is granted in part as outlined in open court.Advised in open court (jms, ) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

RECAP
18

MOTION by Defendant Thomas Dart to Modify the Court's Order of July 17, 2009 and Agreed Order entered on May 26, 2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(OGrady, Paul) (Entered: 07/02/2010)

2 Exhibit A

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3 Exhibit B

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July 2, 2010

July 2, 2010

PACER
19

NOTICE of Motion by Paul A OGrady for presentment of motion for miscellaneous relief 18 before Honorable Virginia M. Kendall on 7/8/2010 at 09:00 AM. (OGrady, Paul) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
20

MINUTE entry before Honorable Virginia M. Kendall: Hearing on Defendant Dart's motion to Modify the Court's Order of July 17, 2009 and Agreed Order entered on May 26, 2010 is stricken for failure to comply with Local Rule 5.2(f) and Judge Kendall's standing procedures.Mailed notice (jms, ) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
21

MINUTE entry before Honorable Virginia M. Kendall:The minute entry of 7/7/2010 is vacated. Hearing on defendant Dart's motion to modify this court's order of 7/17/2009 and agreed order entered on 5/26/2010 18 is set for 7/8/2010 at 09:00 AM.Mailed notice (jms, ) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
22

MINUTE entry before Honorable Virginia M. Kendall: Motion hearing held. MOTION by Defendant Thomas Dart to Modify the Court's Order of July 17, 2009 and Agreed Order entered on May 26, 2010 18 is granted to allow the Sheriff of Cook County to reclassify 59 Correctional officers into civilian position vacancies.Advised in open court (jms, ) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
23

WRITTEN Opinion Signed by the Honorable Virginia M. Kendall on 8/17/2010.(tsa, ) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

RECAP
24

MOTION by Defendant Thomas Dart to Set a Pretrial Conference Instanter Pursuant to F.R.C.P. 16 (Gallagher, Daniel) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
25

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 24 before Honorable Virginia M. Kendall on 9/1/2010 at 09:00 AM. (Gallagher, Daniel) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
26

MINUTE entry before Honorable Virginia M. Kendall:MOTION by Defendant Thomas Dart to Set a Pretrial Conference Instanter Pursuant to F.R.C.P. 16 24 is granted. Status hearing set for 9/10/2010 at 10:00 AM. Parties need not appear in court on 9/1/2010.Mailed notice (tsa, ) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
27

ATTORNEY Appearance for Defendants Cook County Board of Commissioners, Cook County, Illinois, Todd H Stroger by Colleen Bernadette Cavanaugh (Cavanaugh, Colleen) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
28

MINUTE entry before Honorable Virginia M. Kendall:Status hearing held on 9/10/2010.Advised in open court notice (tsa, ) (Entered: 09/13/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
29

Monitor Susan W. McCampbell's First Compliance Report by Thomas Dart (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

RECAP
30

NOTICE by Thomas Dart re other 29 - Monitor Susan W. McCampbell's First Compliance Report (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
31

Monitor Harry Grenawitzke's First Compliance Report by Thomas Dart (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

RECAP
32

NOTICE by Thomas Dart re other 31 - Monitor Harry Grenawitzke's First Compliance Report (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
33

Monitor Jeffrey L. Metzner, M.D.'s First Compliance Report by Thomas Dart (Attachments: # 1 Appendix I, # 2 Appendix II, # 3 Appendix III, # 4 Appendix IV, # 5 Appendix V, # 6 Appendix VI, # 7 Appendix VII, # 8 Appendix VIII, # 9 Appendix IX, # 10 Appendix X)(Gallagher, Daniel) (Entered: 09/24/2010)

1 Appendix I

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2 Appendix II

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3 Appendix III

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4 Appendix IV

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5 Appendix V

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6 Appendix VI

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7 Appendix VII

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8 Appendix VIII

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9 Appendix IX

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10 Appendix X

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Sept. 24, 2010

Sept. 24, 2010

PACER
34

NOTICE by Thomas Dart re other, 33 - Monitor Jeffrey L. Metzner, M.D.'s First Compliance Report (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
35

- Monitor Ronald Shansky, M.D.'s First Compliance Report by Thomas Dart (Attachments: # 1 Exhibit A)(Gallagher, Daniel) (Entered: 09/24/2010)

1 Exhibit A

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Sept. 24, 2010

Sept. 24, 2010

PACER
36

NOTICE by Thomas Dart re other 35 - Monitor Ronald Shansky, M.D.'s First Compliance Report (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
37

MEMORANDUM Memorandum Supporting Motion to Extend Prisoner Release Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gallagher, Daniel) (Entered: 09/24/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Sept. 24, 2010

Sept. 24, 2010

PACER
38

NOTICE by Thomas Dart re memorandum in support of motion 37 (Gallagher, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
39

STATEMENT in support of Sheriff's Motion to Extend Prisoner Release Order by Cook County Board of Commissioners, Cook County, Illinois, Todd H Stroger (Pechous, Donald) Modified on 10/6/2010 (vmj, ). (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
40

NOTICE by Cook County Board of Commissioners, Cook County, Illinois, Todd H Stroger re statement 39 (Pechous, Donald) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
41

MOTION by Defendant Thomas Dart for extension of time - Defendant Thomas J. Dart, Sheriff of Cook County's Agreed Motion for Extension of Time to File Response to Monitors' Report (Gallagher, Daniel) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
42

NOTICE of Motion by Daniel Francis Gallagher for presentment of extension of time 41 before Honorable Virginia M. Kendall on 11/24/2010 at 09:00 AM. (Gallagher, Daniel) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
43

MINUTE entry before Honorable Virginia M. Kendall:Defendant Dart's motion for extension of time 41 is entered and continued to 11/29/2010 at 09:00 AM.Mailed notice (tsa, ) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
44

MINUTE entry before Honorable Virginia M. Kendall:Agreed MOTION by Defendant Thomas Dart for extension of time File Response to Monitors' Report 41 is granted to 12/10/2010. Parties need not appear in court on 11/29/2010. Mailed notice (tsa, ) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
45

STATUS REPORT AND RESPONSE by Defendant Cook County, Illinois to Monitors' Reports (Pechous, Donald) (Text Modified by Clerk's Office on 12/13/2010.) (hp, ). (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

RECAP
46

NOTICE by Cook County, Illinois re Response 45 (Pechous, Donald) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
47

RESPONSE by Defendant Thomas Dart to the Monitors' Reports (Attachments: # 1 Exhibit List)(Gallagher, Daniel) (Entered: 12/10/2010)

1 Exhibit List

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Dec. 10, 2010

Dec. 10, 2010

PACER
48

NOTICE by Thomas Dart re Response 47 to the Monitors' Reports (Gallagher, Daniel) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

PACER
49

MOTION by Defendant Thomas Dart to seal Exhibit M to the Response to the Monitors' Reports (Gallagher, Daniel) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

RECAP
50

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to seal 49 before Honorable Virginia M. Kendall on 12/20/2010 at 09:00 AM. (Gallagher, Daniel) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
51

MINUTE entry before Honorable Virginia M. Kendall:The PLRA panel: United States Court of Appeals Judge, Richard Posner, United States District Court Judge, Virginia Kendall, and United States District Court Judge, Sharon Johnson Coleman, enters the following order: The panel will conduct a hearing in the Seventh Circuit courtroom (Dirksen Building, 27th Floor) at 2 p.m. on Friday, January 7, to consider the motion for a release order. The panel will hear argument but, if necessary, brief testimony as well. The tentative time allotment is thirty minutes per side. Mailed notice (tsa, ) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
52

MINUTE entry before Honorable Virginia M. Kendall:Enter attached order.Mailed notice (tsa, ) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
53

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Defendant Thomas Dart to seal Exhibit M to the Response to the Monitors' Reports 49 is granted.Mailed notice (tsa, ) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
54

Monitor Jeffrey L. Metzner, M.D.'s Second Report Dated December 21, 2010 by Thomas Dart (Attachments: # 1 Appendix I, # 2 Appendix II, # 3 Appendix III)(Gallagher, Daniel) (Entered: 12/21/2010)

1 Appendix I

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2 Appendix II

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3 Appendix III

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Dec. 21, 2010

Dec. 21, 2010

RECAP
55

NOTICE by Thomas Dart re other 54 - Monitor Jeffrey L. Metzner, M.D.'s Second Report Dated December 21, 2010 (Gallagher, Daniel) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
56

MOTION by Plaintiff United States of America to continue Prisoner Release Order Hearing (Dean, Kerry) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
57

NOTICE of Motion by Kerry Krentler Dean for presentment of motion to continue 56 before Honorable Virginia M. Kendall on 1/6/2010 at 09:00 AM. (Dean, Kerry) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
58

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Plaintiff United States of America to continue Prisoner Release Order Hearing 56 is denied.Mailed notice (tsa, ) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

PACER
59

RESPONSE to Panel's Questions by United States of America (Attachments: # 1 Exhibit A - USDOJ Findings Letter, # 2 Exhibit B - CCDOC Logs)(Dean, Kerry) Modified on 1/6/2011 (vmj, ). (Entered: 01/05/2011)

1 Exhibit A - USDOJ Findings Letter

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2 Exhibit B - CCDOC Logs

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Jan. 5, 2011

Jan. 5, 2011

PACER
60

MINUTE entry before Honorable Virginia M. Kendall:In court hearing held on 1/7/2011 before the Special Three Judge Panel.Advised in open court notice (tsa, ) (Entered: 01/11/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
61

MINUTE entry before Honorable Virginia M. Kendall:Enter OPINION OF THREE-JUDGE DISTRICT COURT: The motion for entry of the proposed release order is denied, but without prejudice, and the parties are directed to submit a revised motion consistent with the discussion in this opinion, plus evidence to support an estimate of the number of prisoners expected to be released if the revised order is approved. The revised order and any supporting materials are due 30 days from the date of this order. Mailed notice (tsa, ) (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
62

Opinion Signed on 1/11/2011.(tsa, ) (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

RECAP
63

Support for Prisoner Release Order STATEMENT by United States of America (Dean, Kerry) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
64

MINUTE entry before Honorable Virginia M. Kendall:The panel will conduct a status hearing in this case on Tuesday, March 1,2011, at 10:00 a.m. in Judge Kendalls Courtroom, Room 2319.Mailed notice (tsa, ) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
65

ATTORNEY Appearance for Plaintiff United States of America by Michelle A Jones (Jones, Michelle) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
66

MINUTE entry before Honorable Virginia M. Kendall:Status hearing held on 3/1/2011.Advised in open court notice (tsa, ) (Entered: 03/02/2011)

March 1, 2011

March 1, 2011

PACER
67

MINUTE entry before Honorable Virginia M. Kendall:Enter ORDER OF THREE-JUDGE DISTRICT COURT: The revised proposed order complies with the directives in this Courts opinion and is satisfactory with the exception of one provision. If the jail wants to release more inmates it should be required to obtain the Courts permission.Mailed notice (tlp, ) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
68

ORDER OF THREE-JUDGE DISTRICT COURT: Signed on 3/14/2011.Mailed notice(tlp, ) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

RECAP
69

MINUTE entry before Honorable Virginia M. Kendall:Enter Final Order of Three-Judge District Court.Mailed notice (tsa, ) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
70

ORDER Entered by the Honorable Virginia M. Kendall on 3/29/2011.Mailed notice(tsa, ) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

RECAP
71

MINUTE entry before Honorable Virginia M. Kendall: Status hearing set for 5/2/2011 at 10:00 AM.Mailed notice (tsa, ) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
72

MOTION by Plaintiff United States of America for leave to appear as Telephonically (Dean, Kerry) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
73

NOTICE of Motion by Kerry Krentler Dean for presentment of motion for leave to appear 72 before Honorable Virginia M. Kendall on 5/2/2011 at 10:00 AM. (Dean, Kerry) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
74

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Plaintiff United States of America for leave to appear as Telephonically 72 is granted. Mailed notice (tsa, ) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
75

MOTION by Defendant Thomas Dart for Authority to Retain Patricia L. Hardyman, Ph.D. (Gallagher, Daniel) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

RECAP
76

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 75 before Honorable Virginia M. Kendall on 5/2/2011 at 10:00 AM. (Gallagher, Daniel) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
77

MOTION by Defendant Thomas Dart to Enter a Single Cumulative Prisoner Release Order (Gallagher, Daniel) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

RECAP
78

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 77 before Honorable Virginia M. Kendall on 5/2/2011 at 10:00 AM. (Gallagher, Daniel) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
79

MINUTE entry before Honorable Virginia M. Kendall:Status hearing held on 5/2/2011. Defendant Dart's motion 77 to enter single cumulative release order is taken under advisement. Defendant Dart's motion to retain Hardyman 75, parties to submit an agreed proposed order. Status hearing set for 11/4/2011 at 10:00 AM.Advised in open court notice (tsa, ) (Entered: 05/03/2011)

May 2, 2011

May 2, 2011

RECAP
80

MINUTE entry before Honorable Virginia M. Kendall:Motion 75 is granted. Advised in open court notice (tsa, ) (Entered: 05/03/2011)

May 2, 2011

May 2, 2011

PACER
81

EXHIBIT by Defendant Thomas Dart - Exhibit 1 regarding MOTION by Defendant Thomas Dart to Enter a Single Cumulative Prisoner Release Order 77 (Gallagher, Daniel) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

RECAP
82

NOTICE by Thomas Dart re exhibit 81 1 to Motion to Enter a Single Cumulative Prisoner Release Order (Gallagher, Daniel) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
83

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Defendant Thomas Dart to Enter a Single Cumulative Prisoner Release Order 77 is denied. Mailed notice (tsa, ) (Entered: 06/09/2011)

June 8, 2011

June 8, 2011

RECAP
84

MINUTE entry before Honorable Virginia M. Kendall: Enter agreed order to retain Patricia Hardyman, Ph.D. (For further detail see order) Mailed (vmj, ) (Entered: 06/16/2011)

June 13, 2011

June 13, 2011

RECAP
85

AGREED Order Signed by the Honorable Virginia M. Kendall on 6/13/2011.(vmj, ) Modified on 7/7/2011 (vmj, ). (Entered: 06/16/2011)

June 13, 2011

June 13, 2011

RECAP
86

MOTION by Defendant Thomas Dart for the Approval of Appointment of Retired Judges to Implement the Prisoner Release Order (Gallagher, Daniel) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

RECAP
87

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 86 before Honorable Virginia M. Kendall on 7/19/2011 at 09:00 AM. (Gallagher, Daniel) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

PACER
88

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Defendant Thomas Dart for the Approval of Appointment of Retired Judges to Implement the Prisoner Release Order 86 is granted. Advised in open court notice (tsa, ) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

RECAP
89

MOTION by Plaintiff United States of America for leave to appear as Telephonically (Dean, Kerry) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
90

NOTICE of Motion by Kerry Krentler Dean for presentment of motion for leave to appear 89 before Honorable Virginia M. Kendall on 11/4/2011 at 10:00 AM. (Dean, Kerry) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
91

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Plaintiff United States of America for leave to appear as Telephonically 89 is granted. Contact numbers shall be submitted to the courtroom deputy at (312) 408-5153, the day before. Mailed notice (tsa, ) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
92

MINUTE entry before Honorable Virginia M. Kendall:Status hearing held on 11/4/2011 and continued to 4/13/2012 at 09:00 AM.Advised in open court notice (tsa, ) (Entered: 03/30/2012)

Nov. 4, 2011

Nov. 4, 2011

PACER
93

MOTION by counsel for Defendant Thomas Dart to withdraw as attorney (OGrady, Paul) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
94

NOTICE of Motion by Paul A OGrady for presentment of motion to withdraw as attorney 93 before Honorable Virginia M. Kendall on 4/9/2012 at 09:00 AM. (OGrady, Paul) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
95

CONSENT MOTION by Plaintiff United States of America for continuance. (Jones, Michelle) (Text modified by clerk's office) (vmj, ). (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
96

NOTICE of Motion by Michelle A Jones for presentment of motion to continue 95 before Honorable Virginia M. Kendall on 4/5/2012 at 09:00 AM. (Jones, Michelle) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
97

CERTIFICATE of Service by Michelle A Jones on behalf of United States of America regarding MOTION by Plaintiff United States of America to continue Status Hearing 95 (Jones, Michelle) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
98

MINUTE entry before Honorable Virginia M. Kendall:Notice of motion set for 4/5/2012 is stricken as not timely filed.Mailed notice (tsa, ) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
99

AMENDED NOTICE of Motion by Michelle A Jones for presentment of motion to continue 95 before Honorable Virginia M. Kendall on 4/9/2012 at 09:00 AM. (Jones, Michelle) (Text modified by clerk's office) (vmj, ). (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: May 13, 2010

Closing Date: June 26, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice, on behalf of pretrial detainees and convicted inmates from the Cook County Jail.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cook County (Cook), County

The Cook County Sheriff (Cook), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2018

Content of Injunction:

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Training

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Excessive force

Failure to supervise

Fire safety

Sanitation / living conditions

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run