Case: Lacy v. Dart

1:14-cv-06259 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 14, 2014

Closed Date: Feb. 18, 2020

Clearinghouse coding complete

Case Summary

On August 14, 2014, a detainee in the Cook County jail who used a wheelchair filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County, Illinois under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, and two Cook County correctional officers in their individual capacities under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff claimed the County deprived him of rights secured under the ADA and the Reha…

On August 14, 2014, a detainee in the Cook County jail who used a wheelchair filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County, Illinois under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, and two Cook County correctional officers in their individual capacities under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff claimed the County deprived him of rights secured under the ADA and the Rehabilitation Act, and alleged excessive force by the correctional officers.

Shortly thereafter, the plaintiff, now joined by three additional wheelchair-using detainees, filed an amended complaint. A fifth named plaintiff was later added. The plaintiffs, individually and on behalf of a putative class of Cook County detainees, sought preliminary and permanent injunctive relief and damages. The plaintiffs complained that during their monthly trips from the jail to one of the six local courthouses, the County subjected them to numerous ADA and Rehabilitation Act violations, including inadequate van transport and holding cell accommodations, severely limited and unequal access to lavatory facilities, and non-ADA compliant wheelchair ramps.

On September 17, 2014, the plaintiffs filed a motion for a preliminary injunction, on which Judge Robert W. Gettleman did not immediately rule. Over the next five months, the Court conducted extensive evidentiary hearings in which the County introduced status reports detailing their efforts and plans to achieve compliance with the ADA and the Rehabilitation Act. The plaintiffs contended that these plans were incomplete, and therefore not sufficient to overcome the need for injunctive relief.

On April 30, 2015, Judge Gettleman granted the plaintiffs' motion for class certification, defining the class as all Cook County Jail detainees who have been assigned and currently use a wheelchair. 2015 WL 1995576.

Judge Gettleman denied the defendants' motion to sever the excessive force claim by the original plaintiff against the two correctional officers on May 27, 2015. The plaintiffs then moved for partial summary judgment on July 8, and the defendants followed suit on September 4 and likewise moved for summary judgment. Additionally, the parties filed a stipulated dismissal on September 24 of four of the individual defendants, leaving the Sheriff and Cook County as the defendants.

On October 8, 2015, Judge Gettleman granted in part and denied in part the plaintiffs' motion for a preliminary injunction, though he treated the injunction as a permanent one in light of procedural developments. The plaintiffs' rights under the ADA had been violated in the past with respect to courthouse ramps and bathrooms. However, the defendants were given the opportunity to propose changes that accorded with the specific circumstances at issue. Judge Gettleman also denied the plaintiffs' request for declaratory judgment, finding that evidence of past ADA violations did not entitle them to a declaration of present violations. 2015 WL 5921810.

On November 19, Judge Gettleman granted the plaintiffs' motion for partial summary judgment and denied the defendants' motion for summary judgment. He found that the defendants had been "on notice of the need to provide accommodations for wheelchair-using detainees attending court at the six courthouses as early as 1999." He held that not providing the requisite aid was a "deliberate decision" that constituted the "intentional discrimination" necessary to recover damages for discrimination under the ADA. 2015 WL 7351752.

The plaintiffs moved for supplemental injunctive relief twice. On January 7, 2016, they requested that the Maywood Courthouse bathrooms be brought into compliance with the ADA. On May 4, they made the same request for the Bridgeview Courthouse.

The parties progressed toward trial. On May 12, 2016, Judge Gettleman severed and dismissed without prejudice the plaintiffs' claims alleging statutory violations other than those pertaining "to transportation, ramps, and bathroom facilities before during and after court appearances at the Cook County Jail."

On May 2, 2017, Judge Gettleman granted supplemental injunctive relief as to the Maywood Courthouse, but denied it as to the Bridgeview Courthouse. The privacy screens in the Maywood bathrooms were inappropriately spaced, and as such the defendants had to adjust the screens to make them compliant. The Bridgeview bathrooms, however, had been appropriately set up in all but one aspect, but full compliance was technically infeasible, and consequently the defendants had provided reasonable accommodations in light of the technical difficulty, rendering them compliant with the ADA.

The defendants appealed the injunctions on May 31, 2017, and the plaintiffs cross-appealed the supplemental injunction on June 9, 2017. Judge Gettleman then stayed further proceedings pending the appeal.

On July 30, 2018, the U.S. Court of Appeals for the Seventh Circuit decided the defendant’s challenges to four of the District Court’s orders: 1) the grant of partial summary judgment in favor of the plaintiffs, 2) the jury verdict and $600 damage award in favor of an individual plaintiff, 3) the certification of the class, and 4) the grant of the permanent injunction regarding Maywood’s privacy screens.

Each party won part of the appeal. For the defendants, the Court of Appeals vacated the district court’s grant of partial summary judgment, finding that the lower court improperly relied on findings of fact from a prior decision. Because the court’s decision on partial summary judgment tainted the jury trial, the jury verdict and damage awards were vacated. The court remanded the question for a repeat, proper jury trial. However, for the plaintiffs, the Court of Appeals affirmed class certification. Similarly, the appellate court found that the District Court had not abused its discretion in granting the permanent injunction regarding Maywood’s privacy screens. 897 F.3d 847 (7th Cir. 2018).

Following the appellate court’s decision, the parties entered into a hotly contested period of discovery. However, on July 11, 2019, the parties met to discuss a settlement before Magistrate Judge David Weisman and outlined the timeframe for remediating deficiencies at the Maywood and Leighton Courthouses. On October 30, 2019, the parties reached a settlement. The Maywood courthouse was projected to be renovated in accordance with ADA regulations by April 2021, while the Leighton courthouse was scheduled to be modified by May 2020.

On February 18, 2020 Judge Gettleman determined that the terms of the settlement had been satisfied, and dismissed the case with prejudice and without costs in accordance with settlement agreements executed by all parties.

The case is closed.

Summary Authors

Robert Lake (6/4/2015)

Virginia Weeks (10/5/2017)

Hope Brinn (10/23/2018)

Justin Hill (11/18/2019)

Madeline Buday (2/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4262283/parties/lacy-v-dart/


Judge(s)

Gettleman, Robert William (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Joel A. (Illinois)

Haidari, Raana Vakilzadeh (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Cargie, Thomas E. (Illinois)

Carroll, Jacqueline B. (Illinois)

Casey, Brian M. (Illinois)

Castiglione, Nicolas Paul (Illinois)

Chandler, James J. (Illinois)

Condron, David Richard (Illinois)

Judge(s)

Gettleman, Robert William (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Joel A. (Illinois)

Haidari, Raana Vakilzadeh (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Cargie, Thomas E. (Illinois)

Carroll, Jacqueline B. (Illinois)

Casey, Brian M. (Illinois)

Castiglione, Nicolas Paul (Illinois)

Chandler, James J. (Illinois)

Condron, David Richard (Illinois)

Cummings, Nicholas E. (Illinois)

Gallagher, Michael L. (Illinois)

Gorman, Michael (Illinois)

Hannon, Maureen O'Donoghue (Illinois)

Henretty, Lyle Kevin (Illinois)

Larios, Miguel E. (Illinois)

Power, John M. (Illinois)

Sorich, Michael Jude (Illinois)

Zecchin, Anthony E. (Illinois)

Other Attorney(s)

Zebelian, Adam Miel (Illinois)

Documents in the Clearinghouse

Document

1:14-cv-06259

Docket [PACER]

Feb. 26, 2021

Feb. 26, 2021

Docket
1

1:14-cv-06259

Complaint

Aug. 14, 2014

Aug. 14, 2014

Complaint
9

1:14-cv-06259

Amended Complaint

Aug. 26, 2014

Aug. 26, 2014

Complaint
84

1:14-cv-06259

Amendment to Complaint

Jan. 13, 2015

Jan. 13, 2015

Complaint
142

1:14-cv-06259

Memorandum Opinion and Order

2105 WL 1995576

April 30, 2015

April 30, 2015

Order/Opinion
203

1:14-cv-06259

Memorandum Opinion and Order

2015 WL 5921810

Oct. 8, 2015

Oct. 8, 2015

Order/Opinion
218

1:14-cv-06259

Memorandum Opinion and Order

2015 WL 7351752

Nov. 19, 2015

Nov. 19, 2015

Order/Opinion
347

1:14-cv-06259

Order

Sept. 14, 2016

Sept. 14, 2016

Order/Opinion
368

1:14-cv-06259

Order

May 2, 2017

May 2, 2017

Order/Opinion
445

1:14-cv-06259

17-02141

Opinion

U. S. Court of Appeals for the Seventh Circuit

Aug. 21, 2018

Aug. 21, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4262283/lacy-v-dart/

Last updated Aug. 2, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Johnathan Lacy; Jury Demand. Filing fee $ 400, receipt number 0752-9766617.(Morrissey, Patrick) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER

case assigned

Aug. 14, 2014

Aug. 14, 2014

PACER

summons issued

Aug. 14, 2014

Aug. 14, 2014

PACER
2

ATTORNEY Appearance for Plaintiff Johnathan Lacy by Patrick William Morrissey (Morrissey, Patrick) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
3

CIVIL Cover Sheet (Morrissey, Patrick) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Daniel G. Martin. (nsf, )

Aug. 14, 2014

Aug. 14, 2014

PACER
4

ATTORNEY Appearance for Plaintiff Johnathan Lacy by Thomas Gerard Morrissey (Morrissey, Thomas) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER

SUMMONS Issued as to Defendants Cook County, Illinois, Thomas Dart (pg, )

Aug. 14, 2014

Aug. 14, 2014

PACER
5

SUMMONS Returned Executed by Johnathan Lacy as to Cook County, Illinois on 8/15/2014, answer due 9/5/2014; Thomas Dart on 8/15/2014, answer due 9/5/2014. (Morrissey, Patrick) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
6

ATTORNEY Appearance for Plaintiff Johnathan Lacy by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
7

MOTION by Plaintiff Johnathan Lacy for leave to file amended complaint and add parties (Attachments: # 1 Exhibit Amended Complaint)(Morrissey, Thomas) (Entered: 08/18/2014)

1 Exhibit Amended Complaint

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Aug. 18, 2014

Aug. 18, 2014

PACER
8

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for leave to file 7 before Honorable Robert W. Gettleman on 8/26/2014 at 09:15 AM. (Morrissey, Thomas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
9

AMENDED complaint by Johnathan Lacy, Kenneth Farris, Marquis Bowers, Maurice Boston against All Defendants (Morrissey, Patrick) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
10

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to expedite discovery and to schedule hearing for preliminary relief (Morrissey, Patrick) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
11

NOTICE of Motion by Patrick William Morrissey for presentment of motion to expedite 10 before Honorable Robert W. Gettleman on 9/3/2014 at 09:15 AM. (Morrissey, Patrick) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
12

MINUTE entry before the Honorable Robert W. Gettleman: Motion for leave to file 7 amended complaint and add parties is granted. Mailed notice (gds) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
13

ATTORNEY Appearance for Defendant Thomas Dart by Michael Jude Sorich (Sorich, Michael) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

RECAP
14

ATTORNEY Appearance for Defendant Cook County, Illinois by Maureen O'Donoghue Hannon (Hannon, Maureen) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
15

MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 9/3/2014 regarding motion to expedite 10 discovery and schedule a hearing for preliminary relief, which is continued to 9/24/2014 at 11:30 a.m. A motion for preliminary injunction is due by 9/17/2014. Mailed notice (gds) (Entered: 09/05/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
16

ATTORNEY Appearance for Defendant Cook County, Illinois by Jacqueline B. Carroll (Carroll, Jacqueline) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
17

ATTORNEY Appearance for Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy by Joel A. Flaxman (Flaxman, Joel) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
18

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy for preliminary injunction (Flaxman, Kenneth) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
19

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for preliminary injunction 18 before Honorable Robert W. Gettleman on 9/24/2014 at 11:30 AM. (Flaxman, Kenneth) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

PACER
20

ATTORNEY Appearance for Defendant Cook County, Illinois by Thomas E. Cargie (Cargie, Thomas) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

PACER
21

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to certify class (Flaxman, Kenneth) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
22

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 21 before Honorable Robert W. Gettleman on 9/24/2014 at 11:30 AM. (Flaxman, Kenneth) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
23

ANSWER to amended complaint by Cook County, Illinois(Cargie, Thomas) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
24

ANSWER to amended complaint by Thomas Dart(Sorich, Michael) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
25

NOTICE by Thomas Dart (Sorich, Michael) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
26

MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 9/24/2014. Motion to expedite 10 discovery is set for 10/1/2014 at 10:30 a.m. Preliminary injunction hearing is set for 12/16/2014 at 10:00 a.m. Mailed notice (gds) (Entered: 09/26/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
27

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy TO PROHIBIT FURTHER COMMUNICATIONS BY DEFENDANTS WITH NAMED PLAINTIFFS, etc. (Flaxman, Kenneth) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
28

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 27 before Honorable Robert W. Gettleman on 10/1/2014 at 10:30 AM. (Flaxman, Kenneth) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
29

ATTORNEY Appearance for Defendant Thomas Dart by Nicholas E Cummings (Cummings, Nicholas) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
30

TRANSCRIPT OF PROCEEDINGS held on September 24, 2014, before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/20/2014. Redacted Transcript Deadline set for 10/30/2014. Release of Transcript Restriction set for 12/29/2014. (Bistany, Nancy) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
31

STATUS Report by Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy (Flaxman, Kenneth) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
32

MINUTE entry before the Honorable Robert W. Gettleman: Status hearing held on 10/1/2014. Scheduling Conference set for 10/21/2014 at 2:00 p.m. Mailed notice (gds) (Entered: 10/03/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
33

RESPONSE by Thomas Dart to MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy TO PROHIBIT FURTHER COMMUNICATIONS BY DEFENDANTS WITH NAMED PLAINTIFFS, etc. 27 (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Affidavit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Cummings, Nicholas) (Entered: 10/16/2014)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Affidavit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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Oct. 16, 2014

Oct. 16, 2014

PACER
34

NOTICE by Thomas Dart re response to motion, 33 (Cummings, Nicholas) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
35

STATUS Report by Johnathan Lacy (Flaxman, Kenneth) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
36

MOTION by Defendant Thomas DartStrike Plaintiffs' Second Status Report (Cummings, Nicholas) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
37

NOTICE of Motion by Nicholas E Cummings for presentment of motion for miscellaneous relief 36 before Honorable Robert W. Gettleman on 10/23/2014 at 09:15 AM. (Cummings, Nicholas) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
39

MINUTE entry before the Honorable Robert W. Gettleman: Scheduling conference held on 10/21/2014. Mailed notice (gds) (Entered: 10/23/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
38

ORDER signed by the Honorable Robert W. Gettleman on 10/22/2014: Parties are to submit list of witnesses that will be called at the injunction hearing by 11/4/2014. Expert reports are to be exchanged. Preliminary injunction briefs are due by 11/21/2014. Defendants are to provide plaintiffs with unredacted exhibit 3 and a copy of the DVD noted in document 33 . Plaintiffs are granted permission to take depositions of detainees disclosed pursuant to document 33 . Scheduling conference is set for 11/25/2014, at 2:30 p.m. Mailed notice (gds) (Entered: 10/23/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
40

TRANSCRIPT OF PROCEEDINGS held on October 1, 2014, before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - 312.435.7626 - nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/25/2014. Redacted Transcript Deadline set for 12/5/2014. Release of Transcript Restriction set for 2/2/2015. (Bistany, Nancy) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
41

TRANSCRIPT OF PROCEEDINGS held on October 21, 2014, before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - 312.435.7626 - nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/25/2014. Redacted Transcript Deadline set for 12/5/2014. Release of Transcript Restriction set for 2/2/2015. (Bistany, Nancy) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
42

ATTORNEY Appearance for Defendant Thomas Dart by Michael L. Gallagher (Gallagher, Michael) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
43

TRIAL Brief by Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy (Attachments: # 1 Index To Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Flaxman, Joel) (Entered: 11/21/2014)

1 Index To Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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Nov. 21, 2014

Nov. 21, 2014

PACER
44

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to consolidate trial on the merits with hearing on preliminary injunction (Flaxman, Joel) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
45

NOTICE of Motion by Joel A. Flaxman for presentment of motion for miscellaneous relief 44 before Honorable Robert W. Gettleman on 11/25/2014 at 02:30 PM. (Flaxman, Joel) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
46

MOTION by Defendants Cook County, Illinois, Thomas Dart to file instanter to file Trial Brief in Excess of Allowable Limits (Cummings, Nicholas) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
47

NOTICE of Motion by Nicholas E Cummings for presentment of motion to file instanter 46 before Honorable Robert W. Gettleman on 11/26/2014 at 09:15 AM. (Cummings, Nicholas) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
48

TRIAL Brief by Cook County, Illinois, Thomas Dart (Attachments: # 1 Exhibit Exhibit A - Defendant Expert Report, # 2 Affidavit Exhibit B - Affidavit of Marlene Fuentes, # 3 Exhibit Exhibit C - General Order, # 4 Exhibit Exhibit D - Commode Chair Notice)(Cummings, Nicholas) (Entered: 11/21/2014)

1 Exhibit Exhibit A - Defendant Expert Report

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2 Affidavit Exhibit B - Affidavit of Marlene Fuentes

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3 Exhibit Exhibit C - General Order

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4 Exhibit Exhibit D - Commode Chair Notice

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Nov. 21, 2014

Nov. 21, 2014

PACER
49

RESPONSE by Thomas Dartin Opposition to MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to consolidate trial on the merits with hearing on preliminary injunction 44 (Gallagher, Michael) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
50

NOTICE by Thomas Dart re response in opposition to motion 49 (Gallagher, Michael) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
51

ORDER signed by the Honorable Robert W. Gettleman on 11/25/2014: Plaintiffs' motion 44 to consolidate trial on the merits with hearing on prelminary injunction is denied. Scheduling conference held on 11/25/2014. Mailed notice (gds) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
52

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to set a briefing schedule for plaintiffs' certification motion (Morrissey, Patrick) (Entered: 11/28/2014)

Nov. 28, 2014

Nov. 28, 2014

PACER
53

NOTICE of Motion by Patrick William Morrissey for presentment of motion by filer to set a briefing schedule 52 before Honorable Robert W. Gettleman on 12/4/2014 at 09:15 AM. (Morrissey, Patrick) (Entered: 11/28/2014)

Nov. 28, 2014

Nov. 28, 2014

PACER
54

MINUTE entry before the Honorable Robert W. Gettleman: Motion 27 to prohibit communications is withdrawn. Mailed notice (gds) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
55

RESPONSE by Cook County, Illinois, Thomas Dart, Sgt. Johnson, Correctional Officer Lopez, Correctional Officer Nawara, Correctional Officer Wilsonin Opposition to MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to set a briefing schedule for plaintiffs' certification motion 52 (Cargie, Thomas) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
56

WITNESS List by Johnathan Lacy (Flaxman, Kenneth) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
57

MOTION by Plaintiff Johnathan Lacy for writ of habeas corpus ad testificandum (Flaxman, Kenneth) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
58

MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 12/4/2014 regarding plaintiffs' motion to set a briefing schedule 52, which is continued generally. Mailed notice (gds) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
59

ORDER : Plaintiffs' petition 57 for writ of habeas corpus ad testificandum is granted. Writ to issue. Signed by the Honorable Robert W. Gettleman on 12/5/2014. Mailed notice (tg, ) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
60

WRIT of habeas corpus ad testificandum issued as to the the U.S. Marshal's Office for service for the following dates of 1)December 17, 2014: Marquis Bowers, 2011-1020029; Kenneth Farris, 2014-0401095; Shelly Gaston, 2012-0906238; Kevin Dawson, 2010-0322194. 2) December 18, 2014: Cornelius Purnell, 2012-0325154; Harold Vaughn, 2012-0125276;Darryl Harper, 2013-0312001. Sent to the Marshals via email. (tg, ) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
61

ORDER : The Clerk is directed to issue the (amended) writ of habeas corpus ad testificandum. Signed by the Honorable Robert W. Gettleman on 12/5/2014. Mailed notice(tg, ) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
62

AMENDED WRIT of habeas corpus ad testificandum issued as to the the U.S. Marshal's Office for service for the following dates of 1)December 16, 2014: Marquis Bowers, 2011-1020029; Kenneth Farris, 2014-0401095; Shelly Gaston, 2012-0906238; Kevin Dawson, 2010-0322194. 2) December 17, 2014: Cornelius Purnell, 2012-0325154; Harold Vaughn, 2012-0125276;Darryl Harper, 2013-0312001. Sent to the Marshals via email (tg, ) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
63

ATTORNEY Appearance for Defendant Cook County, Illinois by David Richard Condron (Condron, David) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
64

TRANSCRIPT OF PROCEEDINGS held on December 4, 2014, before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - 312.435-7626 - nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/31/2014. Redacted Transcript Deadline set for 1/12/2015. Release of Transcript Restriction set for 3/10/2015. (Bistany, Nancy) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
65

MOTION by Plaintiff Johnathan Lacy for sanctions (Flaxman, Kenneth) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
66

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for sanctions 65 before Honorable Robert W. Gettleman on 12/16/2014 at 10:00 AM. (Flaxman, Kenneth) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
67

RESPONSE by Cook County, Illinois, Thomas Dartin Opposition to MOTION by Plaintiff Johnathan Lacy for sanctions 65 (Attachments: # 1 Exhibit Exhibit A)(Cummings, Nicholas) (Entered: 12/15/2014)

1 Exhibit Exhibit A

View on PACER

Dec. 15, 2014

Dec. 15, 2014

PACER
68

NOTICE by Cook County, Illinois, Thomas Dart re response in opposition to motion 67 (Cummings, Nicholas) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
69

ORDER: Preliminary injunction hearing begins. Evidence heard in part. Hearing is continued to 12/17/2014, at 9:30 a.m. The writs of habeas corpus ad testificandum are continued as to Kenneth Farris andMarquis Bowers. Signed by the Honorable Robert W. Gettleman on 12/16/2014. Mailed notice (sxw) (Entered: 12/17/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
70

ORDER: Preliminary injunction hearing resumed. Further evidence heard. The hearing will be continued to a future date. Status hearing is set for 12/18/2014, at 9:30 a.m. Signed by the Honorable Robert W. Gettleman on 12/17/2014. Mailed notice. (sj, ) (Entered: 12/22/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
71

ORDER Signed by the Honorable Robert W. Gettleman on 12/18/2014. Mailed notice.(sj, ) (Entered: 12/22/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
73

ORDER: Status hearing held. Plaintiffs' motion 10 to expedite discovery, etc. is withdrawn without prejudice. Defendants' motion 36 to strike plaintiffs second status report is denied. Defendants' motion 46 to file brief in excess pages is granted. Plaintiffs' motion 52 to set briefing schedule is granted. Plaintiffs' amended motion for class certification is due by 1/8/2015; defendants' response is due by 3/5/2015; plaintiffs reply is due by 3/26/2015. Plaintiffs motion 65 for sanctions is denied as to issues I and II. Further injunction hearing is continued to 1/12/2015 at 10:15 and then to 1/20/15 at 10:00 a.m. Signed by the Honorable Robert W. Gettleman on 12/18/2014. Mailed notice (mmy, ) (Entered: 12/24/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
72

Document Entered in Error Modified on 12/24/2014 (mmy, ). (Entered: 12/23/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
74

NOTICE of Correction regarding order 72 (mmy, ) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

PACER
75

TRANSCRIPT OF PROCEEDINGS held on December 18, 2014, before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Nancy L. Bistany, CSR, RPR, FCRR - 312.435.7626 - nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/21/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 3/31/2015. (Bistany, Nancy) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
76

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to certify class [amended] Responses due by 3/5/2015 (Flaxman, Kenneth) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
77

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy for writ of habeas corpus ad testificandum and to compel production of video evidence (Flaxman, Kenneth) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
78

NOTICE of Motion by Kenneth N Flaxman for presentment of writ of habeas corpus ad testificandum 77 before Honorable Robert W. Gettleman on 1/12/2015 at 10:00 AM. (Flaxman, Kenneth) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
79

TRIAL Brief Supplemental Joint Trial Memorandum by Cook County, Illinois, Thomas Dart (Carroll, Jacqueline) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
80

NOTICE by Cook County, Illinois, Thomas Dart re trial brief 79 (Carroll, Jacqueline) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
81

TRIAL Brief [supplemental] by Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy (Attachments: # 1 Exhibit 1 - UFAS standards, # 2 Exhibit 2 - 1991 ADA Standards, # 3 Exhibit 3 - ADAAG Standards, # 4 Exhibit 4- Excerpt of 2010 ADA Standards, # 5 Exhibit 6 Explanation of 2010 Standards, # 6 Exhibit 6 - DOJ Pamphlet Accessible Cells)(Flaxman, Kenneth) (Entered: 01/12/2015)

1 Exhibit 1 - UFAS standards

View on PACER

2 Exhibit 2 - 1991 ADA Standards

View on PACER

3 Exhibit 3 - ADAAG Standards

View on PACER

4 Exhibit 4- Excerpt of 2010 ADA Standards

View on PACER

5 Exhibit 6 Explanation of 2010 Standards

View on PACER

6 Exhibit 6 - DOJ Pamphlet Accessible Cells

View on PACER

Jan. 12, 2015

Jan. 12, 2015

PACER
82

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kenneth Farris, Johnathan Lacy to amend/correct complaint and add Kevin Dawson as plaintiff (Flaxman, Kenneth) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
83

ORDER signed by the Honorable Robert Gettleman on 1/12/2015: The writs of habeas corpus ad testificandum are continued as to Kenneth Farris #2014-04-01095 and Marquis Bowers #2011-102-0029 to 1/12/2015, at 10:15 a.m. Mailed notice (gds) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
87

ORDER :Injunction hearing resumed and is continued to 1/20/2015, at 10:00 a.m. Plaintiffs' motion 21 to certify class is withdrawn. Response to plaintiffs' amended motion 76 to certify class is due by 3/5/2015. Reply is due by 3/26/2015. Plaintiffs' motion 82 to add Kevin Dawson as a party plaintiff is granted. Signed by the Honorable Robert W. Gettleman on 1/12/2015. Mailed notice (rp, ) (Entered: 01/14/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
88

ORDER: Plaintiffs' petition 77 for writ of habeas corpus ad testificandum to cause Kevin Dawson to be brought to this court on 1/20/2015, at 10:00 a.m. is granted. Writ to issue. Plaintiffs' motion 77 to compel is continued to 1/20/2015, at 10:00 a.m. Signed by the Honorable Robert W. Gettleman on 1/12/2014 Mailed notice(ks, ) (Entered: 01/14/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
89

ORDER: The writs of habeas corpus ad testificandum are continued as to Kenneth Farris #2014-04-01095 and Marquis Bowers #2011-102-0029 to 1/20/2015, at 10:00 a.m. The Cook County Sheriff is directed to bring those person to the US District Court for the Northern District of Illinois, Eastern Division, Courtroom 1703 before Judge Robert Gettleman on that date and time. Signed by the Honorable Robert W. Gettleman on 1/12/2015 Mailed notice (ks, ) (Entered: 01/14/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
84

amendedment to AMENDED complaint by Kevin Dawson against Cook County, Illinois, Thomas Dart (Flaxman, Kenneth) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
85

MOTION by Plaintiffs Maurice Boston, Marquis Bowers, Kevin Dawson, Kenneth Farris, Johnathan Lacy to compel (Morrissey, Patrick) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
86

NOTICE of Motion by Joel A. Flaxman for presentment of motion to compel 85 before Honorable Robert W. Gettleman on 1/15/2015 at 09:15 AM. (Flaxman, Joel) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
90

WRIT of habeas corpus ad testificandum issued as to Kenneth Farris #2014-04-01095 and Marquis Bowers #2011-102-0029 for January 20, 2015. (ks, ) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
91

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion 85 to compel is set for 1/20/2015, at 10:00 a.m. Mailed notice (gds) (Entered: 01/16/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER

writ of habeas corpus ad testificandum issued

Jan. 16, 2015

Jan. 16, 2015

PACER

WRIT of habeas corpus ad testificandum issued to the US Marshal's Office for service as to Kevin Dawson via email. (sj, )

Jan. 16, 2015

Jan. 16, 2015

PACER
92

ORDER: Injunction hearing resumed and is continued to 1/22/2015, at 10:00 a.m.Signed by the Honorable Robert W. Gettleman on 1/20/2015 Mailed notice (ks, ) (Entered: 01/21/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
93

ORDER: The writs of habeas corpus ad testificandum are continued as to Kenneth Farris #2014-04-01095, Marquis Bowers #2011-102-0029, and Kevin Dawson #210-032-2194, to 1/22/2015, at 10:00 a.m. The Cook County Sheriff is directed to bring those person to the US District Court for the Northern District of Illinois, Eastern division, courtroom 1703 before Judge Robert Gettleman on that date and time for a further injunction hearing. Signed by the Honorable Robert W. Gettleman on 1/20/2015 Mailed notice (ks, ) (Entered: 01/21/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
94

MOTION by Plaintiff Kevin Dawson for permanent injunction (Flaxman, Kenneth) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2014

Closing Date: Feb. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five wheelchair using detainees at the Cook Country Jail in Illinois, individually and on behalf of class of other wheelchair using detainees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County, Illinois, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Bathrooms

Buildings

Courts

Excessive force

Reasonable Accommodations

Transportation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run