Case: Otero v. Dart

1:12-cv-03148 | U.S. District Court for the Northern District of Illinois

Filed Date: April 4, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On April 4, 2012, a pre-trial detainee in the Cook County Jail filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County and its sheriff under 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for injunctive and monetary relief, claiming violations of the Fourth Amendment and Fourteenth Amendment's Due Process Clause. The plaintiff claimed that Cook County had a practice of “holding in custody or imprisoning…

On April 4, 2012, a pre-trial detainee in the Cook County Jail filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County and its sheriff under 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for injunctive and monetary relief, claiming violations of the Fourth Amendment and Fourteenth Amendment's Due Process Clause. The plaintiff claimed that Cook County had a practice of “holding in custody or imprisoning free citizens following a trial” at which the citizen is acquitted. Such individuals were often returned to the general jail population. When this happened to the plaintiff, he alleged, he was beaten up by other inmates who learned he would soon be released.

The plaintiff sought certification of a class of those who had similarly been unlawfully detained. This motion was denied on December 20, 2013. The plaintiff then amended his complaint to add a count for violation of the Fourteenth Amendment’s Equal Protection Clause. The plaintiff argued that female inmates were treated differently, as they were not returned to the general jail population after acquittal. After class certification discovery into the policies and practices of Cook County Jail, the plaintiff was granted class certification on September 2, 2014.

On October 30, 2015 both parties sought summary judgment. On January 7, 2016, Judge St. Eve denied defendants’ motion for summary judgment on plaintiffs' Fourth Amendment claim, Fourteenth Amendment substantive due process claim, and Equal Protection claim. Judge St. Eve granted Cook County’s motion for summary judgment with respect to plaintiffs' Fourteenth Amendment procedural due process claim. The court denied plaintiffs' motion for summary judgment.

Discovery lasted several years, and, on the eve of trial, on February 18, 2016, the parties settled. The settlement involved comprehensive injunctive relief and monetary damages to class members. Cook County agreed to implement a new policy that provides mechanisms for identifying potential discharges and ensures they are not returned to the general jail population. Within 90 days, the defendants had to implement these changes and file a status report to the court. The court retained jurisdiction over the implementation and enforcement of these procedures for 9 months. The class members were each awarded $100, the original plaintiff received $15,000 in a service award, and the attorneys were awarded $2,000,000.

This settlement was approved and ordered on August 11, 2016 and the 9-month injunction period is ongoing.

Summary Authors

Abigail DeHart (9/29/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4260560/parties/otero-v-thomas-j-dart/


Judge(s)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Chavez, Kathleen Currie (Illinois)

Cherry, Myron Milton (Illinois)

Currie, Peter Lawrence (Illinois)

Dzananovic, Dario (Illinois)

Foote, Robert M. (Illinois)

Herman, Matthew J. (Illinois)

Mielke, Craig S (Illinois)

Nickow, Alexandra Leigh (Illinois)

Werner, Christopher J. (Illinois)

Judge(s)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Chavez, Kathleen Currie (Illinois)

Cherry, Myron Milton (Illinois)

Currie, Peter Lawrence (Illinois)

Dzananovic, Dario (Illinois)

Foote, Robert M. (Illinois)

Herman, Matthew J. (Illinois)

Mielke, Craig S (Illinois)

Nickow, Alexandra Leigh (Illinois)

Werner, Christopher J. (Illinois)

Wong, Michael D (Illinois)

Zolna, Jacie C. (Illinois)

Attorneys(s) for Defendant

Benjamin, Stacy Ann (Illinois)

Gallagher, Michael L. (Illinois)

Huff, Andrea Lynn (Illinois)

Power, John M. (Illinois)

Pullos, James Charles (Illinois)

Rock, John Joseph (Illinois)

Zecchin, Anthony E. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 7, 2017 Docket
1

Complaint

April 27, 2012 Complaint
24

Memorandum Opinion and Order [Motion to Dismiss]

2012 WL 5077727

Oct. 18, 2012 Order/Opinion
52

Memorandum Opinion and Order [Denying Class Certification]

Otero V. Dart

301 F.R.D. 276

Dec. 20, 2013 Order/Opinion
56

Amended Class Action Complaint

Jan. 15, 2014 Complaint
92

Memorandum Opinion and Order [Granting Motion to Modify Class]

306 F.R.D. 197

Sept. 2, 2014 Order/Opinion
168

Order [Awarding Attorney's Fees]

Sept. 22, 2015 Order/Opinion
224

Memorandum Opinion and Order [Summary Judgment]

2016 WL 74667

Jan. 7, 2016 Order/Opinion
273-2

Settlement Agreement and Release

March 25, 2016 Settlement Agreement
282

Plaintiff's Motion for Final Approval of Class Action Settlement

July 20, 2016 Settlement Agreement

Resources

Title Description External URL

Cook County to pay $1.4 million to settle jail civil rights cases

Hal Dardick

This article discusses the defendant's practices that prompted the lawsuit and the subsequent settlement. April 16, 2016 http://www.chicagotribune.com/...

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4260560/otero-v-thomas-j-dart/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Brian Otero; Jury Demand. Filing fee $ 350, receipt number 0752-7096348.(Foote, Robert) (Entered: 04/27/2012)

April 27, 2012 RECAP
2

CIVIL Cover Sheet (Foote, Robert) (Entered: 04/27/2012)

April 27, 2012 PACER
3

ATTORNEY Appearance for Plaintiff Brian Otero by Robert M. Foote (Foote, Robert) (Entered: 04/27/2012)

April 27, 2012 PACER

CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Michael T. Mason. (mh, )

April 30, 2012 PACER
4

ATTORNEY Appearance for Plaintiff Brian Otero by Kathleen Currie Chavez (Chavez, Kathleen) (Entered: 04/30/2012)

April 30, 2012 PACER
5

ATTORNEY Appearance for Plaintiff Brian Otero by Peter Lawrence Currie (Currie, Peter) (Entered: 04/30/2012)

April 30, 2012 PACER
6

ATTORNEY Appearance for Plaintiff Brian Otero by Matthew J. Herman (Herman, Matthew) (Entered: 04/30/2012)

April 30, 2012 PACER
7

ATTORNEY Appearance for Plaintiff Brian Otero by Myron Milton Cherry (Cherry, Myron) (Entered: 05/01/2012)

May 1, 2012 PACER
8

ATTORNEY Appearance for Plaintiff Brian Otero by Jacie C Zolna (Zolna, Jacie) (Entered: 05/01/2012)

May 1, 2012 PACER
9

MINUTE entry before Honorable Amy J. St. Eve: Initial status hearing set for 6/11/12 at 8:30 a.m. in courtroom 1241. Parties should refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a joint status report by 6/6/12 as set forth in the Initial Status Conferences procedure.Mailed notice (kef, ) (Entered: 05/01/2012)

May 1, 2012 PACER

SUMMONS Issued as to Defendants Cook County Illinois & Thomas J. Dart. (tlm)

May 2, 2012 PACER
10

ATTORNEY Appearance for Defendants Cook County Illinois, Thomas J. Dart by Anthony E. Zecchin (Zecchin, Anthony) (Entered: 05/11/2012)

May 11, 2012 PACER
11

MOTION by Defendants Cook County Illinois, Thomas J. Dart for extension of time to file answer regarding complaint 1 (Zecchin, Anthony) (Entered: 05/11/2012)

May 11, 2012 PACER
12

NOTICE of Motion by Anthony E. Zecchin for presentment of motion for extension of time to file answer, motion for relief 11 before Honorable Amy J. St. Eve on 5/16/2012 at 08:30 AM. (Zecchin, Anthony) (Entered: 05/11/2012)

May 11, 2012 PACER
13

ATTORNEY Appearance for Defendants Cook County Illinois, Thomas J. Dart by James Charles Pullos (Pullos, James) (Entered: 05/11/2012)

May 11, 2012 PACER
14

MINUTE entry before Honorable Amy J. St. Eve: Defendants' motion for extension of time 11 is granted. Defendants should answer or otherwise plead by 7/9/12. Joint status report should be filed by 7/9/12. Status hearing set for 6/11/12 is stricken and reset to 7/12/12 at 8:30 a.m. No appearance is required on the 5/16/12 notice date. Mailed notice (kef, ) (Entered: 05/14/2012)

May 14, 2012 PACER
15

ATTORNEY Appearance for Plaintiff Brian Otero by Christopher J Werner (Werner, Christopher) (Entered: 05/14/2012)

May 14, 2012 PACER
16

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMand/or Strike Plaintiff's Complaint (Attachments: # 1 Exhibit A, Complaint)(Pullos, James) (Entered: 07/09/2012)

1 Exhibit A, Complaint

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July 9, 2012 PACER
17

NOTICE of Motion by James Charles Pullos for presentment of Motion to Dismiss for Failure to State a Claim 16 before Honorable Amy J. St. Eve on 7/12/2012 at 08:30 AM. (Pullos, James) (Entered: 07/09/2012)

July 9, 2012 PACER
18

STATUS Report - Joint Initial Status Report by Cook County Illinois, Thomas J. Dart (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 07/09/2012)

1 Notice of Filing

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July 9, 2012 PACER

MOTION by Defendants Cook County Illinois, Thomas J. Dart to strike. (Omitted relief from document 16 .) (kj, )

July 9, 2012 PACER
19

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 7/12/2012 and continued to 10/25/2012 at 08:30 AM. Rule 26(a)(1) disclosures by 9/10/12. Defendants' motion to dismiss and/or strike plaintiff's complaint 16 is entered. Response shall be filed by 8/2/12. Reply by 8/16/12. Mailed notice (kef, ) (Entered: 07/12/2012)

July 12, 2012 PACER
20

RESPONSE by Brian Oteroin Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMand/or Strike Plaintiff's Complaint 16 (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Response to Defendants' Motion to Dismiss and/or Strike Plaintiff's Complaint, # 2 Certificate of Service Certificate of Service for Plaintiff's Response to Defendants' Motion to Dismiss and/or Strike Plaintiff's Complaint)(Werner, Christopher) (Entered: 08/02/2012)

1 Exhibit Exhibit 1 to Plaintiff's Response to Defendants' Motion to Dis

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2 Certificate of Service Certificate of Service for Plaintiff's Response to D

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Aug. 2, 2012 PACER
21

REPLY by Defendants Cook County Illinois, Thomas J. Dart to Motion to Dismiss for Failure to State a Claim 16, response in opposition to motion, 20 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 08/16/2012)

1 Notice of Filing

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Aug. 16, 2012 PACER
22

NOTICE by Peter Lawrence Currie of Change of Address (Currie, Peter) (Entered: 09/18/2012)

Sept. 18, 2012 PACER
23

MINUTE entry before Honorable Amy J. St. Eve: The Court grants in part and denies in part Cook County Illinois and Thomas J. Dart's motion to dismiss or strike 16 . Specifically, the Court denies the motion to dismiss Count I, but grants the motion to the extent that the Complaint asserts substantive claims against Cook County. The Court also grants the motion to strike Plaintiff's requests for equitable relief. [For further details see separate Memorandum Opinion and Order.]Mailed notice (kef, ) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
24

MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 10/18/2012:Mailed notice(kef, ) (Entered: 10/18/2012)

Oct. 18, 2012 RECAP
25

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 10/25/2012 and continued to 12/20/2012 at 08:30 AM. Defendants shall answer by 11/15/12. Written discovery shall be issued by 11/15/12. Parties shall submit a proposed discovery and class certification schedule by 11/1/12. Mailed notice (kef, ) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
26

Proposed Joint Initial Discovery Schedule by Brian Otero and Defendants (Werner, Christopher) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
27

ANSWER to Complaint with Jury Demand by Cook County Illinois, Thomas J. Dart(Zecchin, Anthony) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
28

NOTICE by Cook County Illinois, Thomas J. Dart re answer to complaint 27 (Zecchin, Anthony) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
29

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 12/20/2012 and continued to 2/21/2013 at 08:30 AM. Parties shall answer written discovery by 1/14/13. Plaintiff's deposition and Rule 30(b)(6) depositions shall be completed by 3/15/13. Plaintiff's motion for class certification shall be filed by 5/15/13. Response by 6/17/13. Reply by 7/1/13. Mailed notice (kef, ) (Entered: 12/20/2012)

Dec. 20, 2012 PACER
30

NOTICE by Robert M. Foote of Change of Address and Change of Firm Name (Foote, Robert) (Entered: 01/24/2013)

Jan. 24, 2013 PACER
31

NOTICE by Matthew J. Herman of Change of Address and Change of Firm Name (Herman, Matthew) (Entered: 01/24/2013)

Jan. 24, 2013 PACER
32

NOTICE by Peter Lawrence Currie of Change of Address (Currie, Peter) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
33

NOTICE by Kathleen Currie Chavez of Change of Address And of Firm Name Change (Chavez, Kathleen) (Entered: 02/04/2013)

Feb. 4, 2013 PACER
34

NOTICE by Brian Otero of Withdrawl of Appearance of Christopher J Werner as counsel for Plaintiff (Werner, Christopher) (Entered: 02/07/2013)

Feb. 7, 2013 PACER
35

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 2/21/2013 and continued to 4/18/2013 at 08:30 AM.Mailed notice (kef, ) (Entered: 02/21/2013)

Feb. 21, 2013 PACER
36

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 4/18/2013 and continued to 6/27/2013 at 08:30 AM. Motion for class certification shall be filed by 6/26/13. Response by 7/26/13. Reply by 8/9/13. Mailed notice (kef, ) (Entered: 04/18/2013)

April 18, 2013 PACER
37

MOTION by Defendants Cook County Illinois, Thomas J. Dart for extension of time (Zecchin, Anthony) (Entered: 06/11/2013)

June 11, 2013 PACER
38

NOTICE of Motion by Anthony E. Zecchin for presentment of extension of time 37 before Honorable Amy J. St. Eve on 6/18/2013 at 08:30 AM. (Zecchin, Anthony) (Entered: 06/11/2013)

June 11, 2013 PACER
39

MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 6/18/2013. Defendants' unopposed motion for extension of time for discovery 37 is granted. The Rule 30(b)(6) deposition shall take place by 6/27/13. Plaintiff's motion for class certification shall be filed by 7/19/13. Response by 8/16/13. Reply by 8/30/13. Status hearing set for 6/27/13 is stricken and reset to 7/23/13 at 8:30 a.m. Mailed notice (kef, ) (Entered: 06/18/2013)

June 18, 2013 PACER
40

NOTICE by Peter Lawrence Currie of Change of Address (Currie, Peter) (Entered: 06/27/2013)

June 27, 2013 PACER
41

MOTION by Plaintiff Brian Otero to certify class and Memorandum of Law in Support Thereof Responses due by 8/16/2013 (Attachments: # 1 Exhibit A-E, # 2 Exhibit F, # 3 Exhibit G, # 4 Appendix of Authorities Cited in Plaintiffs Motion for Class Certification That are Only Published on an Electronic Database, # 5 Exhibit 1-8 to Appendix)(Zolna, Jacie) (Entered: 07/19/2013)

1 Exhibit A-E

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2 Exhibit F

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3 Exhibit G

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4 Appendix of Authorities Cited in Plaintiffs Motion for Class Certification That

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5 Exhibit 1-8 to Appendix

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July 19, 2013 RECAP
42

MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 7/23/2013 and continued to 11/4/2013 at 08:30 AM. Plaintiff failed to appear. Failure to appear at future hearings may result in dismissal for failure to prosecute. Mailed notice (kef, ) (Entered: 07/23/2013)

July 23, 2013 PACER
43

MINUTE entry before Honorable Amy J. St. Eve: Defendants' oral motion for an extension of time is granted. Defendants' response to the motion for class certification 41 shall be filed by 8/23/13. Reply by 9/6/13. Mailed notice (kef, ) (Entered: 07/24/2013)

July 23, 2013 PACER
44

RESPONSE by Cook County Illinois, Thomas J. Dartin Opposition to MOTION by Plaintiff Brian Otero to certify class and Memorandum of Law in Support Thereof 41 (Attachments: # 1 Exhibit Plaintiff's deposition, # 2 Exhibit Holmes deposition, # 3 Exhibit Interrogatory excerpt, # 4 Appendix Unpublished cases)(Zecchin, Anthony) (Entered: 08/23/2013)

1 Exhibit Plaintiff's deposition

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2 Exhibit Holmes deposition

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3 Exhibit Interrogatory excerpt

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4 Appendix Unpublished cases

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Aug. 23, 2013 PACER
45

NOTICE by Cook County Illinois, Thomas J. Dart re response in opposition to motion, 44 (Zecchin, Anthony) (Entered: 08/23/2013)

Aug. 23, 2013 PACER
46

REPLY by Plaintiff Brian Otero to response in opposition to motion, 44, motion to certify class, 41 (Attachments: # 1 Appendix of Authorities Cited in Plaintiffs Motion for Class Certification That are Only Published on an Electronic Database, # 2 Exhibit 1-6 to Appendix)(Zolna, Jacie) (Entered: 09/06/2013)

1 Appendix of Authorities Cited in Plaintiffs Motion for Class Certification That

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2 Exhibit 1-6 to Appendix

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Sept. 6, 2013 PACER
47

MOTION by Plaintiff Brian Otero to compel Responses to Second Set of Discovery Requests (Attachments: # 1 Exhibit A-D)(Zolna, Jacie) (Entered: 10/28/2013)

1 Exhibit A-D

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Oct. 28, 2013 PACER
48

NOTICE of Motion by Jacie C Zolna for presentment of motion to compel 47 before Honorable Amy J. St. Eve on 11/4/2013 at 08:30 AM. (Zolna, Jacie) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
49

MINUTE entry before Honorable Amy J. St. Eve: Status hearing held on 11/4/2013 and continued to 12/16/2013 at 08:30 AM. Plaintiff's motion to compel 47 is denied as moot in light of defendants' agreement to produce the documents. Defendant shall answer the second set of document requests by 11/8/13. Defendants shall answer the second set of interrogatories by 11/18/13. Mailed notice (kef, ) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
50

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 12/16/2013 and continued to 1/15/2014 at 08:30 AM. Parties are directed to meet and confer regarding remaining discovery issues once the class certification ruling is issued. Mailed notice (kef, ) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
51

MINUTE entry before the Honorable Amy J. St. Eve: The Court denies Plaintiff's motion for class certification 41 with prejudice to the extent Plaintiff seeks to certify a class based on the alleged unreasonableness of the delay in releasing acquitted detainees from Cook County Jail, and without prejudice to the extent Plaintiff seeks to certify a class challenging one or more specific detention procedures applied to acquitted detainees held at Cook County Jail. [For further details, see separate Memorandum Opinion and Order.] Mailed notice (kef, ) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
52

MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 12/20/2013:Mailed notice(kef, ) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
53

MOTION by Plaintiff Brian Otero for leave to file Amended Complaint (Attachments: # 1 Exhibit (Proposed Amended Complaint))(Zolna, Jacie) (Entered: 01/08/2014)

1 Exhibit (Proposed Amended Complaint)

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Jan. 8, 2014 PACER
54

NOTICE of Motion by Jacie C Zolna for presentment of motion for leave to file 53 before Honorable Amy J. St. Eve on 1/15/2014 at 08:30 AM. (Zolna, Jacie) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
55

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing held on 1/15/2014 and continued to 2/6/2014 at 08:30 AM. Plaintiff's motion for leave to file amended complaint 53 is granted. Counsel shall separately file the amended complaint upon receipt of this order. Defendants shall answer or otherwise plead by 2/5/14. Plaintiff's renewed motion for class certification shall be filed by 1/31/14. Mailed notice (kef, ) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
56

AMENDED complaint by Brian Otero against Cook County Illinois, Thomas J. Dart (Zolna, Jacie) (Entered: 01/15/2014)

Jan. 15, 2014 RECAP
57

MOTION by Defendants Cook County Illinois, Thomas J. Dart for extension of time to file answer regarding amended complaint 56 (Zecchin, Anthony) (Entered: 01/28/2014)

Jan. 28, 2014 PACER
58

NOTICE of Motion by Anthony E. Zecchin for presentment of motion for extension of time to file answer, motion for relief 57 before Honorable Amy J. St. Eve on 2/3/2014 at 08:30 AM. (Zecchin, Anthony) (Entered: 01/28/2014)

Jan. 28, 2014 PACER
59

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for extension of time 57 is granted. Defendants shall answer or otherwise plead by 2/19/14. Status hearing set for 2/6/14 is stricken and reset to 2/24/14 at 8:30 a.m. No appearance is required on the 2/3/14 notice date. Mailed notice (kef, ) (Entered: 01/29/2014)

Jan. 29, 2014 PACER
60

MOTION by Plaintiff Brian Otero to certify class (Renewed) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Appendix of Authorities Cited in Plaintiff's Renewed Motion for Class Certification That are Only Published on an Electronic Database, # 8 Exhibit 1-11 to Appendix)(Zolna, Jacie) (Entered: 01/30/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Appendix of Authorities Cited in Plaintiff's Renewed Motion for Class Cert

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8 Exhibit 1-11 to Appendix

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Jan. 30, 2014 PACER
61

MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's renewed motion for class certification 60 is entered. Response by 2/21/14. Reply by 3/7/14. Mailed notice (kef, ) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
62

MOTION by Defendants Cook County Illinois, Thomas J. Dart for extension of time to file response/reply as to motion to certify class, 60 (Zecchin, Anthony) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
63

NOTICE of Motion by Anthony E. Zecchin for presentment of motion for extension of time to file response/reply, motion for relief 62 before Honorable Amy J. St. Eve on 2/18/2014 at 08:30 AM. (Zecchin, Anthony) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
64

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' unopposed motion for extension of time 62 is granted. Defendants' response to plaintiff's motion for class certification 60 shall be filed by 3/14/14. Reply by 4/4/14. No appearance is required on the 2/18/14 notice date. Mailed notice (kef, ) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
65

ANSWER to amended complaint by Cook County Illinois, Thomas J. Dart(Zecchin, Anthony) (Entered: 02/19/2014)

Feb. 19, 2014 RECAP
66

NOTICE by Cook County Illinois, Thomas J. Dart re answer to amended complaint 65 (Zecchin, Anthony) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
67

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 2/24/2014 and continued to 6/10/2014 at 08:30 AM. Defendants are given leave to file a response brief up to 25 pages. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Parties are directed to contact the courtroom deputy, 312/435-5879, by 3/14/14 to inform the court whether or not there is interest in participating in a settlement conference. Mailed notice (kef, ) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
68

MOTION by Defendants Cook County Illinois, Thomas J. Dart for extension of time to file response/reply as to motion to certify class, 60 (Zecchin, Anthony) (Entered: 03/07/2014)

March 7, 2014 PACER
69

NOTICE of Motion by Anthony E. Zecchin for presentment of motion for extension of time to file response/reply, motion for relief 68 before Honorable Amy J. St. Eve on 3/12/2014 at 01:30 PM. (Zecchin, Anthony) (Entered: 03/07/2014)

March 7, 2014 PACER
70

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for extension of time 68 is granted. Defendants' response to plaintiff's motion for class certification 60 shall be filed by 3/28/14. Reply by 4/25/14. Status hearing set for 6/10/14 is stricken and reset to 6/30/14 at 8:30 a.m. No appearance is required on the 3/12/14 notice date. Mailed notice (kef, ) (Entered: 03/10/2014)

March 10, 2014 PACER
71

MOTION by Defendants Cook County Illinois, Thomas J. Dart to stay (Zecchin, Anthony) (Entered: 03/20/2014)

March 20, 2014 PACER
72

NOTICE of Motion by Anthony E. Zecchin for presentment of motion to stay 71 before Honorable Amy J. St. Eve on 3/25/2014 at 08:30 AM. (Zecchin, Anthony) (Entered: 03/20/2014)

March 20, 2014 PACER
73

RESPONSE by Brian Oteroin Opposition to MOTION by Defendants Cook County Illinois, Thomas J. Dart to stay 71 Class Certification (Zolna, Jacie) (Entered: 03/21/2014)

March 21, 2014 PACER
74

MINUTE entry before the Honorable Amy J. St. Eve:Motion hearing held on 3/25/2014. Defendants' motion to stay class certification 71 is entered and taken under advisement. Defendants' response to plaintiff's motion for class certification 60 shall be filed by 4/10/14. Reply by 5/1/14. Mailed notice (kef, ) (Entered: 03/25/2014)

March 25, 2014 PACER
75

MINUTE entry before the Honorable Amy J. St. Eve: Defendant's motion to stay class certification 71 is denied. The Court is not persuaded that Defendant needs the additional discovery to respond to the pending motion for class certification as opposed to addressing the merits of the underlying action. In addition, much of the noted discovery is in Defendant's possession.Mailed notice (kef, ) (Entered: 03/26/2014)

March 26, 2014 PACER
76

ATTORNEY Appearance for Defendants Cook County Illinois, Thomas J. Dart by Michael L. Gallagher (Gallagher, Michael) (Entered: 03/28/2014)

March 28, 2014 PACER
77

MOTION by Defendants Cook County Illinois, Thomas J. Dart for leave to file excess pages (Zecchin, Anthony) (Entered: 04/07/2014)

April 7, 2014 PACER
78

NOTICE of Motion by Anthony E. Zecchin for presentment of motion for leave to file excess pages 77 before Honorable Amy J. St. Eve on 4/10/2014 at 08:30 AM. (Zecchin, Anthony) (Entered: 04/07/2014)

April 7, 2014 PACER
79

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion for leave to file excess pages 77 is granted. Defendants are given leave to file a response brief of up to 40 pages to plaintiff's motion for class certification. Mailed notice (kef, ) (Entered: 04/07/2014)

April 7, 2014 PACER
80

RESPONSE by Cook County Illinois, Thomas J. Dartin Opposition to MOTION by Plaintiff Brian Otero to certify class (Renewed) 60 (Attachments: # 1 Exhibit Interrogatory response, # 2 Exhibit Dep. of Holmes, # 3 Exhibit Luna declaration, # 4 Exhibit Giunta affidavit, # 5 Exhibit Patel declaration, # 6 Exhibit Jones declaration, # 7 Exhibit Dep. of Plainiff, # 8 Exhibit Plaintiff's convictions)(Zecchin, Anthony) (Entered: 04/10/2014)

1 Exhibit Interrogatory response

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2 Exhibit Dep. of Holmes

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3 Exhibit Luna declaration

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4 Exhibit Giunta affidavit

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5 Exhibit Patel declaration

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6 Exhibit Jones declaration

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7 Exhibit Dep. of Plainiff

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8 Exhibit Plaintiff's convictions

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April 10, 2014 PACER
81

NOTICE by Cook County Illinois, Thomas J. Dart re response in opposition to motion, 80 (Zecchin, Anthony) (Entered: 04/10/2014)

April 10, 2014 PACER
82

APPENDIX of Unpublished Cases (Zecchin, Anthony) (Entered: 04/11/2014)

April 11, 2014 PACER
83

MOTION by Plaintiff Brian Otero for leave to file excess pages (Unopposed) (Zolna, Jacie) (Entered: 04/16/2014)

April 16, 2014 PACER
84

NOTICE of Motion by Jacie C Zolna for presentment of motion for leave to file excess pages 83 before Honorable Amy J. St. Eve on 4/22/2014 at 08:30 AM. (Zolna, Jacie) (Entered: 04/16/2014)

April 16, 2014 PACER
85

MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's motion for leave to file excess pages 83 is granted. No appearance is required on the 4/22/14 notice date. Mailed notice (kef, ) (Entered: 04/17/2014)

April 17, 2014 PACER
86

ATTORNEY Appearance for Plaintiff Brian Otero by Alexandra Leigh Nickow (Nickow, Alexandra) (Entered: 04/18/2014)

April 18, 2014 PACER
87

REPLY by Plaintiff Brian Otero to response in opposition to motion, 80, motion to certify class, 60 (Zolna, Jacie) (Entered: 04/28/2014)

April 28, 2014 PACER
88

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 6/30/14 is stricken and reset to 7/2/2014 at 08:30 AM.Mailed notice (kef, ) (Entered: 04/30/2014)

April 30, 2014 PACER
89

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 7/2/14 is stricken and reset to 8/13/2014 at 08:30 AM.Mailed notice (kef, ) (Entered: 06/30/2014)

June 30, 2014 PACER
90

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 8/13/14 is stricken and reset to 9/3/2014 at 08:30 AM.Mailed notice (kef, ) (Entered: 08/11/2014)

Aug. 11, 2014 PACER
91

MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's renewed motion for class certification 60 is granted with a modification of the class definition. [For further details, see separate Memorandum Opinion and Order.] Mailed notice (kef, ) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
92

MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 9/2/2014:Mailed notice(kef, ) (Entered: 09/02/2014)

Sept. 2, 2014 RECAP
93

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 9/3/2014 and continued to 10/21/2014 at 08:30 AM. Fact discovery shall be completed by 1/9/15. Parties are directed to contact the courtroom deputy, 312/435-5879, by 9/23/14 to inform the court whether or not they are interested in participating in a settlement conference. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) (Entered: 09/03/2014)

Sept. 3, 2014 PACER
94

MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 10/21/14 is stricken and reset to 10/24/2014 at 08:30 AM.Mailed notice (kef, ) (Entered: 09/05/2014)

Sept. 5, 2014 PACER
95

Defendant Dart's Rule 23(f) Petition for permission to appeal by Thomas J. Dart. (smm) (Entered: 09/19/2014)

Sept. 16, 2014 RECAP
96

CERTIFIED Copy of ORDER from USCA, 7th Circuit, Case no. 14-8024: 1. DEFENDANT DART'S RULE 23(f) PETITION FOR PERMISSION TO APPEAL, filed on September 16, 2014, by counsel for the petitioner. 2. PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT DART'S RULE 23(f) PETITION FOR PERMISSION TO APPEAL, filed on September 29, 2014, by counsel for the respondent. IT IS ORDERED that the petition is DENIED. (sxw) (Entered: 10/14/2014)

Oct. 10, 2014 PACER
97

MOTION by Petitioner Annette Bell to reassign case Bell v. Dart, 14-cv-8059 (Flaxman, Kenneth) (Entered: 10/20/2014)

Oct. 20, 2014 PACER

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 4, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All male inmates who while being detained by the Cook County Sheriff’s Office were found not guilty, were acquitted, or had charges brought against them dismissed, and for whom the Sheriff’s Office no longer had any legal right to detain from April 27, 2010 through the present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County (Cook), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5,315,000

Order Duration: 2016 - 2017

Content of Injunction:

Discrimination Prohibition

Monitoring

Reporting

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Failure to supervise

Over/Unlawful Detention

Placement in detention facilities

Discrimination-basis:

Sex discrimination

Affected Gender:

Male