Case: Bolden v. Stroger

1:03-cv-05617 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 12, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 12, 2003, four pretrial detainees in the Cook County Jail brought this suit in the U.S. District Court for the Northern District Court of Illinois on behalf of those suffering from mental illness while confined. The plaintiffs sued Cook County, the president of the Cook County Board, the Cook County sheriff, and the Director of the Cook County Department of Health Services under 42 U.S.C. §12101, 42 U.S.C. §1983, and the Americans with Disabilities Act (ADA). The plaintiffs sought inj…

On August 12, 2003, four pretrial detainees in the Cook County Jail brought this suit in the U.S. District Court for the Northern District Court of Illinois on behalf of those suffering from mental illness while confined. The plaintiffs sued Cook County, the president of the Cook County Board, the Cook County sheriff, and the Director of the Cook County Department of Health Services under 42 U.S.C. §12101, 42 U.S.C. §1983, and the Americans with Disabilities Act (ADA). The plaintiffs sought injunctive and declarative relief from the defendants' policy and practice of disallowing inmates with mental illness from participating in prerelease programs, claiming that this was in violation of the ADA. The plaintiffs also challenged the defendants' policy of discharging such individuals without providing them medication and referrals to manage their mental illness as violative of the Due Process Clause of Fourteenth Amendment and the ADA.

On September 9, 2003, the defendants moved to dismiss both counts claiming that the plaintiffs failed to exhaust administrative remedies, that three of the defendants did not meet the definition of public entity under the ADA and that the plaintiffs lacked standing to bring their claims. On March 2, 2004, Judge Elaine Bucklo granted defendants' motion to dismiss, holding that the plaintiffs fell under a decree that authorized pre-release programs to alleviate overcrowding in the county jails. The judge held that because the plaintiffs claims were inextricably intertwined to the decree, the original court monitoring that decree was the proper forum to hear a proposed modification. Thus, the complaint was dismissed without prejudice, allowing plaintiffs to refile their claims before the appropriate presiding judges.

The plaintiffs filed a motion to alter and amend the judgment on March 16, 2004 which was initially denied. On May 5, 2004, the plaintiffs appealed this denial to the Seventh Circuit, but on October 26, 2004, Judge Elaine Bucklo granted the plaintiffs' motion for relief and the case was reopened to rule on the previously filed motion to dismiss (the reason for this change is unclear).

On February 1, 2005, Judge Elaine Bucklo granted the defendants' motion and dismissed the case. The court applied an exhaustion requirement to the ADA claim that inmates were prevented from participating in prerelease programs. 2005 WL 283419. The court also found plaintiffs had failed to exhaust administrative remedies and that they lacked standing to bring the claim (all four had been released since the complaint was filed), but did not address the issue of whether defendants were not proper under the ADA.

Summary Authors

Abigail DeHart (2/14/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5324637/parties/bolden-v-stroger/


Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Mason, Byron L. (Illinois)

Mathis, Jennifer (District of Columbia)

Miller, Laura J. (Illinois)

Redleaf, Diane L. (Illinois)

Seltzer, Tamara Lynn (District of Columbia)

Taylor, Barry Charlton (Illinois)

Attorneys(s) for Defendant

Brown, Daniel Edward (Illinois)

Garcia, Stephen L. (Illinois)

Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Mason, Byron L. (Illinois)

Mathis, Jennifer (District of Columbia)

Miller, Laura J. (Illinois)

Redleaf, Diane L. (Illinois)

Seltzer, Tamara Lynn (District of Columbia)

Taylor, Barry Charlton (Illinois)

Attorneys(s) for Defendant

Brown, Daniel Edward (Illinois)

Garcia, Stephen L. (Illinois)

Hegeman, Louis R. (Illinois)

Roddy, Joseph P. (Illinois)

Sikes, Richard Thomas Jr. (Illinois)

Documents in the Clearinghouse

Document

Docket

March 3, 2005 Docket
1

Complaint

Aug. 12, 2003 Complaint
32

Memorandum Opinion and Order

306 F.Supp.2d 792

March 2, 2004 Order/Opinion
50

Memorandum Opinion and Order [dismissal]

2005 WL 283419

Feb. 1, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5324637/bolden-v-stroger/

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

ECF Number Description Date Link
1

COMPLAINT − Civil cover sheet − Appearance(s) of Byron L. Mason, Laura J. Miller, Diane L. Redleaf, Barry Charlton Taylor as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1−1 through 1−3) (rmm) (Entered: 08/12/2003)

Aug. 12, 2003

RECEIPT regarding payment of filing fee paid; on 8/12/03 in the amount of $ 150.00, receipt # 106 26149. (rmm) (Entered: 08/12/2003)

Aug. 12, 2003
2

MOTION by plaintiff for certification of two plaintiff classes (rmm) (Entered: 08/13/2003)

Aug. 12, 2003

SUMMONS issued (3 originals and 3 copies) as to Ruth Rothstein, John Stroger, Michael Sheahan (rmm) (Entered: 08/29/2003)

Aug. 28, 2003
6

MOTION by plaintiffs for certification of two plaintiff classes ; Notice (rmm) (Entered: 09/18/2003)

Aug. 28, 2003
3

APPLICATION for leave to appear pro hac vice for plaintiffs by Ira Abraham Burnim; Order entered granting leave by Hon. Elaine E. Bucklo (eav) (Entered: 09/17/2003)

Sept. 10, 2003
4

APPLICATION for leave to appear pro hac vice for plaintiffs by Jennifer Mathis ; Order entered granting leave by Hon. Elaine E. Bucklo (eav) (Entered: 09/17/2003)

Sept. 10, 2003
5

APPLICATION for leave to appear pro hac vice for plaintiffs by Tamara Lynn Seltzer ; Order entered granting leave by Hon. Elaine E. Bucklo (eav) (Entered: 09/17/2003)

Sept. 14, 2003

MAILED Rule 83.16 letter and appearance form to Ira Abraham Burnim, Jennifer Mathis and Tamara Lynn Seltzer (eav) (Entered: 09/17/2003)

Sept. 17, 2003
7

MINUTE ORDER of 9/17/03 by Hon. Elaine E. Bucklo: Response to motion for certification of two plaintiff classes [2−1] [6−1] is due by October 17, 2003; and any reply by October 31, 2003. Ruling on motion for certification of two plaintiff classes [2−1] [6−1] set for December 5, 2003 at 10:00 a.m. Mailed notice (rmm) (Entered: 09/18/2003)

Sept. 17, 2003
9

ATTORNEY APPEARANCE for defendants John Stroger, County of Cook, Ruth Rothstein by Louis R. Hegeman and Stephen L. Garcia; Notice (Attachment) (rmm) (Entered: 09/30/2003)

Sept. 29, 2003
10

MOTION by defendants John Stroger, County of Cook and Ruth Rothstein to transfer case , to dismiss; Memorandum in support (Attachments); Notice (rmm) Modified on 01/08/2004 (Entered: 10/02/2003)

Sept. 29, 2003
11

MINUTE ORDER of 10/1/03 by Hon. Elaine E. Bucklo: The briefing schedule set in the order dated September 23, 2003 with respect to defendant's motion to dismiss will be applied to defendant's motion to transfer or dismiss. Mailed notice (rmm) (Entered: 10/02/2003)

Oct. 1, 2003
14

MOTION by plaintiffs for default judgment against Sheriff Sheahan or, in the alternative, to set prompt deadline by which Sheriff shall answer or otherwise plead , and to amend pending briefing schedule on other defendants' motion to dismiss or transfer (Attachments); Notice (rmm) (Entered: 10/28/2003)

Oct. 16, 2003
12

ATTORNEY APPEARANCE for defendant Michael Sheahan by Richard Thomas Sikes Jr., Joseph P. Roddy, Daniel Edward Brown (rmm) (Entered: 10/22/2003)

Oct. 21, 2003
13

OPENING MEMORANDUM of law by plaintiffs in support of certification of two plaintiff classes [2−1], [6−1] (Attachments); Notice (rmm) (Entered: 10/24/2003)

Oct. 23, 2003
15

MINUTE ORDER of 10/27/03 by Hon. Elaine E. Bucklo: Plaintiff's motion for default judgment against Sheriff Sheahan is withdrawn [14−1]. Plaintiffs' motion to set prompt deadline to file answer or otherwise plead [14−2] and to amend pending briefing schedule on other defendants' motion to dismiss or transfer is granted [14−3]. Accordingly, defendant Sheahan has until 11/7/03 to answer or otherwise plead. If a motion to dismiss is filed, plaintiffs' responses to motions to dismiss will be extended to 11/17/03; and any replies to 11/24/03. Ruling set for 12/5/03 is reset for 12/18/03 at 10:00 a.m. Mailed notice (rmm) (Entered: 10/28/2003)

Oct. 27, 2003
16

NOTICE by plaintiffs' attorney, Ira Abraham Burnim of change of address (rmm) (Entered: 11/07/2003)

Nov. 6, 2003
17

MOTION by Sheriff Michael Sheahan to dismiss Counts I and II of plaintiffs' complaint against him , or transfer to the court overseeing the existing consent decree ; Memorandum in support (Attachments); Notice (rmm) (Entered: 11/10/2003)

Nov. 7, 2003
20

MOTION by defendants County of Cook, John H. Stroger, Jr., and Ruth Rothstein to stay briefing of plaintiffs' motion for class certification pending this court's adjudication of their amended motion to transfer or dismiss ; Notice (Attachment) (rmm) (Entered: 11/19/2003)

Nov. 7, 2003
21

MOTION by defendants John Stroger, County of Cook and Ruth Rothstein for leave to file defendants' amended motion to transfer or dismiss and supporting memorandum ; Notice (Attachment) (rmm) (Entered: 11/19/2003)

Nov. 7, 2003
18

ATTORNEY APPEARANCE for plaintiffs by Ira Burnim, Tamara Lynn Seltzer and Jennifer Mathis (rmm) (Entered: 11/12/2003)

Nov. 10, 2003
22

MOTION by defendant Sheriff Michael Sheahan for leave to join County defendants' motion to stay briefing on class certification issues ; Notice (Attachment) (rmm) (Entered: 11/19/2003)

Nov. 13, 2003
23

MINUTE ORDER of 11/14/03 by Hon. Elaine E. Bucklo : Defendants' motion for leave to file amended motion to transfer or dismiss is granted [21−1]. Sheriff's motion for leave to join County defendants' motion to stay briefing on class certification issues is granted [22−1]. Defendants' motion to stay briefing of plaintiffs' motion for class certification pending this court's adjudication of their amended motion transfer or dismiss is also granted [20−1]. Sheriff has until 11/21/03 to file memorandum in support of the amended motion to transfer or dismiss. Response to the amended motion will be due by 12/12/03; and any reply by 12/29/03. Ruling set for 12/18/03 is reset for 1/30/04 at 10:00 a.m. Ruling set for 12/5/03 is vacated. Mailed notice (rmm) (Entered: 11/19/2003)

Nov. 14, 2003
24

MOTION by defendant Sheriff Michael Sheahan to join in parts of County defendants amended motion to dismiss or tansfer (Attachments); Notice (rmm) Modified on 05/24/2004 (Entered: 11/24/2003)

Nov. 21, 2003
25

MOTION by plaintiff for leave to file an oversized brief ; Notice (rmm) (Entered: 12/16/2003)

Dec. 12, 2003
26

OPPOSITION by plaintiffs to defendants amended motion to dismiss or transfer [19−1] (Attachments); Notice (rmm) (Entered: 12/16/2003)

Dec. 12, 2003
27

MINUTE ORDER of 12/15/03 by Hon. Elaine E. Bucklo : Plaintiffs' motion for leave to file an oversized brief is granted [25−1]. Mailed notice (rmm) (Entered: 12/16/2003)

Dec. 15, 2003
28

JOINT MOTION by defendants Michael Sheahan, John Stroger, and Ruth Rothstein for an extension of time to file their reply to plaintiffs oversized brief ; Notice (rmm) (Entered: 12/31/2003)

Dec. 29, 2003
29

MINUTE ORDER of 12/30/03 by Hon. Elaine E. Bucklo: Defendants' joint motion for extension of time [28−1] until 1/7/04 to file their reply on motion to dismiss [10−2] [17−1] or transfer [10−1] [17−2] is granted. Mailed notice (rmm) (Entered: 12/31/2003)

Dec. 30, 2003
30

REPLY by Sheriff Michael Sheahan to plaintiffs' opposition to defendants' amended motion to dismiss or transfer [26−1] (Attachments); Notice (rmm) (Entered: 01/08/2004)

Jan. 7, 2004
31

REPLY by defendants John Stroger County of Cook and Ruth Rothstein to in support of their amended motion to dismiss or transfer (Attachments); Notice (rmm) (Entered: 01/08/2004)

Jan. 7, 2004
32

MINUTE ORDER of 3/2/04 by Hon. Elaine E. Bucklo : Enter Memorandum Opinion and Order granting defendants' motion to dismiss. This case is therefore dismissed without prejudice and plaintiffs may refile their claims before the appropriate presiding judges. Motions for certification of two plaintiff classes [2−1] [6−1] are denied as moot. Any other pending motion in this case is also denied as moot. Entered Memorandum Opinion and Order. , terminating case Mailed notice (rmm) (Entered: 03/03/2004)

March 2, 2004
33

ENTERED JUDGMENT (rmm) (Entered: 03/03/2004)

March 2, 2004
34

MOTION by plaintiffs to alter and amend judgment of 3/2/04 ; Notices (rmm) (Entered: 03/16/2004)

March 15, 2004
35

MINUTE ORDER of 3/24/04 by Hon. Elaine E. Bucklo: Plaintiffs' motion to alter and amend judgment is denied [34−1]. It is, of coure, up to the judge or judges in the other case to determine how to proceed. Mailed notice (rmm) (Entered: 03/25/2004)

March 24, 2004
36

MOTION by plaintiffs for extension of time to file notice of appeal ; Notice (cdy) (Entered: 04/29/2004)

April 16, 2004
37

MINUTE ORDER of 4/28/04 by Hon. Elaine E. Bucklo: Plaintiffs' motion for extension of time until 05/24/04 to file notice of appeal [36−1], is granted. Mailed notice (cdy) (Entered: 04/29/2004)

April 28, 2004
39

MINUTE ORDER of 5/21/04 by Hon. Elaine E. Bucklo: Response to plaintiffs' motion for relief from order of 03/24/2004 [38−1] is due 6/4/2004; and any reply by 6/18/ 2004. Ruling on motion for relief from order of March 24, 2004 [38−1] will be made by mail by 7/2/2004. Mailed notice (rmm) (Entered: 05/24/2004)

May 21, 2004
40

NOTICE OF APPEAL by plainitffs Cornell Bolden, Michael Amato, Charles Morgan, and Keith Jackson motion minute order [32−3], Scheduling order terminating case [32−2], Scheduling order Entered Memorandum Opinion and Order. [32−1], judgment entered [33−1], motion minute order [35−1] ( Fee Paid) (dj) (Entered: 05/25/2004)

May 24, 2004

TRANSMITTED to the 7th Circuit the short record on appeal [40−1] . Mailed notice to all counsel. (dj) (Entered: 05/25/2004)

May 25, 2004
41

ACKNOWLEDGEMENT of receipt of short record on appeal [40−1] USCA 04−2341 (rmm) (Entered: 05/27/2004)

May 26, 2004
42

RESPONSE by Sheriff, Michael Sheahan, to plaintiffs' motion for relief from order of March 24, 2004 [38−1] (Attachments); Notice (rmm) (Entered: 06/07/2004)

June 4, 2004
43

RESPONSE by defendants John Stroger, County of Cook and Ruth Rothstein in opposition to plaintiffs' motion for relief from order of March 24, 2004 [38−1] (Attachments); Notice (rmm) (Entered: 06/07/2004)

June 4, 2004

TRANSMITTED to the 7th Circuit the long record on appeal no. 04−2341 consisting of 1 volume of pleadings and 2 loose pleadings. [40−1] Mailed notice to all counsel. (dj) (Entered: 06/14/2004)

June 14, 2004
44

REPLY by plaintiffs in support of motion for relief from order of March 24, 2004 [38−1] (Attachment); Notice (rmm) (Entered: 06/21/2004)

June 18, 2004
45

MINUTE ORDER of 10/26/04 by Hon. Elaine E. Bucklo: Plaintiffs' motion for relief from order of March 24, 2004 is granted [38−1], subject to dismissal of their appeal by the Seventh Circuit. Status hearing set for 12/10/04 at 10:00 a.m. (See reverse of minute order.) Mailed notice (ntf) Modified on 10/27/2004 (Entered: 10/27/2004)

Oct. 26, 2004

SCHEDULE set on 12/10/04 by Hon. Elaine E. Bucklo : Status hearing held. No notice (mpj) (Entered: 12/16/2004)

Dec. 10, 2004
46

MINUTE ORDER of 12/20/04 by Hon. Elaine E. Bucklo: The docket clerk is directed to re−open the case. The court will rule on the previously filed motion to dismiss by 02/21/05. Case reopened Mailed notice (cdy) (Entered: 12/21/2004)

Dec. 20, 2004
47

SUPPLEMENTAL REPLY by defendant Sheriff Michael Sheahan to plaintiffs' opposition to defendants' amended motion to dismiss or transfer; Notice (rmm) (Entered: 01/11/2005)

Jan. 10, 2005
48

CERTIFIED copy of Order dated 6/9/04 from the 7th Circuit. ( 04−2341) Upon consideration of the motion for limited remand, filed on June 4, 2004, by counsel for the appellants, It is ordered that the motion is denied as unnecessary. The district court has "the power to employ appropriate procedures for clarifying the issues raised by" a motion under Fed. R. Civ. P. 60(b). Boyko v. Anderson, 185 F.3d 672, 675 (7th Cir. 1999). It is further ordered that proceedings in this Court are temporarily stayed pending resolution of the Rule 60(b) motion by the district court. If the district court is inclined to grant the motion, then the district court should indicate its willingness to do so and this case will then be remanded for the purpose of modifying the judgment. Cir. R. 57. The parties are directed to file statements of position with this Court within seven days of the disposition of the Rule 60(b) motion by the district court. (rmm) (Entered: 01/14/2005)

Jan. 13, 2005
49

MINUTE entry before Judge Elaine E. Bucklo : Defendants' amended motion to dismiss plaintiffs' claims is granted. Accordingly, this action is dismissed and judgment is entered in favor of defendants and against plaintiffs. Any pending motion in this case is terminated as moot. Any schedule set in this case is now vacated. Defendants' motion to transfer is denied as moot. Enter Memorandum Opinion and Order. Case terminated. Mailed notice (vmj, ) (Entered: 02/03/2005)

Feb. 1, 2005
51

ENTERED JUDGMENT Signed by Judge Elaine E. Bucklo on 2/1/2005. (rbf, ) (Entered: 02/03/2005)

Feb. 1, 2005
52

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 04−2341 consisting of one (1) volume of pleadings and two (2) loose pleadings. (jmp, ) (Entered: 03/08/2005)

March 3, 2005
53

MANDATE of USCA dated 2/9/2005 regarding notice of appeal, 40 ; USCA No. 04−2341. It is ordered that the motion to dismiss appeal filed on 2/4/2005 is granted. The appeal is hereby dismissed. (jmp, ) (Entered: 03/08/2005)

March 3, 2005

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 12, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four detainees who suffered from mental illness and were confined the Cook County Jail while awaiting trial.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Cook County (Chicago, Cook), 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.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Deinstitutionalization/decarceration

Placement in detention facilities

Rehabilitation

Affected Gender:

Male

Disability:

Mental impairment

Mental Disability:

Depression

Schizophrenia

Medical/Mental Health:

Dementia

Medication, administration of

Mental health care, general

Type of Facility:

Government-run