Case: Murphy v. Madigan (Murphy v. Raoul)

1:16-cv-11471 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 12, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 12, 2016, seven prisoners in the custody of the Illinois Department of Corrections (IDOC) filed this class-action lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the State of Illinois and its attorney general under 42 U.S.C. §1983. Represented by private counsel, they sought declaratory and injunctive relief, alleging that Illinois, by its policies regarding individuals convicted of sex-related offenses, had violated their rights under …

On December 12, 2016, seven prisoners in the custody of the Illinois Department of Corrections (IDOC) filed this class-action lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the State of Illinois and its attorney general under 42 U.S.C. §1983. Represented by private counsel, they sought declaratory and injunctive relief, alleging that Illinois, by its policies regarding individuals convicted of sex-related offenses, had violated their rights under the Eight and Fourteenth Amendments. The case was assigned to Judge Virginia M. Kendall.

Individuals convicted of certain sex-related offenses under Illinois law are subject to overlapping statutory and regulatory schemes that make it difficult for prisoners to satisfy conditions required for their release from prison. The Illinois Unified Code of Corrections provides that for all felony convictions, the sentencing court must provide within the sentencing order a term of parole or mandatory supervised release (MSR). Individuals convicted after July 1, 2005 of predatory criminal sexual assault of a child, aggravated sexual criminal assault, or criminal sexual assault, and individuals convicted after January 1, 2009 of aggravated child pornography or manufacturing or dissemination of child pornography were subject to a mandatory indeterminate term of MSR. The indeterminate duration of MSR could range from three years to life: an individual could only apply for termination of his indeterminate MSR sentence after completing three years of MSR outside of prison. A prisoner could not receive credit for MSR time served while in custody.

The Prison Review Board (PRB) required that before inmates could be released from IDOC custody, they had to have an approved “host site” to reside at while serving their MSR term. IDOC only approved host sites that met all housing restrictions imposed by statute, by IDOC, and by the Prison Review Board. Illinois did not provide housing resources for inmates, and halfway homes and homeless shelters automatically rejected individuals with sex-related convictions. Each plaintiff had either submitted multiple host sites and been denied by the IDOC, or was indigent and had no housing options to select for their host site. The plaintiffs alleged that the multiple restrictions created an unmeetable condition that forced them to spend the duration of their MSR term incarcerated. For the plaintiffs that were given an indeterminate MSR sentence, the unmeetable conditions resulted in life imprisonment.

On February 17, 2017, IDOC moved to dismiss the complaint on three grounds:

  1. Two of the plaintiffs’ claims lacked standing because they had not yet completed their incarceration sentences;
  2. The plaintiffs’ claim against the duration of their confinement should have been raised as a habeas action, not under 42 U.S.C. §1983; and
  3. The plaintiffs’ claims failed to allege sufficient facts for their constitutional claims.
On August 18, 2017, the court granted in part IDOC’s motion to dismiss, holding that the plaintiffs did not need to file a habeas action in order to receive the requested relief, and that all constitutional claims were appropriate except for the due process claim. The court granted, however, IDOC’s motion to dismiss with respect to two plaintiffs because their claims were based on post-release conditions and the plaintiffs had not yet been released. She further granted the motion with respect to the plaintiffs’ procedural due process claim because of vagueness.

On December 6, 2017, the plaintiffs moved for class certification and appointment of class counsel. They sought to certify a class of inmates who had completed their sentenced term and were currently detained in the IDOC and denied release because of their inability to find an approved host site. The court approved the unopposed motion on April 6, 2018, defining the class as all individuals sentenced to serve “three-years-to-life” on MSR, currently detained in IDOC, who have been approved for release on MSR but have been denied release from IDOC custody because of their inability to obtain an approved host site. Once discovery ended, both parties sought summary judgment. On March 31, 2019, the court granted the plaintiffs’ motion for summary judgment in part and denied IDOC’s cross-motion for summary judgment.

The court held that the state’s host site requirement resulted in the continued deprivation of the plaintiffs’ Eighth Amendment and Fourteenth Amendment equal protection rights. The court also addressed whether the proper vehicle to bring the plaintiffs’ claims was 42 U.S.C. §1983 or a petition for a writ of habeas corpus, and determined that the plaintiffs properly brought their claims under 42 U.S.C. §1983 because they were not seeking release from custody, but rather the proper application of law to their situation. The court found that there was a genuine issue material fact as to whether IDOC offered a procedure for determining the validity of a decision to deny a host site, and denied summary judgment on that claim.

Both parties met on May 1, 2019, for a settlement conference and held further status hearings on June 18, 2019, October 1, 2019, December 3, 2019, January 2, 2020.

On January 15, 2020, the court granted a permanent injunction. According to the order, IDOC was required to present a plan, as well as quarterly reports outlining steps that would be taken to ensure that by January 2, 2021, no class member would remain in IDOC custody due to an inability to locate a host site.

On January 29, 2020, the plaintiffs filed a bill of costs, and on February 18, 2020, the court awarded costs to the plaintiffs in the amount of $3,015.41.

On February 27, 2020, IDOC presented a compliance plan to the court, pursuant to the injunction. The plan outlined the steps that IDOC had already taken to assist class members, such as host site policy changes and a review of host site denials. It also outlined additional steps that IDOC was then undertaking to release class members, such as finalizing a Request for Proposal for licensed transitional housing locations for sex offenders, and cooperation with the Illinois Department of Human Services to identify appropriate placements and/or services for class members who would likely qualify for that department’s services upon their release.

On June 15, 2020, IDOC presented a quarterly report further outlining the steps that it was then taking to release class members.

As of July 2020, the court’s supervision of the settlement is ongoing.

Summary Authors

Kimberly Goshey (6/9/2019)

Bogyung Lim (7/21/2020)

Related Cases

Barnes v. Jeffreys, Northern District of Illinois (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6141583/parties/murphy-v-madigan/


Judge(s)

Kendall, Virginia Mary (Illinois)

Attorneys(s) for Plaintiff

Nicholas, Adele D. (Illinois)

Weinberg, Mark G. (Illinois)

Attorneys(s) for Defendant

Ioppolo, Thomas A. (Illinois)

Newman, Sarah Hughes (Illinois)

Judge(s)

Kendall, Virginia Mary (Illinois)

Attorneys(s) for Plaintiff

Nicholas, Adele D. (Illinois)

Weinberg, Mark G. (Illinois)

Attorneys(s) for Defendant

Ioppolo, Thomas A. (Illinois)

Newman, Sarah Hughes (Illinois)

Documents in the Clearinghouse

Document

Docket

Murphy v. Madigan

July 10, 2020 Docket
1

Class Action Complaint for Civil Rights Violations, Declaratory Judgment and Other Injunctive Relief

Murphy v. Madigan

Dec. 19, 2016 Complaint
31

Memorandum Opinion and Order

Murphy v. Madigan

2017 WL 3581175

Aug. 18, 2017 Order/Opinion
63

Order

Murphy v. Madigan

April 8, 2018 Order/Opinion
132

Memorandum Opinion and Order

Murphy v. Raoul

380 F.Supp.3d 731, 2019 WL 1437880

March 31, 2019 Order/Opinion
156

Permanent Injunction Order

Murphy v. Raoul

Jan. 15, 2020 Order/Opinion

Resources

Title Description External URL

"3 to Life" Parole Lawsuit (Murphy et al v. Madigan et al)

Women Against Registry

This lawsuit challenges the constitutionality of a legal scheme whereby individuals who have been convicted of certain sex-related crimes in Illinois end up serving life sentences in prison as the re… Dec. 19, 2016 https://womenagainstregistry.org/murphy

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6141583/murphy-v-madigan/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Alfred Aukema, J.D. Lindenmeier, Kevin Tucek, Stanley Meyer, Paul Murphy, Keenon Smith, Jasen Gustafsen; JURY DEMAND. Filing fee $ 400, receipt number 0752-12679809. (Attachments: # 1 Civil Cover Sheet)(Nicholas, Adele D.) (Entered: 12/19/2016)

1 Civil Cover Sheet

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Dec. 19, 2016 RECAP
2

ATTORNEY Appearance for Plaintiffs Alfred Aukema, Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy, Keenon Smith, Kevin Tucek by Adele D. Nicholas (Nicholas, Adele D.) (Entered: 12/19/2016)

Dec. 19, 2016 PACER
3

ATTORNEY Appearance for Plaintiffs Alfred Aukema, Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy, Keenon Smith, Kevin Tucek by Mark G. Weinberg (Weinberg, Mark) (Entered: 12/19/2016)

Dec. 19, 2016 PACER

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (lcw, )

Dec. 20, 2016 PACER

case assigned

Dec. 20, 2016 PACER

SUMMONS Issued as to Defendants John Baldwin, Lisa Madigan (pg, )

Dec. 22, 2016 PACER

summons issued

Dec. 22, 2016 PACER
4

SUMMONS Returned Executed by Alfred Aukema, J.D. Lindenmeier, Kevin Tucek, Stanley Meyer, Paul Murphy, Keenon Smith, Jasen Gustafsen as to John Baldwin on 12/22/2016, answer due 1/12/2017. (Nicholas, Adele D.) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
5

SUMMONS Returned Executed by Alfred Aukema, J.D. Lindenmeier, Kevin Tucek, Stanley Meyer, Paul Murphy, Keenon Smith, Jasen Gustafsen as to Lisa Madigan on 12/22/2016, answer due 1/12/2017. (Nicholas, Adele D.) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
6

MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 1/26/2017 at 9:00 a.m. Joint Status Report due by 1/23/2016. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. Prior to the Initial Status Hearing, the Parties are to exchange initial disclosures (Fed. R. Civ. P. 26(a)(1)). At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
7

ATTORNEY Appearance for Defendant Lisa Madigan by Sarah Hughes Newman (Newman, Sarah) (Entered: 01/03/2017)

Jan. 3, 2017 PACER
8

ATTORNEY Appearance for Defendant Lisa Madigan by Thomas A. Ioppolo (Ioppolo, Thomas) (Entered: 01/04/2017)

Jan. 4, 2017 PACER
9

ATTORNEY Appearance for Defendant John Baldwin by Sarah Hughes Newman (Newman, Sarah) (Entered: 01/09/2017)

Jan. 9, 2017 PACER
10

ATTORNEY Appearance for Defendant John Baldwin by Thomas A. Ioppolo (Ioppolo, Thomas) (Entered: 01/10/2017)

Jan. 10, 2017 PACER
11

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file answer regarding complaint, 1 unopposed (Newman, Sarah) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
12

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to file answer, motion for relief 11 before Honorable Virginia M. Kendall on 1/23/2017 at 09:00 AM. (Newman, Sarah) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
13

MINUTE entry before the Honorable Virginia M. Kendall. Motion for extension of time to answer 11 is granted. Answer due by 2/17/2017. Joint Status Report due by 2/27/2017. Initial Status hearing reset for 3/2/2017 at 9:00 AM. Motion hearing set for 1/23/2017 is stricken. Mailed notice (lk, ) (Entered: 01/12/2017)

Jan. 12, 2017 PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Newman, Sarah) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
15

NOTICE of Motion by Sarah Hughes Newman for presentment of Motion to Dismiss for Failure to State a Claim 14 before Honorable Virginia M. Kendall on 2/27/2017 at 09:00 AM. (Newman, Sarah) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
16

MOTION by Defendants John Baldwin, Lisa Madigan for leave to file excess pages (unopposed) (Attachments: # 1 Exhibit A, Proposed memorandum in support of motion to dismiss)(Newman, Sarah) (Entered: 02/17/2017)

1 Exhibit A, Proposed memorandum in support of motion to dismiss

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Feb. 17, 2017 PACER
17

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for leave to file excess pages 16 before Honorable Virginia M. Kendall on 2/27/2017 at 09:00 AM. (Newman, Sarah) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
18

MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendants' Motion to Dismiss for Failure to State a Claim 14 . Responses due by 3/7/2017. Replies due by 3/14/2017. Status hearing set for 5/2/2017 at 9:00 AM. Initial Status hearing set for 3/2/2017 stands. Mailed notice (lk, ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
19

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for leave to file excess pages 16 is granted. Motion hearing set for 2/27/2017 is stricken. Mailed notice (lk, ) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
20

MEMORANDUM by John Baldwin, Lisa Madigan in support of Motion to Dismiss for Failure to State a Claim 14 (Newman, Sarah) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
21

STATUS Report (Joint Initial Status Report) by Alfred Aukema, Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy, Keenon Smith, Kevin Tucek (Nicholas, Adele D.) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
22

MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 3/2/2017. Parties' oral motions to extend briefing schedule set for Defendants' Motion to Dismiss for Failure to State a Claim 14 are granted. Responses due by 3/14/2017. Replies due by 3/28/2017. Status hearing set for 5/30/2017 at 9:00 AM. Plaintiffs' oral motion to file excess pages for response brief is granted to 20 pages. Mailed notice (lk, ) (Entered: 03/02/2017)

March 2, 2017 PACER
23

RESPONSE by Alfred Aukema, Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy, Keenon Smith, Kevin Tucekin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 14 (Nicholas, Adele D.) (Entered: 03/14/2017)

March 14, 2017 RECAP
24

REPLY by John Baldwin, Lisa Madigan to response in opposition to motion 23 and in further support of motion to dismiss (Dkt. 14) (Newman, Sarah) (Entered: 03/28/2017)

March 28, 2017 PACER
25

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 5/30/2017 is reset for 6/20/2017 at 9:00 AM. Mailed notice (lk, ) (Entered: 05/25/2017)

May 25, 2017 PACER
26

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 6/20/2017 is reset for 6/28/2017 at 9:00 AM. Mailed notice (lk, ) (Entered: 06/14/2017)

June 14, 2017 PACER
27

MINUTE entry before the Honorable Virginia M. Kendall: Status hearing set for 6/28/2017 is reset to 7/6/2017 at 09:00 AM.Mailed notice (clw, ) (Entered: 06/23/2017)

June 23, 2017 PACER
28

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 7/6/2017, and continued for 7/20/2017 at 9:00 AM. Mailed notice (lk, ) (Entered: 07/06/2017)

July 6, 2017 PACER
29

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing reset for 8/10/2017 at 9:00 AM. Mailed notice (lk, ) (Entered: 07/19/2017)

July 19, 2017 PACER
30

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 8/10/2017 is reset for 8/23/2017 at 9:00 AM. Mailed notice (lk, ) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
31

MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 8/18/2017. Defendants' Motion to Dismiss 14 is granted with respect to Plaintiffs Aukema an Tucek's claims. The Motion is also granted with respect to the void for vagueness due process claim. The Motion is denied with respect to the remaining counts. Mailed notice(lk, ) (Entered: 08/18/2017)

Aug. 18, 2017 RECAP
32

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 8/23/2017. Answer to Complaint due by 9/20/2017. End of Fact Discovery ordered closed by 11/8/2017. End of Fact Discovery Status hearing set for 11/9/2017 at 9:00 AM. The parties shall be prepared to report to the court whether a dispositive motion will be filed, and whether expert discovery is necessary. The Illinois Department of Corrections shall permit the deposition of incarcerated Plaintiffs. Parties are directed to contact the courtroom deputy if they wish to schedule a settlement conference. Mailed notice (lk, ) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
33

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file answer regarding complaint, 1 Unopposed (Newman, Sarah) (Entered: 09/18/2017)

Sept. 18, 2017 PACER
34

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to file answer 33 before Honorable Virginia M. Kendall on 9/25/2017 at 09:00 AM. (Newman, Sarah) (Entered: 09/18/2017)

Sept. 18, 2017 PACER
35

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to answer 33 is granted. Answer shall be filed on or before 10/4/2017. Motion hearing set for 9/25/2017 is stricken. Mailed notice (lk, ) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
36

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to complete discovery (Joint, agreed), MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file answer regarding complaint, 1 Unopposed (Newman, Sarah) (Entered: 10/04/2017)

Oct. 4, 2017 PACER
37

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to complete discovery,, motion for extension of time to file answer, 36 before Honorable Virginia M. Kendall on 10/11/2017 at 09:00 AM. (Newman, Sarah) (Entered: 10/04/2017)

Oct. 4, 2017 PACER
38

MINUTE entry before the Honorable Virginia M. Kendall. Parties' Joint Motion for extension of time to complete Discovery and 36 is granted. Answer shall be due on or before 10/18/2017. End of Fact Discovery ordered closed by 2/6/2018. End of Fact Discovery Status hearing set for 2/8/2018 at 9:00 AM. Motion hearing set for 10/11/2017 is stricken. Mailed notice (lk, ) (Entered: 10/05/2017)

Oct. 5, 2017 PACER
39

MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Parties' Joint Motion for extension of time to complete Discovery and answer Complaint 36 is granted. Answer shall be due on or before 10/18/2017. End of Fact Discovery ordered closed by 2/6/2018. End of Fact Discovery Status hearing set for 2/8/2018 at 9:00 AM. Motion hearing set for 10/11/2017 is stricken. Mailed notice (lk, ) (Entered: 10/05/2017)

Oct. 5, 2017 PACER
40

ANSWER to Complaint and Affirmative Defenses by John Baldwin, Lisa Madigan(Newman, Sarah) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
41

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to certify class (Nicholas, Adele D.) (Entered: 12/06/2017)

Dec. 6, 2017 RECAP
42

NOTICE of Motion by Adele D. Nicholas for presentment of motion to certify class 41 before Honorable Virginia M. Kendall on 12/13/2017 at 09:00 AM. (Nicholas, Adele D.) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
43

MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Plaintiffs' Motion to certify class 41 . Responses due by 1/3/2018. Replies due by 1/10/2018. Mailed notice (lk, ) (Entered: 12/11/2017)

Dec. 11, 2017 PACER
44

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 12/13/2017 is stricken. Mailed notice (lk, ) (Entered: 12/11/2017)

Dec. 11, 2017 PACER
45

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file response/reply as to motion to certify class 41 (Unopposed) (Newman, Sarah) (Entered: 12/28/2017)

Dec. 28, 2017 PACER
46

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to file response/reply 45 before Honorable Virginia M. Kendall on 1/3/2018 at 09:00 AM. (Newman, Sarah) (Entered: 12/28/2017)

Dec. 28, 2017 PACER
47

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to file response/reply 45 regarding Motion to certify class 41 is granted. Response due by 2/2/2018. Reply due by 2/16/2018. Motion hearing set for 1/3/2018 is stricken. Mailed notice (lk, ) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
48

RESPONSE by John Baldwin, Lisa Madigan to MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to certify class 41 (Newman, Sarah) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
49

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy for extension of time to complete discovery Unopposed Motion (Nicholas, Adele D.) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
50

NOTICE of Motion by Adele D. Nicholas for presentment of motion for extension of time to complete discovery 49 before Honorable Virginia M. Kendall on 2/8/2018 at 09:00 AM. (Nicholas, Adele D.) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
51

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Unopposed Motion for extension of time to complete Discovery 49 is granted. End of Fact Discovery extended and ordered closed by 3/8/2018. End of Fact Discovery Status hearing reset for 3/12/2018 at 9:00 AM. Motion and Status hearings set for 2/8/2018 are stricken. Mailed notice (lk, ) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
52

REPLY by Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to certify class 41, response to motion 48 (Nicholas, Adele D.) (Entered: 02/16/2018)

Feb. 16, 2018 PACER
53

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 3/12/2018 is reset for 4/9/2018 at 9:00 AM. Mailed notice (lk, ) (Entered: 03/05/2018)

March 5, 2018 PACER
54

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to compel Defendant Lisa Madigan to Identify and Produce a 30(b)(6) Witness (Nicholas, Adele D.) (Entered: 03/06/2018)

March 6, 2018 PACER
55

NOTICE of Motion by Adele D. Nicholas for presentment of motion to compel 54 before Honorable Virginia M. Kendall on 3/12/2018 at 09:00 AM. (Nicholas, Adele D.) (Entered: 03/06/2018)

March 6, 2018 PACER
56

APPENDIX motion to compel 54 (Attachments: # 1 Exhibit, # 2 Exhibit)(Nicholas, Adele D.) (Entered: 03/06/2018)

1 Exhibit

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2 Exhibit

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March 6, 2018 PACER
57

RESPONSE by Lisa Madiganin Opposition to MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to compel Defendant Lisa Madigan to Identify and Produce a 30(b)(6) Witness 54 (Attachments: # 1 Exhibit A, Notice of 30(b)(6) Deposition to Lisa Madigan, # 2 Exhibit B, Lisa Madigan's Responses to Plaintiffs' Interrogatories, # 3 Exhibit C, 3/1/2018 Letter from S. Newman to Plaintiffs' counsel)(Newman, Sarah) (Entered: 03/09/2018)

1 Exhibit A, Notice of 30(b)(6) Deposition to Lisa Madigan

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2 Exhibit B, Lisa Madigan's Responses to Plaintiffs' Interrogatories

View on PACER

3 Exhibit C, 3/1/2018 Letter from S. Newman to Plaintiffs' counsel

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March 9, 2018 PACER
58

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 3/12/2018. Plaintiffs' Motion to compel 54 is referred to Magistrate Judge Schenkier. The case will be referred to Magistrate Judge Schenkier for Discovery Supervision. End of Fact Discovery extended and ordered closed by 6/8/2018. End of Fact Discovery Status hearing set for 6/11/2018. Mailed notice (lk, ) (Entered: 03/12/2018)

March 12, 2018 PACER
59

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sidney I. Schenkier for motion 54 . Signed by Executive Committee on 3/12/18. (kp, ) (Entered: 03/13/2018)

March 12, 2018 PACER
60

MINUTE entry before the Honorable Sidney I. Schenkier: The case has been referred to this Court for discovery supervision, and for ruling on plaintiffs' motion to compel (doc. # 54 ). Defendant Madigan has filed a response to the motion (doc. # 57 ). If plaintiffs wish to file a reply, they shall do so by noon on 3/16/18. We set the matter for a status and motion hearing on 3/20/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 03/14/2018)

March 14, 2018 PACER
61

MINUTE entry before the Honorable Sidney I. Schenkier: At the request of the parties, the status and motion hearings regarding plaintiffs' motion to compel (doc. # 54 )set for 3/20/18 before the magistrate judge are RESET to 3/28/18 at 10:00 a.m. Mailed notice. (jj, ) (Entered: 03/14/2018)

March 14, 2018 PACER
62

MINUTE entry before the Honorable Sidney I. Schenkier: Status and motion hearings held. The parties report on the status of discovery. For the reasons stated on the record, plaintiffs' motion to compel (doc. # 54 ) is denied. The matter is set for a status hearing before the magistrate judge on 5/16/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 03/28/2018)

March 28, 2018 PACER
63

ORDER signed by the Honorable Virginia M. Kendall on 4/6/2018. Plaintiff's Motion to certify class and the appointment of class counsel 41 are both granted. Mailed notice(lk, ) (Entered: 04/06/2018)

April 6, 2018 RECAP
64

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of discovery. The matter is set for a status hearing before the magistrate judge on 5/31/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 05/16/2018)

May 16, 2018 PACER
65

MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, RESETS the status hearing set for 5/31/18 before the magistrate judge to 6/05/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 05/17/2018)

May 17, 2018 PACER
66

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of discovery. The parties are further instructed to submit their proposed protective order to Judge Schenkier's proposed order box as soon as practicable. The matter is set for a status hearing before the magistrate judge on 6/20/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 06/05/2018)

June 5, 2018 PACER
67

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 6/11/2018. Motions for Summary Judgment shall be filed by 7/11/2018. Responses due by 8/8/2018. Replies due by 8/22/2018. Ruling will be by mail. Mailed notice (lk, ) (Entered: 06/12/2018)

June 11, 2018 PACER
68

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report that discovery has been completed and that they will proceed with the summary judgment motion schedule set forth by the district judge. The parties are further instructed to submit their proposed protective order to Judge Schenkier's proposed order box by no later than 6/22/18. The Court will not set a further status hearing at this time. Mailed notice. (jj, ) (Entered: 06/20/2018)

June 20, 2018 PACER
69

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to set a briefing schedule (Joint Motion) (Nicholas, Adele D.) (Entered: 07/06/2018)

July 6, 2018 PACER
70

NOTICE of Motion by Adele D. Nicholas for presentment of motion by filer to set a briefing schedule 69 before Honorable Virginia M. Kendall on 7/11/2018 at 09:00 AM. (Nicholas, Adele D.) (Entered: 07/06/2018)

July 6, 2018 PACER
71

MINUTE entry before the Honorable Virginia M. Kendall. Parties' Joint Motion to reset the briefing schedule on Parties' Cross Motions for Summary Judgment 69 is granted. Plaintiff's Motion for Summary Judgment shall be filed by 8/2/2018. Defendants' response/cross Motion for Summary Judgment Responses due by 8/30/2018. Plaintiffs' response/reply due 9/20/2018. Defendants' reply due by 10/11/2018. Ruling will be by mail. Motion hearing set for 7/11/2018 is stricken. Mailed notice (lk, ) (Entered: 07/09/2018)

July 9, 2018 PACER
72

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy for extension of time to file their motion for summary judgment (unopposed) (Nicholas, Adele D.) (Entered: 07/31/2018)

July 31, 2018 PACER
73

NOTICE of Motion by Adele D. Nicholas for presentment of motion for extension of time to file 72 before Honorable Virginia M. Kendall on 8/2/2018 at 09:00 AM. (Nicholas, Adele D.) (Entered: 07/31/2018)

July 31, 2018 PACER
74

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion for extension of time to file Motion for Summary Judgment 72 is granted. Plaintiff's Motion for Summary Judgment shall be filed by 8/9/2018. Defendants' response/cross Motion for Summary Judgment Responses due by 9/6/2018. Plaintiffs' response/reply due 9/27/2018. Defendants' reply due by 10/18/2018. Ruling will be by mail. Motion hearing set for 8/2/2018 is stricken. Mailed notice (lk, ) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
75

MOTION by Plaintiffs J.D. Lindenmeier, Stanley Meyer, Paul Murphy, Jasen Gustafsen for summary judgment (Nicholas, Adele D.) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
76

RULE 56 Local Rule 56.1(a) Statement by Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy regarding motion for summary judgment 75 (Nicholas, Adele D.) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
77

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy for leave to file instanter their Summary Judgment Brief and L.R. 56.1 Statement (Unopposed) (Nicholas, Adele D.) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
78

NOTICE of Motion by Adele D. Nicholas for presentment of motion for leave to file 77 before Honorable Virginia M. Kendall on 8/20/2018 at 09:00 AM. (Nicholas, Adele D.) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
79

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Unopposed Motion for leave to file brief and statement of facts instanter 77 is granted. Motion hearing set for 8/20/2018 is stricken. Mailed notice (lk, ) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
80

APPENDIX Rule 56 statement 76, motion for summary judgment 75 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit)(Nicholas, Adele D.) (Entered: 08/14/2018)

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Aug. 14, 2018 PACER
81

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file response/reply as to motion for summary judgment 75 and cross-motion for summary judgment (Newman, Sarah) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
82

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to file response/reply 81 before Honorable Virginia M. Kendall on 9/14/2018 at 09:00 AM. (Newman, Sarah) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
83

RESPONSE by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy to motion for extension of time to file response/reply 81 (Nicholas, Adele D.) (Entered: 09/06/2018)

Sept. 6, 2018 PACER
84

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Motion for extension of time to file response 81 to Motion for Summary Judgment 75 is granted to 11/5/2018. Response due by 11/5/2018. Reply due by 11/26/2018. Motion hearing set for 9/14/2018 is stricken. Mailed notice (lk, ) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
85

MOTION by Defendants John Baldwin, Lisa Madigan for extension of time to file response/reply as to motion for summary judgment 75 & Defendants' motion for summary judgment (unopposed) (Newman, Sarah) (Entered: 11/05/2018)

Nov. 5, 2018 PACER
86

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for extension of time to file response/reply 85 before Honorable Virginia M. Kendall on 11/9/2018 at 09:00 AM. (Newman, Sarah) (Entered: 11/05/2018)

Nov. 5, 2018 PACER
87

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to file response 85 regarding Motion for Summary Judgment 75 is granted. Defendants' response/cross Motion for Summary Judgment Responses due by 11/20/2018. Plaintiffs' response/reply due 12/11/2018. Ruling will be by mail. Motion hearing set for 11/9/2018 is stricken.Mailed notice (lk, ) (Entered: 11/07/2018)

Nov. 7, 2018 PACER
88

MOTION by Defendants John Baldwin, Lisa Madigan for summary judgment (Newman, Sarah) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
89

MEMORANDUM by John Baldwin, Lisa Madigan in support of motion for summary judgment 88 and in opposition to Plaintiffs' motion for summary judgment (Dkt. 75) (Newman, Sarah) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
90

RULE 56 (a) Statement by John Baldwin, Lisa Madigan regarding motion for summary judgment 88 (Defendants' L.R. 56.1 Statement of Undisputed Facts) (Newman, Sarah) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
91

RESPONSE by Defendants John Baldwin, Lisa Madigan to Rule 56 statement 76 (Newman, Sarah) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
92

APPENDIX Rule 56 statement 90, Response 91, motion for summary judgment 88 in support of Defendants' motion for summary judgment (Dkt. 88) and in opposition to Plaintiffs' summary judgment motion (Dkt. 75) (Attachments: # 1 Exhibit 1, Declaration of Dion Dixon, # 2 Exhibit 2, Interstate Commission for Adult Offender Supervision Rules (excerpted), # 3 Exhibit 3, Chicago Tribune article dated Dec. 6, 2009, # 4 Exhibit 4, Chicago Tribune article dated July 17, 2015, # 5 Exhibit 5, IDOC Administrative Directive No. 04.01.114, Local Offender Grievance Procedures, # 6 Exhibit 6, Illinois Sex Offender Registry Record for Cinszeo Doss, # 7 Exhibit 7, Illinois Sex Offender Registry Record for Charles Dobson, # 8 Exhibit 8, Illinois Sex Offender Registry Record for Jonathan Sparks, # 9 Exhibit 9, Illinois Sex Offender Registry Record for Antoine Lamb)(Newman, Sarah) (Entered: 11/20/2018)

1 Exhibit 1, Declaration of Dion Dixon

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2 Exhibit 2, Interstate Commission for Adult Offender Supervision Rules (excerpte

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3 Exhibit 3, Chicago Tribune article dated Dec. 6, 2009

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4 Exhibit 4, Chicago Tribune article dated July 17, 2015

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5 Exhibit 5, IDOC Administrative Directive No. 04.01.114, Local Offender Grievanc

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Nov. 20, 2018 PACER
93

MOTION by Defendants John Baldwin, Lisa Madigan for leave to file excess pages instanter (Unopposed) (Newman, Sarah) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
94

NOTICE of Motion by Sarah Hughes Newman for presentment of motion for leave to file excess pages 93 before Honorable Virginia M. Kendall on 12/20/2018 at 10:00 AM. (Newman, Sarah) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
95

APPENDIX Rule 56 statement 90, Response 91, motion for summary judgment 88 in support of Defendants' motion for summary judgment (Dkt. 88) and in opposition to Plaintiffs' summary judgment motion (Dkt. 75) (Exhibits 6-9 redacted) (Attachments: # 1 Exhibit 1, Declaration of Dion Dixon, # 2 Exhibit 2, Interstate Commission for Adult Offender Supervision Rules (excerpted), # 3 Exhibit Chicago Tribune article dated Dec. 6, 2009, # 4 Exhibit 4, Chicago Tribune article dated July 17, 2015, # 5 Exhibit IDOC Administrative Directive No. 04.01.114, Local Offender Grievance Procedures, # 6 Exhibit 6, Illinois Sex Offender Registry Record for Cinszeo Doss (redacted), # 7 Exhibit 7, Illinois Sex Offender Registry Record for Charles Dobson (redacted), # 8 Exhibit 8, Illinois Sex Offender Registry Record for Jonathan Sparks (redacted), # 9 Exhibit 9, Illinois Sex Offender Registry Record for Antoine Lamb (redacted))(Newman, Sarah) (Entered: 11/21/2018)

1 Exhibit 1, Declaration of Dion Dixon

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2 Exhibit 2, Interstate Commission for Adult Offender Supervision Rules (excerpte

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3 Exhibit Chicago Tribune article dated Dec. 6, 2009

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4 Exhibit 4, Chicago Tribune article dated July 17, 2015

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5 Exhibit IDOC Administrative Directive No. 04.01.114, Local Offender Grievance P

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6 Exhibit 6, Illinois Sex Offender Registry Record for Cinszeo Doss (redacted)

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7 Exhibit 7, Illinois Sex Offender Registry Record for Charles Dobson (redacted)

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8 Exhibit 8, Illinois Sex Offender Registry Record for Jonathan Sparks (redacted)

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9 Exhibit 9, Illinois Sex Offender Registry Record for Antoine Lamb (redacted)

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Nov. 21, 2018 PACER
96

MOTION by Plaintiffs Jasen Gustafsen, J.D. Lindenmeier, Stanley Meyer, Paul Murphy for extension of time to file response/reply as to motion for summary judgment 88 (Nicholas, Adele D.) (Entered: 11/28/2018)

Nov. 28, 2018 PACER

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 12, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who have been sentenced to a term of three years to natural life on Mandatory Supervised Release (MSR) who are currently detained in the Illinois Department of Corrections (IDOC) and have been approved for release on MSR by the Prison Review Board but have been denied release from IDOC custody because of their inability to find an approved host site.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Illinois, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 3,015.41

Content of Injunction:

Reporting

Issues

General:

Good time

Over/Unlawful Detention

Poverty/homelessness

Sex offender regulation