Case: Hardeman v. Curran

1:17-cv-08729 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 4, 2017, several pretrial detainees representing the class of affected detainees in Lake County Adult Correctional Facility filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the County of Lake, its sheriff, the Chief of Corrections at the Lake County Sheriff’s Office, and other correctional officers and supervisors at the Lake County Jail under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought compensato…

On December 4, 2017, several pretrial detainees representing the class of affected detainees in Lake County Adult Correctional Facility filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the County of Lake, its sheriff, the Chief of Corrections at the Lake County Sheriff’s Office, and other correctional officers and supervisors at the Lake County Jail under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought compensatory damages, claiming violations of their rights, privileges, and immunities guaranteed by the Eighth and Fourteenth Amendments.

The plaintiffs alleged that Lake County turned off the water for three days at Lake County Jail without notifying the detainees housed there. Plaintiffs were limited by Defendants to five water bottles per day for all personal needs. Requests for additional water bottles were denied or resulted in the detainees being placed on lockdown. Defendants also implemented a policy of prohibiting detainees from flushing the toilets in their cells unless feces were present, and detainees were not allowed to flush their toilets overnight. Defendants did provide a communal barrel of water to be used for bathing, cleaning cells, and flushing toilets. Attempts to flush toilets when feces were present were often unsuccessful, and feces and urine remained in the toilets. The detainees remained in the cells with urine and feces festering for prolonged period of times. This festering produced a putrid aroma that caused detainees to become sick, sleep deprived, and agitated. It also attracted insects. Detainees suffered from a variety of ailments, including dehydration, migraine headaches, sickness, dizziness, constipation, and general malaise.

The Defendants moved to dismiss the complaint on February 22, 2018. They argued that the Plaintiffs had failed to state a claim under 42 U.S.C. § 1983 and that they were entitled to qualified immunity due to their employment and thus should be shielded from liability. On July 23, 2018, District Judge Sharon Johnson Coleman denied in part and granted in part Defendants’ motion. She held that the Plaintiffs had sufficiently pled a § 1983 claim under the Fourteenth Amendment, but that the Eighth Amendment had been held to not apply to pretrial detainees. Thus she denied the Defendants’ motion to dismiss, but dismissed the portion of the Plaintiffs’ allegations that concerned the Eighth Amendment. She also held that the Defendants were not shielded from liability, and so denied the Defendants’ motion for qualified immunity. 2018 WL 3533254.

On August 3, 2018, Defendants petitioned to appeal Judge Coleman’s decision denying Defendants’ motion for qualified immunity to the 7th Circuit. On August 14, 2018, Defendants filed a motion to voluntarily dismiss Defendants Lake County and Lake County Sheriff’s Office from the appeal. This motion was granted, and the appeal remained active for all other parties. On August 12, 2019, the 7th Circuit Court of Appeals denied Defendants’ motion for qualified immunity, affirming the district court’s decision to reject the defense (Chief Judge Diane Wood and Circuit Judges Joel Flaum and Diane S. Sykes). 933 F.3d 816.

A status hearing was held before Judge Coleman on September 30, 2019. At the status hearing, the plaintiff stated that he would file a motion for class certification. On November 8, the plaintiffs moved to certify a class. The next substantive docket entry did not appear until July 2020, as the case appears to have taken a hiatus due to Coronavirus from March, 2020 until July.

On November 17, 2020, the Court granted the plaintiffs’ motion for class certification. Subclasses were defined as all persons present in the Lake County Adult Correctional Facility between November 8, 2017, and November 10, 2017, being held as (A) pretrial detainees and as (B) post-conviction inmates. The Court also left open the possibility for individualized damage calculations at a later stage. 2020 WL 6747018.

On January 4, 2021, the case was referred to Magistrate Judge Young B. Kim for discovery and settlement. Defendants were ordered on January 6 to produce a complete list of class members and their last known contact information. By January 20, the defendants had identified 577 class members, and had passed this information on to counsel for the class.

The case remains ongoing.

Summary Authors

Cedar Hobbs (9/27/2019)

Samuel Poortenga (3/1/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7498828/parties/hardeman-v-county-of-lake/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Kim, Young B (Illinois)

Attorneys(s) for Plaintiff

Murray, Ashley Meghan (Illinois)

O'Connor, Kevin William (Illinois)

Popp, Matthew M. (Illinois)

Attorneys(s) for Defendant

Fox, Karen Denise (Illinois)

Prager, Beth Greenberg (Illinois)

Rice, Stephen Joseph (Illinois)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Kim, Young B (Illinois)

Attorneys(s) for Plaintiff

Murray, Ashley Meghan (Illinois)

O'Connor, Kevin William (Illinois)

Popp, Matthew M. (Illinois)

Attorneys(s) for Defendant

Fox, Karen Denise (Illinois)

Prager, Beth Greenberg (Illinois)

Rice, Stephen Joseph (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Hardeman v. County of Lake

March 10, 2021 Docket
1

Complaint

Hardeman v. County of Lake

Dec. 4, 2017 Complaint
18

Memorandum Opinion and Order

Hardeman v. County of Lake

2018 WL 3533254

July 23, 2018 Order/Opinion
28

Opinion

U. S. Court of Appeals for the Seventh Circuit

933 F.3d 816

Aug. 12, 2019 Order/Opinion
56

Memorandum Opinion and Order

Hardeman v. County of Lake

2020 WL 6747018

Nov. 17, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7498828/hardeman-v-county-of-lake/

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

ECF Number Description Date Link
1

COMPLAINT At Law filed by Daniel Hardeman; Jury Demand. Filing fee $ 400, receipt number 0752-13862199. (Attachments: # 1 Civil Cover Sheet)(Popp, Matthew) (Entered: 12/04/2017)

Dec. 4, 2017 PACER

case assigned

Dec. 4, 2017 PACER

CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Young B. Kim. (nsf, )

Dec. 4, 2017 PACER
2

MINUTE entry before the Honorable Amy J. St. Eve: Initial status hearing set for 1/16/18 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a Rule 26(f) Initial Status Report by 1/10/18 as set forth in the Rule 26(f) Report procedure. If the defendant has not been served as of 1/10/18, the Court will continue the filing date for the Rule 26(f) Report until the defendant is served. Mailed notice (kef, ) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
3

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jk, ) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
4

ATTORNEY Appearance for Plaintiff Daniel Hardeman by Kevin William O'Connor (O'Connor, Kevin) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
5

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 1/16/2018 and continued to 2/26/2018 at 08:30 AM.Mailed notice (kef, ) (Entered: 01/16/2018)

Jan. 16, 2018 PACER
6

ATTORNEY Appearance for Defendant County of Lake by Beth Greenberg Prager (Prager, Beth) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
7

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant County of Lake (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prager, Beth) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
8

NOTICE of Motion by Beth Greenberg Prager for presentment of Motion to Dismiss for Failure to State a Claim 7 before Honorable Amy J. St. Eve on 2/26/2018 at 08:30 AM. (Prager, Beth) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
9

ATTORNEY Appearance for Defendant County of Lake by Karen Denise Fox (Fox, Karen) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
10

MOTION to Defer Responsive Pleading Deadline (MIDP), filed by Defendant County of Lake. (Fox, Karen) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
11

NOTICE of Motion by Karen Denise Fox for presentment of Motion to Defer Responsive Pleading Deadline 10 before Honorable Amy J. St. Eve on 2/26/2018 at 08:30 AM. (Fox, Karen) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
12

MINUTE entry before the Honorable Amy J. St. Eve: Defendants' motion to defer answer 10 is granted. ORDER of Extension of Time to Answer or Otherwise Respond - The Court has determined that good cause exists to defer the filing of an answer, counterclaim, crossclaim or reply while it considers the pending motion to dismiss. If the motion is denied, the Court will designate a time for filing answers, counterclaims, crossclaims, and replies. If no time is designated, Rule 12(a)(4) will apply. The obligation to file Mandatory Initial Discovery (MID) responses as set forth in Standing Order 17-XX shall be measured from that date.Mailed notice (kef, ) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
13

ATTORNEY Appearance for Defendant County of Lake by Stephen Joseph Rice (Rice, Stephen) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
14

MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 2/26/2018 and continued to 6/7/2018 at 08:30 AM. Defendant's motion to dismiss 7 is entered. Response by 3/26/18. Reply by 4/9/18. Mailed notice (kef, ) (Entered: 02/26/2018)

Feb. 26, 2018 PACER
15

RESPONSE by Tapanga Hardeman to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant County of Lake 7 (O'Connor, Kevin) (Entered: 03/26/2018)

March 26, 2018 PACER
16

REPLY by County of Lake, Mark Curran, David Wathen to response to motion 15 (Rice, Stephen) (Entered: 04/09/2018)

April 9, 2018 PACER
17

EXECUTIVE COMMITTEE ORDER:It appearing that cases previously assigned to the Honorable Amy J. St. Eve requires reassignment; therefore It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f) within the guidelines of IOP 16. Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Honorable Amy J. St. Eve no longer assigned to the case. Signed by Executive Committee on 5/23/18.(rp, ) (Entered: 05/23/2018)

May 23, 2018 PACER
18

MEMORANDUM Opinion and Order: Defendant's Motion to Dismiss Plaintiff's Complaint 7 is denied in part and granted in part. Signed by the Honorable Sharon Johnson Coleman on 7/23/2018. Mailed notice. (ym, ) (Entered: 07/23/2018)

July 23, 2018 RECAP
19

NOTICE of appeal by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors regarding orders 18 Filing fee $ 505, receipt number 0752-14776019. Receipt number: n (Prager, Beth) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
20

DOCKETING Statement by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen regarding notice of appeal 19 (Prager, Beth) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
21

SEVENTH CIRCUIT transcript information sheet by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen (Prager, Beth) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
22

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 19 (jjr, ) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
23

TRANSMITTED to the 7th Circuit the short record on notice of appeal 19 . Notified counsel. (jjr, ) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
24

SEVENTH CIRCUIT transcript information sheet by County of Lake, Mark Curran, John Doe Officers, Office of the Lake County Sheriff, Supervisors, David Wathen (Prager, Beth) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
25

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 19 ; USCA Case No. 18-2672. (jk, ) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
26

CERTIFIED copy of order dated 8/14/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: IT IS ORDERED that this appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), ONLY as to appellees Lake County Illinois and Lake County Sheriff's Office. This appeal remains active as to the other parties. IT IS FURTHER ORDERED that briefing will proceed as follows: 1. The brief and required short appendix of the appellants are due by September 14, 2018. 2. The brief of the appellee is due by October 15, 2018. 3. The reply brief of the appellants, if any, is due by October 29, 2018. (tt, ) (Entered: 08/14/2018)

Aug. 14, 2018 PACER
27

NOTICE OF ISSUANCE OF MANDATE ONLY AS TO APPELLANT, LAKE COUNTY SHERIFF'S OFFICE ; APPELLANT, LAKE COUNTY, ILLINOISof USCA dated 8/22/18 regarding notice of appeal 19 ;USCA No.18-2672 ; Record to be returned at a later date. (tt, ) (Entered: 08/22/2018)

Aug. 22, 2018 PACER
28

CERTIFIED copy of order dated 8/14/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: IT IS ORDERED that this appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), ONLY as to appellees Lake County Illinois and Lake County Sheriff's Office. This appeal remains active as to the other parties. IT IS FURTHER ORDERED that briefing will proceed as follows: 1. The brief and required short appendix of the appellants are due by September 14, 2018. 2. The brief of the appellee is due by October 15, 2018. (tt, ) (Entered: 08/22/2018)

Aug. 22, 2018 PACER
29

ORDER: Circuit Rule 33 - Briefing dated 8/22/18 from the USCA Seventh Circuit regarding notice of appeal 19 ; Appellate case no. : 18-2672: Pursuant to Circuit Rule 33, briefing in this appeal shall proceed as follows: 1. The brief and required short appendix of the appellants are due by October 10, 2018. 2. The brief of the appellee is due by November 13, 2018. 3. The reply brief of the appellants, if any, is due by November 27, 2018. (tt, ) (Entered: 08/22/2018)

Aug. 22, 2018 PACER
30

MANDATE of USCA dated 9/3/2019 regarding notice of appeal 19 ; USCA No.18-2672 ; No record to be returned. (mma, ) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
31

CERTIFIED COPY OF USCA FINAL JUDGMENT dated 8/12/2019 regarding notice of appeal 19 ; USCA No. 18-2672. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (mma, ) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
32

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing is set for 9/30/2019 at 9:00 AM. Mailed notice. (ym, ) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
33

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/30/2019. Defendant to file an answer by 10/15/2019. Plaintiff stated in court that he will file a motion for class certification by 10/30/2019. Defendant's response to the motion for class certification to be filed by 12/2/2019. Reply to be filed by 12/16/2019. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
34

ANSWER to Complaint with Jury Demand by County of Lake, Mark Curran, David Wathen(Rice, Stephen) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
35

MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams for extension of time to file Plaintiffs' Motion for Class Certification (O'Connor, Kevin) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
36

NOTICE of Motion by Kevin William O'Connor for presentment of motion for extension of time to file 35 before Honorable Sharon Johnson Coleman on 11/5/2019 at 08:45 AM. (O'Connor, Kevin) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
37

ATTORNEY Appearance for Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams by Kevin William O'Connor (O'Connor, Kevin) (Entered: 11/04/2019)

Nov. 4, 2019 PACER
38

ATTORNEY Appearance for Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams by Ashley Meghan Murray (Murray, Ashley) (Entered: 11/04/2019)

Nov. 4, 2019 PACER
39

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' agreed motion for extension of time to file plaintiffs' motion for class certification 35 is granted. Plaintiffs to file their motion for class certification by 11/8/2019. Defendants to file their response by 12/12/2019. Reply to be filed by 12/26/2019. No appearance necessary on 11/5/2019. Mailed notice. (ym, ) (Entered: 11/04/2019)

Nov. 4, 2019 PACER
40

MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to certify class and Memorandum of Law In Support Responses due by 12/12/2019 (Attachments: # 1 Exhibit A-C)(O'Connor, Kevin) (Entered: 11/08/2019)

Nov. 8, 2019 PACER
41

NOTICE of Motion by Kevin William O'Connor for presentment of motion to certify class, 40 before Honorable Sharon Johnson Coleman on 1/7/2020 at 08:45 AM. (O'Connor, Kevin) (Entered: 11/08/2019)

Nov. 8, 2019 PACER
42

MOTION by Defendants County of Lake, Mark Curran, Office of the Lake County Sheriff, David Wathen for leave to file excess pages - Unopposed (Rice, Stephen) (Entered: 12/12/2019)

Dec. 12, 2019 PACER
43

NOTICE of Motion by Stephen Joseph Rice for presentment of motion for leave to file excess pages 42 before Honorable Sharon Johnson Coleman on 12/18/2019 at 08:45 AM. (Rice, Stephen) (Entered: 12/12/2019)

Dec. 12, 2019 PACER
44

RESPONSE by County of Lake, Mark Curran, Office of the Lake County Sheriff, David Wathen to MOTION by Plaintiffs Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to certify class and Memorandum of Law In Support 40 (Attachments: # 1 Affidavit Affidavits in Support of Response)(Rice, Stephen) (Entered: 12/12/2019)

Dec. 12, 2019 PACER
45

SUPPLEMENT to response to motion, 44 - Czaplicki affidavit w signed copy of it (Rice, Stephen) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
46

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion to file a brief in excess of 15 pages 42 is granted. Plaintiff is also given leave to file reply brief in excess of 15 pages. No appearance is necessary on 12/18/2019. Mailed notice. (ym, ) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
47

REPLY by Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams to response to motion, 44 (O'Connor, Kevin) (Entered: 12/26/2019)

Dec. 26, 2019 PACER
48

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' motion to certify certify class 40 is fully briefed, the Court shall take it under advisement. No appearance necessary on 1/7/2020. Mailed notice. (ym, ) (Entered: 01/06/2020)

Jan. 6, 2020 PACER
49

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) (Entered: 03/17/2020)

March 16, 2020 PACER
50

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, ) (Entered: 03/31/2020)

March 23, 2020 PACER
51

ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, ) (Entered: 04/03/2020)

March 30, 2020 PACER
52

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, ) (Entered: 04/27/2020)

April 24, 2020 PACER
53

STATUS Report Joint by Tapanga Hardeman, Lavonte Murel, Lewis Myles, Quenta Lamar Washington, Daniel Williams (Popp, Matthew) (Entered: 05/15/2020)

May 15, 2020 PACER
54

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, ) (Entered: 05/26/2020)

May 26, 2020 PACER
55

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) (Entered: 07/10/2020)

July 10, 2020 PACER
56

MEMORANDUM Opinion and Order: This Court grants Plaintiff's motion for class certification 40 . The Court certifies the following sub-classes: Subclass A: all persons present in the Lake County Adult Correctional Facility between November 8, 2017, and November 10, 2017, being held as pretrial detainees. Subclass B: all persons present in the Lake County Adult Correctional Facility between November 8, 2017, and November 10, 2017, as post-conviction inmates. Signed by the Honorable Sharon Johnson Coleman on 11/17/2020. Mailed notice. (ym, ) (Entered: 11/17/2020)

Nov. 17, 2020 RECAP
57

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing is set for 1/4/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 12/17/2020)

Dec. 17, 2020 PACER
58

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing held on 1/4/2021. Plaintiff to issue class discovery by 1/11/2021. Parties are to submit a proposed agreed protective order to the Court's proposed order email. Case is referred to Magistrate Judge Kim for discovery supervision and settlement. Telephone status hearing is set for 2/23/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 01/04/2021)

Jan. 4, 2021 PACER
59

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision and settlement conference. Mailed notice. (ym, ) (Entered: 01/04/2021)

Jan. 4, 2021 PACER
60

MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for tomorrow at 11:00 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
61

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to January 20, 2021, at 11:00 a.m. by phone. Parties are to use the same call- in information. Parties reported that they have not yet conducted any discovery. They also reported that the first step to move this case forward should be for Defendants to produce a complete list of class members and their last known contact information. The court orders Defendants to produce this class list with contact information to the Class by no later than January 19, 2021. (In light of this order, the Class is not required to serve anything by January 11, 2021.) If production of the class list is not possible by the deadline set here, Defendants should be prepared to explain at the next status hearing the specific collection process they must follow and the expected time to complete the process. Parties are to also report at the next status hearing whether they wish to explore settlement options before moving forward with formal written discovery. Mailed notice (ma,) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
62

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to February 3, 2021, at 11:00 a.m. by phone. Parties are to use the same call-in information. Defendants reported that they have identified 577 class members. Defendants also reported that they have produced the names and the last known addresses of the class members to class counsel. The class confirmed this report. The class is directed to share with Defendants, with a copy to the court by email, its draft notice to be mailed to the class members by January 29, 2021. Parties are expected to discuss the draft notice at the next status hearing. Mailed notice (Kim, Young) (Entered: 01/20/2021)

Jan. 20, 2021 PACER
63

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Parties are ordered to exchange Rule 26(a)(1) disclosures by February 24, 2021. Parties are also ordered to file a status report by March 10, 2021, identifying the individuals that they wish to depose before proceeding with formal written discovery. The court will issue a follow-up order once it reviews the status report. Class is ordered to mail out the class notices by March 10, 2021. Mailed notice (ma,) (Entered: 02/03/2021)

Feb. 3, 2021 PACER
64

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing held on 2/23/2021 and continued to 6/23/2021 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 02/23/2021)

Feb. 23, 2021 PACER
65

CERTIFICATE of Service Plaintiffs' Initial Rule 26(a) Disclosures to Defendants by Kevin William O'Connor on behalf of Tapanga Hardeman (O'Connor, Kevin) (Entered: 02/24/2021)

Feb. 24, 2021 PACER
66

STATUS Report by Tapanga Hardeman (Popp, Matthew) (Entered: 03/10/2021)

March 10, 2021 PACER
67

MINUTE entry before the Honorable Young B. Kim: In light of the joint status report, (R. 66), the parties are to comply with the following: (1) Plaintiffs are ordered to file a motion, by March 26, 2021, for leave to depose Mark Curran and John Idelberg and explain the general nature of the information they seek to discover through their depositions and the relevance of such information to this matter, and Defendants are to file a response thereto by April 9, 2021; (2) the parties are to schedule and confirm the dates and times for the depositions of the nine individuals identified in Plaintiffs' Rule 26(a)(1) disclosures (to take place between April 2 and May 14, 2021) by March 19, 2021 (if any of these individuals are in custody, Defendants are granted leave to depose them in custody); (3) the parties are to schedule and confirm the dates and times for the depositions of the other four individuals identified in Defendants' Rule 26(a)(1) disclosures (to take place between May 17 and June 11, 2021) by March 19, 2021; and (4) the parties are to file a joint status report by March 22, 2021, advising the court of the confirmed schedule for the 13 depositions noted herein. Mailed notice (ma,) (Entered: 03/10/2021)

March 10, 2021 PACER
74

MEMORANDUM Opinion and Order Signed by the Honorable Young B. Kim on 4/26/2021. (ma,)

April 26, 2021 RECAP
100

Protective Order

April 27, 2022 PACER
102

Order on Motion for Protective Order

April 28, 2022 PACER
105

Order on Motion for Protective Order

May 4, 2022 PACER
106

Protective Order

May 4, 2022 PACER

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pretrial detainees at Lake County Adult Correctional Facility in the City of Waukegan, County of Lake, State of Illinois.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Lake (Lake), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run