Case: Money v. Jeffreys

1:20-cv-02094 | U.S. District Court for the Northern District of Illinois

Filed Date: April 2, 2020

Closed Date: July 1, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a representative habeas action filed by prisoners of the Illinois Department of Corrections, seeking various forms of relief for six subclasses of prisoners in light of COVID-19. The plaintiffs alleged that they were particularly vulnerable to the virus, either due to medical conditions or their age. The petitioners were denied habeas relief on April 10. On July 8, a pro se intervenor filed a motion for emergency relief. On September 25, the parties submitted a status …

COVID-19 Summary: This is a representative habeas action filed by prisoners of the Illinois Department of Corrections, seeking various forms of relief for six subclasses of prisoners in light of COVID-19. The plaintiffs alleged that they were particularly vulnerable to the virus, either due to medical conditions or their age. The petitioners were denied habeas relief on April 10. On July 8, a pro se intervenor filed a motion for emergency relief. On September 25, the parties submitted a status report stating that settlement discussions were ongoing in a related case and the court stayed the case, with the exception of the outstanding intervenor's motion. The parties settled, and on May 21, 2021, the case was dismissed with prejudice.


On April 2, 2020, a group of prisoners filed this lawsuit against the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. Represented by the Uptown People's Law Center, Equip for Equality, the MacArthur Justice Center at Northwestern University, the Illinois Prison Project, and Loevy & Loevy, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2254. Specifically, they sought different kinds of relief for different subclasses of prisoners as follows:

-subclass 1 (those with underlying medical conditions): immediate medical furlough

-subclass 2 (those who were medically vulnerable because they were over 55 years old and eligible for medical furlough): immediate medical furlough

-subclass 3 (those over 55 with less than one year remaining in their sentence, who were eligible for home detention): immediate transfer to home detention

-subclass 4 (those in custody for Class 2, 3, or 4 offenses who were eligible for home detention): immediate transfer to home detention

-subclass 5 (those in custody for Class 1 or Class X offenses with less than 90 days remaining on their sentence who were eligible for home detention): immediate transfer to home detention

-subclass 6 (those in custody scheduled to be released within 180 days who were eligible to receive sentencing credit): immediate award of 180 days of sentencing credit.

The same plaintiffs filed a similar case, Money v. Pritzker, for injunctive relief. For more details, see here in the Clearinghouse.

The parties submitted briefing on April 6 specifically addressing how the Prison Litigation Reform Act ("PLRA") applied to the relief sought for subclasses 1 and 2. The plaintiffs argued that the PLRA had no application to petitions for writs of habeas corpus. The defendants argued that habeas was not the appropriate vehicle for the plaintiff's claims and that even if it was, relief under habeas was unwarranted.

On April 10, Judge Dow denied the petitioners' habeas petition, finding that the requirement for exhausting relief in state courts prior to filing in federal court had not been met.

On July 8, a pro se intervenor filed a motion for emergency relief and on September 10, Judge John F. Kness directed the parties to submit a concise joint status report. He also ordered the respondents to respond to the intervenor's motion by October 2.

On September 25, the parties submitted a status report stating that settlement discussions were ongoing in Money v. Pritzker and the court stayed the case, with the exception of the outstanding intervenor's motion. Further status reports were submitted on November 18, February 22, and March 5.

In April 2021, the parties reached a settlement in Money v. Pritzker.

The settlement agreement included the following terms: Defendant agreed to continue to identify and evaluate medically vulnerable prisoners for release through legally available mechanisms. And, for people in custody within nine months of their release date and who are statutorily eligible for earned discretionary sentencing credit (EDSC), defendant agreed to award 60 days of EDSC to those with a low-risk level and 30 days of EDSC credit to those with a medium risk level. Defendant further agreed to provide expedited reviews for the named plaintiffs in this case who are statutorily eligible for release mechanisms and training to the Assistant Wardens of Operations and Programs, Health Care Unit Administrators, and ADA Coordinators at all facilities on the Americans with Disabilities Act and on providing COVID-19 related reasonable accommodations to medically vulnerable people with disabilities. The settlement stipulated that unless extended by the parties, this agreement would terminate on July 1, 2021, and the defendants will pay the plaintiffs’ attorneys’ fees. Plaintiffs agreed to release defendant from all injunctive claims that accrued prior to March 12, 2021.

On May 21, 2021, plaintiffs moved to dismiss the case with prejudice, and the court granted the motion, dismissing the case with prejudice.

Summary Authors

Caitlin Kierum (9/21/2020)

Chandler Hart-McGonigle (11/26/2020)

Tessa McEvoy (9/11/2021)

Related Cases

Money v. Pritzker, Northern District of Illinois (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17040860/parties/money-v-jeffreys/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Kness, John Fitzgerald None (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Bedi, Sheila A. (Illinois)

Cebula, Michael L. (Illinois)

del Valle, Vanessa (Illinois)

Grady, Sarah (Illinois)

Mazur, Elizabeth N (Illinois)

Mills, Alan S. (Illinois)

Reed, Samantha (Illinois)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Kness, John Fitzgerald None (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Bedi, Sheila A. (Illinois)

Cebula, Michael L. (Illinois)

del Valle, Vanessa (Illinois)

Grady, Sarah (Illinois)

Mazur, Elizabeth N (Illinois)

Mills, Alan S. (Illinois)

Reed, Samantha (Illinois)

Schult, Nicole (Illinois)

Soble, Jennifer (Illinois)

Weil, Steve (Illinois)

Attorneys(s) for Defendant

Bendik, Leah M. (Illinois)

Doersch, Katherine M. (Illinois)

Glick, Michael (Illinois)

Kashyap, Gopi (Illinois)

Notz, Jane Elinor (Illinois)

O’Connell, Erin M. (Illinois)

Raoul, Kwame (Illinois)

Expert/Monitor/Master

Resnik, Judith (Connecticut)

Documents in the Clearinghouse

Document

1:20-cv-02094

Docket [PACER]

May 21, 2021

May 21, 2021

Docket
1

1:20-cv-02094

Emergency Petition for Writs of Habeas Corpus

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
18

1:20-cv-02094

Response to Emergency Petition for Writs of Habeas Corpus

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
17

1:20-cv-02094

Plaintiffs' Submission on the Applicability and Effect of 18 U.S.C. § 3626

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
24-3

1:20-cv-02094

Declaration of Professor Judith Resnik Regarding Provisional Remedies for Detained Individuals

April 8, 2020

April 8, 2020

Declaration/Affidavit
24

1:20-cv-02094

Petitioners' Reply in Support of Their Petition for Writs of Habeas Corpus

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
29-1

1:20-cv-02094

Memorandum Opinion and Order

Money v. Pritzker, Money v. Jeffreys

453 F.Supp.3d 1103, 2020 WL 1820660

April 10, 2020

April 10, 2020

Order/Opinion
57

1:20-cv-02094

Notice of Dismissal With Prejudice

May 21, 2021

May 21, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17040860/money-v-jeffreys/

Last updated May 28, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
30

ORDER Second 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(ef, ) (Entered: 04/15/2020)

March 30, 2020

March 30, 2020

PACER
1

PETITION for writ of habeas corpus filed by Danny Labosette, Gerald Reed, Carl Reed, Patrice Daniels, William Richard, Carl "Tay Tay" Tate, Amber Watters, James Money, Anthony Rodesky, Tewkunzi Green against Rob Jeffreys Filing fee $ 5, receipt number 0752-16904831. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Civil Cover Sheet)(Del Valle, Vanessa) (Entered: 04/02/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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5 Exhibit

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6 Exhibit

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9 Exhibit

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10 Exhibit

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11 Civil Cover Sheet

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April 2, 2020

April 2, 2020

RECAP

case assigned

April 2, 2020

April 2, 2020

PACER
2

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Sarah Copeland Grady (Grady, Sarah) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (ec, )

April 2, 2020

April 2, 2020

PACER
3

MOTION by Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard for hearing re PETITION for writ of habeas corpus filed by Danny Labosette, Gerald Reed, Carl Reed, Patrice Daniels, William Richard, Carl "Tay Tay" Tate, Amber Watters, James Money, Anthony Rodesky, Tewkunzi Green against Rob Jeffreys Filing fee 1 (Del Valle, Vanessa) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
4

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Jennifer Soble (Soble, Jennifer) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
5

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Vanessa Del Valle (Del Valle, Vanessa) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
6

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Samantha Reed (Reed, Samantha) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
7

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Sheila A Bedi (Bedi, Sheila) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
8

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Amanda C Antholt (Antholt, Amanda) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
9

MINUTE entry before the Honorable John F. Kness: Plaintiff-petitioners have this day filed their "Emergency Petition for Writs of Habeas Corpus," along with a motion styled "Petitioners' Motion for an Expedited Hearing on Emergency Petition for Writs of Habeas Corpus." Under Paragraph Three of Second Amended General Order 20-0012 ("In re: Coronavirus COVID-19 Public Emergency"), available on the Court's website ( www.ilnd.uscourts.gov ), all civil case hearings on or before May 1, 2020 are stricken and will be reset to a date on or after May 4, 2020. As a result, and in the light of the Emergency Petition, the Court construes Petitioners' Motion for an Expedited Hearing as seeking emergency relief. Counsel is thus directed to Paragraphs Five and Six of the Second Amended General Order, which provide for situations in which a party seeks emergency relief: "Any party may seek emergency relief in any case.... In addition to filing the emergency motion in the case in which emergency relief is sought, the party must file the motion in Case No. 20-cv-01792, which is a docket created to receive emergency motions filed under this Second Amended General Order. The emergency motion must be filed (i) electronically via CM/ECF if possible.... The emergency motion will be considered as soon as practicable by the presiding judge, an emergency judge, or the Chief Judge." Accordingly, to the extent they are in fact seeking emergency relief, Petitioners must comply with the procedure for emergency relief set forth in the Court's Second Amended General Order. Mailed notice (ef, ) Modified on 4/2/2020 (tg, ). Modified on 4/2/2020 (tg, ). (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
10

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Elizabeth N. Mazur (Mazur, Elizabeth) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
11

Amended Civil Cover Sheet by Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters (Del Valle, Vanessa) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
12

MINUTE entry: This order is entered by Judge Dow as the designated emergency judge and will also be entered on the regular docket in (1) Money, et al. v. Pritzker, et al., No. 20cv2093, assigned to Judge Seeger, and (2) Money, et al. v. Jeffreys, et al., No. 20cv2094, assigned to Judge Kness, and pertains only to the emergency motions filed on the docket in the special docket, In re: Emergency Motions During Coronavirus COVID-19 Public Emergency, No. 20cv1792. All other motions will be handled by the assigned judges in due course. Plaintiffs' emergency motion for TRO or preliminary injunction in Case No. 20cv2093 91 is taken under advisement. Plaintiffs' request for expedited treatment in Case No. 20cv2093 92 and Petitioners' request for expedited treatment in Case No. 20cv2094 93 are granted. Expedited briefing is ordered as follows: Defendants' brief is due on 4/6/2020 by 5pm; Plaintiffs' reply is due on 4/8/2020 by 5pm. In their response brief, Defendants may address any issues they would like relating to the requests for relief under Section 1983 and habeas, but are requested to give special attention to explaining exactly what measures, if any, are currently being taken in Illinois "to protect people in prisons from the impending spread of COVID-19 by releasing people in an effort to reduce populations" [See 91, at 33; see also id. at 33-39 (describing efforts by state and county governments to reduce prison population, particularly for those who are more vulnerable, close to completing their sentences and/or whose release is deemed to be less dangerous to the community)]. In their reply, Plaintiffs may address any issues they would like, but are requested to give special attention to the citation of any authority or precedent for a federal court order directing state officials to release large numbers of incarcerated individuals. [See 91, at 59-60 (citing Thaker, et al. v. Doll, et al., No. 20 C 0480, Dkt. 47 (M.D. Pa. Mar. 31, 2020), and indicating that in that case the court "granted a temporary restraining order requiring the immediate release of 11 prisoners in federal custody who suffer from chronic medical conditions and face a serious threat of injury or death if exposed to COVID-19")]. After reviewing the briefs, the Court will either issue a ruling by mail or set the matter for telephonic hearing. If a telephonic hearing will be held, it likely would take place on 4/10/2020 at 10:00 a.m. and the Court would provide the call-in information. All additional filings on this motion must be made in the emergency docket, No. 20-cv-1792, and in the underlying dockets as well. Mailed notice (cdh, ) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
13

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon further review of the materials filed to date in Case Nos. 20-cv-2093 and 20-cv-2094, it appears that in their request for immediate relief, Plaintiffs ask the Court to "preliminarily certify Plaintiffs' proposed subclasses 1 and 2, and order Defendants to transfer [certain] individuals to their homes to self-isolate via a temporary medical furlough." [91, at 70-71.] The Court draws to counsel's attention the provisions of the Prison Litigation Reform Act, which (among other things) restrict the circumstances in which a court may enter an order "that has the purpose or effect of reducing or limiting the prison population." 18 U.S.C. ยง 3626(g)(4); see also Brown v. Plata, 563 U.S. 493 (2011). The Court requests that in their briefs the parties give careful attention to whether the PLRA applies to these cases. Mailed notice (cdh, ) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
14

ATTORNEY Appearance for Defendant Rob Jeffreys by Gopi Kashyap (Kashyap, Gopi) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
15

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Consistent with the order entered by Judge Kennelly in Case No. 20-cv-2134, the Court enters the following supplemental briefing order in Case Nos. 20-cv-2093 & 20-cv-2094: By 12:00 p.m. on 4/6/2020, Plaintiffs are directed to supplement their TRO/PI motion to provide their position regarding the applicability and effect of 18 U.S.C. ยง 3626 to each lawsuit and, in particular, to the relief they are requesting in the TRO/PI motion. Mailed notice(cdh, ) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
16

MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Consistent with the order entered by Judge Kennelly in Case No. 20-cv-2134, the Court enters the following supplemental briefing order in Case Nos. 20-cv-2093 & 20-cv-2094: By 12:00 p.m. on 4/6/2020, Plaintiffs are directed to supplement their TRO/PI motion to provide their position regarding the applicability and effect of 18 U.S.C. ยง 3626 to each lawsuit and, in particular, to the relief they are requesting in the TRO/PI motion. Mailed notice (cdh, ) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
17

SUPPLEMENT to petition for writ of habeas corpus,, 1 Submission Regarding Applicability and Effect of 18 U.S.C. 3626 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mazur, Elizabeth) (Entered: 04/06/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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April 6, 2020

April 6, 2020

PACER
18

RESPONSE by Defendant Rob Jeffreys to petition for writ of habeas corpus,, 1, supplement 17 (Kashyap, Gopi) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
19

MOTION by Defendant Rob Jeffreys for leave to file excess pages (Kashyap, Gopi) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
20

STATE Court Record by Rob Jeffreys (Attachments: # 1 Exhibit A & B)(Kashyap, Gopi) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
21

MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for leave to file excess pages [149 in Docket No. 20-cv-1792; 19 in Docket No. 20-cv-2094] is granted. Petitioners are also given leave to file an oversized reply brief on 4/8/2020. Mailed notice (cdh, ) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
22

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Nicole Rae Schult (Schult, Nicole) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
23

ATTORNEY Appearance for Plaintiffs Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters by Alan S. Mills (Mills, Alan) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
24

REPLY by Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters to Response 18, PETITION for writ of habeas corpus filed by Danny Labosette, Gerald Reed, Carl Reed, Patrice Daniels, William Richard, Carl "Tay Tay" Tate, Amber Watters, James Money, Anthony Rodesky, Tewkunzi Green against Rob Jeffreys Filing fee 1 (Attachments: # 1 Exhibit New York Times Report, # 2 Exhibit Declaration of Adam Kaney, # 3 Exhibit Declaration of Prof. Judith Resnik, # 4 Exhibit Executive Order 2020-19, # 5 Exhibit Declarations from Petitioners' Families)(Soble, Jennifer) (Entered: 04/08/2020)

1 Exhibit New York Times Report

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2 Exhibit Declaration of Adam Kaney

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3 Exhibit Declaration of Prof. Judith Resnik

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4 Exhibit Executive Order 2020-19

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5 Exhibit Declarations from Petitioners' Families

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April 8, 2020

April 8, 2020

PACER
25

MINUTE entry before the Honorable Robert M. Dow, Jr: This minute entry is issued by Judge Dow as designated emergency judge in Case Nos. 20-cv-2093 and 20-cv-2094. In view of the comprehensive briefs and supporting materials and the need for expedited ruling, the Court has determined that a telephonic hearing will not be necessary and will issue a written ruling as soon as possible. The Court appreciates the extraordinary effort of counsel to provide high quality briefs on a highly compressed schedule. The Court notes Plaintiffs' offer to call as witnesses the individuals who submitted the declarations attached to the reply brief. [See docket entry 28 in Case No. 20-cv-2093, at 45.]. That will not be necessary, as the Court will accept as true for purposes of this hearing their representations in the declarations. Nor will it be necessary to make arrangements for the named Plaintiffs/Petitioners to either appear by phone or file their own declarations, as the Court also will accept as true for present purposes the accuracy of counsels' representations about the medical conditions of the named Plaintiffs/Petitioners. In order to ensure that the Court has accurate information on an admittedly moving target, the Court directs counsel for Defendants to submit by 5:00 pm today and by 2:00 p.m. on each subsequent day until a ruling is issued an update on (1) how many inmates have been released through each available vehicle and the total reduction in IDOC population since March 2 [see docket entry 26 in Case No. 20-cv-2093, at 3-4 and docket entry 28 in Case No. 20-cv-2093, at 7 & n.1] and (2) how many incarcerated individuals have confirmed cases of COVID-19 at (a) each institution where the named Plaintiffs are housed and (b) across the entire IDOC system. If the Court is unable to issue a decision by the close of business tomorrow, it does have the capability to issue a decision on the docket electronically over the weekend and will do so. Mailed notice (cdh, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
26

ATTORNEY Appearance for Defendant Rob Jeffreys by Katherine Marie Doersch (Doersch, Katherine) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
27

STATUS Report by Rob Jeffreys (Doersch, Katherine) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
28

STATUS Report by Rob Jeffreys (Doersch, Katherine) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
29

MEMORANDUM OPINION AND ORDER signed by the Honorable Robert M. Dow, Jr., as emergency judge, on 4/10/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiffs' motion for temporary restraining order and preliminary injunction in Money v. Pritzker, Case No. 20-cv-2093 9 is denied. Plaintiffs' motions for leave to file oversized brief 5 and for expedited treatment 12 in that same case are granted. Defendants' motion for leave to file sur-reply in that case 32 is granted. Petitioners' motion for expedited treatment in Money v. Jeffreys, Case No. 20-cv-2094 3 is granted, but the Court denies Petitioners' request for expedited release. The petition 1 remains open on the docket, subject to further action by the parties and the judges, both assigned and emergency, as explained in the Memorandum Opinion and Order. No further status hearings will be set at this time by the emergency judge. Mailed notice(cdh, ) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
31

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. (docket9, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
32

ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
33

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. (docket10, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
34

MOTION by Attorney Elizabeth Mazur to withdraw as attorney for Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed. No party information provided (Mazur, Elizabeth) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
35

MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney 34 is granted. Attorney Elizabeth N. Mazur is withdrawn as counsel of record. Mailed notice (ef, ) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
36

MOTION by Pro Se Intervener's Romale Bussell for Emergency Relief. (ph, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
37

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. (Clerk9, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
38

MOTION by Attorney Samantha Reed to withdraw as attorney for Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters. No party information provided (Reed, Samantha) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
39

MINUTE entry before the Honorable John F. Kness: Motion to withdraw as attorney 38 is granted. Attorney Samantha Reed is terminated as counsel for plaintiffs. Mailed notice (ags) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
40

MINUTE entry before the Honorable John F. Kness: Upon a review of the docket, the Court directs the parties to submit a concise joint status report. This report must be filed on the public docket on or before September 25, 2020. Respondent shall also respond to pro se Intervenor's Romale Bussell's motion for emergency relief 36 on or before October 2, 2020. Mailed notice (ags) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
41

STATUS Report (Joint) by Rob Jeffreys (Kashyap, Gopi) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
42

ORDER: The Court has reviewed the parties' joint status report 41, which was filed on September 25, 2020. In view of the parties' ongoing "productive settlement discussions" in the related matter of Richard v. Prtizker, No. 20-cv-02093 (N.D. Ill.) (Seeger, J.), this case is stayed with the exception of the previously set briefing schedule 40 on pro se Intervenor Bussell's motion for emergency relief (that briefing schedule remains in effect). The parties shall file a joint status report on or before November 18, 2020. SO ORDERED. Signed by the Honorable John F. Kness on 9/28/2020.Mailed notice(mjc, ) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
43

RESPONSE by Rob Jeffreys to MOTION by Intervenor Plaintiff Romale Bussell 36 (Kashyap, Gopi) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
44

STATE Court Record by Rob Jeffreys (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kashyap, Gopi) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
45

ORDER ON INTERVENER'S MOTION FOR EMERGENCY RELIEF signed by the Honorable John F. Kness on 10/2/2020. Mailed notice(ef, ) (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
46

LETTER from Bob Donley dated 10/16/2020. (Exhibit) (Envelope postmark not legible). (mc, ) (Entered: 10/23/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
47

LETTER from Bob Donley dated 11/9/2020. (bg, ) (Entered: 11/16/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
48

STATUS Report Second by Romale Bussell, Patrice Daniels, Tewkunzi Green, Danny Labosette, James Money, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Service List, Carl "Tay Tay" Tate, Amber Watters (Soble, Jennifer) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
49

ORDER signed by the Honorable John F. Kness on 11/23/2020: The Court has reviewed the parties' second joint status report 48 . In view of the parties' ongoing settlement discussions in the related matter of Richard v. Pritzker, No. 20 C 2093 (N.D. Ill.) (Seeger, J.), the Court continues the previously-entered stay in this case. The parties shall file a joint status report on or before February 19, 2021. Mailed notice(ef, ) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
50

ORDER: The Clerk is instructed to strike the letters filed at docket entries 46 and 47 from the record. The Clerk shall also send a copy of this order to Bob Donley, K57096, at the Centralia Correctional Center. See accompanying Statement for details. Signed by the Honorable John F. Kness on 12/23/2020.Mailed notice(nsf, ) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
51

STATUS Report (Joint) by Rob Jeffreys (Kashyap, Gopi) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
52

MINUTE entry before the Honorable John F. Kness: Before the Court is the parties' Third Joint Status Report 51, in which the parties report that they have reached a settlement agreement "in principle." The parties further report that they anticipate finalizing their agreement by March 5, 2021 and filing an updated status report on or before that date. Based on this report, the case is remains stayed. A status hearing is set for 3/29/2021 at 09:45 a.m.; that hearing will be stricken if a stipulation of dismissal is filed in advance. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
53

STATUS Report (Joint) by Rob Jeffreys (Kashyap, Gopi) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
54

MINUTE entry before the Honorable John F. Kness: Before the Court is the parties' Fourth Joint Status Report, in which they report that their settlement agreement is "in the process of being signed" and that the parties "anticipate finalizing their agreement by the scheduled status hearing of March 29, 2021." Based on this report, the case remains stayed. The status hearing set for 3/29/2021 at 09:45 a.m. remains in effect; as noted previously, that hearing will be stricken if a stipulation of dismissal is filed in advance. Mailed notice (jk) (Entered: 03/06/2021)

March 6, 2021

March 6, 2021

PACER
55

MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 3/29/2021. The parties reported that they expect to finalize a settlement agreement and to file a stipulation of dismissal within three weeks. The matter is set for a telephone status hearing on 4/23/2021 at 9:30 a.m. That hearing will be stricken if the parties file a stipulation of dismissal in advance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (jj, ) (Entered: 03/30/2021)

March 29, 2021

March 29, 2021

PACER
56

MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 4/23/2021. Counsel for Plaintiffs once again reported that this case has settled, but the parties still require additional time to finalize the payment of fees to Plaintiff's counsel. A continued status hearing is set for 5/24/2021 at 11:30 AM. The parties shall use the same call-in information 55 . If the parties conclude their settlement and file a stipulation of dismissal before 5/24/2021, the Court will strike the hearing and terminate the case. If a stipulation of dismissal is not filed before the next status hearing, the Court will be constrained to set an accelerated schedule to ensure the timely resolution of this case. Mailed notice (ef, ) (Entered: 04/27/2021)

April 23, 2021

April 23, 2021

PACER
57

MOTION by Plaintiffs James Money, Patrice Daniels, Tewkunzi Green, Danny Labosette, Carl Reed, Gerald Reed, William Richard, Anthony Rodesky, Carl "Tay Tay" Tate, Amber Watters to dismiss (Soble, Jennifer) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

RECAP
58

MINUTE entry before the Honorable John F. Kness: On 4/6/2021, Petitioners filed a document 57 entitled "Notice of Dismissal With Prejudice" purportedly under "Federal Rule of Civil Procedure 41(a)(1)(A)(6)." In the ordinary course, a proper stipulated dismissal would constitute a self-executing act without the need for a separate court order. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (FRCP 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). But it is unclear to the Court what provision of Rule 41 Petitioners intended to cite. In view of the state of this litigation and the representations made by counsel during recent status hearings, the Court will construe the notice of dismissal as an unopposed motion to dismiss under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Consistent with that Rule and the terms of notice of dismissal, the motion is granted, and the case is dismissed with prejudice. To the extent any party objects to the substance of this order, they may file a short, written objection within seven days. The Court thanks the parties and their counsel for their professional and cooperative approach to this case. Each party to bear its own fees and costs. Civil case terminated. The hearing set for 5/24/2021 is stricken. Mailed notice (ef, ) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 2, 2020

Closing Date: July 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners of the Illinois Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Illinois Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run