Filed Date: Feb. 8, 2013
Closed Date: April 29, 2025
Clearinghouse coding complete
This case was originally filed in 2013. The original plaintiff, Lester Dobbey, was an inmate in the custody of the Illinois Department of Corrections in the Stateville Correctional Center. On February 8, 2013, the original plaintiff filed a pro se complaint in the Northern District of Illinois (in Chicago) against employees at Stateville Correctional Center. He brought suit under 42 U.S.C. § 1983 alleging Eighth and Fourteenth Amendment Violations. Specifically, the original plaintiff complained of unsanitary birds and vermin in inmates' living units and common areas, unbearable florescent lighting preventing inmates from getting proper sleep, unsanitary living conditions, inadequate ventilation, contaminated water supply, and unsafe housing in the "Bravo, Charlie, Delta, and Edward-Building" in which the plaintiff was housed. The original plaintiff sought injunctive and declaratory relief, along with compensatory damages, punitive damages, and damages for physical and mental suffering. The case was assigned to Judge Robert M. Dow, Jr.
On February 20, 2013, the original plaintiff filed a motion for attorney assistance and a motion to certify a class of the approximately 1,700 inmates housed at Stateville Correctional Center. The court granted the plaintiff's request for counsel and appointed law firm Brinks Gilson & Lione to his case. (The firm no longer exists as its own entity; it merged with the international law firm Crowell & Moring in July 2021). The court denied the plaintiff's motion for class certification without prejudice. The defendants filed their answer on May 28, 2013 and denied any violation of the plaintiff's constitutional rights.
On October 17, 2013, while represented by counsel, the original plaintiff filed an amended complaint which made the same substantive arguments, but also explained that the plaintiff had exhausted his administrative remedies. On January 7, 2014, the original plaintiff filed a second amended complaint adding additional defendants who were at Stateville Correctional Center.
On January 23, 2014, the court entered an amended order granting class certification after the parties filed a joint status report recommending that a class be certified. The certified class consisted of all individuals incarcerated at the Stateville Correctional Center at any time since January 1, 2011, and all individuals who would be housed at the Stateville Correctional Center at any point in the future following January 23, 2014. The court appointed Harold Johnson of Brinks Gilson & Lione as the attorney for the class.
On March 6, 2014, the defendants filed a motion to dismiss portions of the plaintiffs' complaint for failure to allege constitutional violations. In April 2014, Loevy & Loevy was substituted as counsel for the plaintiffs. On September 8, 2014, the court struck the motion to dismiss but gave the defendants permission to refile. In July 2015, settlement negotiations began. On September 5, 2018, the court appointed an expert to assist with these negotiations.
On September 25, 2018, the plaintiffs filed a motion to terminate Loevy & Loevy as class counsel and a motion for appointment of new class counsel. The plaintiff never filed a brief in support and withdrew his motion on December 4, 2018.
On April 2, 2020, the plaintiffs filed a motion for an emergency, temporary appointment of a Special Master to oversee IDOC's response to the COVID-19 pandemic at Stateville Correctional Center. The plaintiffs sought an individual or individuals with expertise in correctional facility management as well as infectious disease and/or public health to evaluate IDOC's response with regard to:
(1) segregating Class Members who are exhibiting symptoms of infection from healthy Class Members;
(2) reducing the spread of the virus through all necessary health and sanitation recommendations:
(3) instituting social distancing for living, daily activities like eating and showering;
(4) providing PPE to Class Members to reduce the spread of the virus; and
(5) ensuring all possible means are used to segregate any Class Members whose age or prior medical conditions put them at increased risk of developing severe medical complications if they contracted COVID-19.
On April 3, 2020, the court held a status conference and requested that the plaintiffs supplement their motion with a concrete proposal. In response, the plaintiffs modified their emergency motion to request the appointment of an expert instead of a special master. The plaintiffs sought the temporary appointment of an expert to: (1) access information from the Defendants regarding the conditions at Stateville, and speak with relevant IDOC employees about the Defendants’ COVID-19 response at Stateville; and (2) provide recommendations to the court and parties regarding the Defendants’ COVID-19 response at Stateville to ensure that all class members’ health and safety were protected during this crisis period.
On April 13, 2020, District Judge Dow denied without prejudice the plaintiff's motion to appoint an expert. The court concluded that imposing additional obligations on the already overburdened medical personnel and correctional staff would have been counterproductive, especially given that none of the individuals identified as potential experts had particularized knowledge about the conditions at Stateville since the first COVID-19 case was identified.
On September 11, 2020, the original plaintiff amended an earlier motion to declass the class action certification. The court denied the motion on October 7, 2020, noting that the class action remained viable.
On December 1, 2020, the original plaintiff moved to voluntarily withdraw and dismiss his individual claims provided in his second amended complaint. The court granted the motion the next day. The injunctive claims brought on behalf of the class proceeded in the district court.
On October 11, 2022, District Judge Dow was reassigned due to being appointed Counselor to the Chief Justice. This case was reassigned to District Judge Andrea M. Wood.
On July 31, 2024, the original plaintiff filed a motion for a preliminary injunction requiring the Illinois Department of Corrections to produce a plan outlining the transfer of all class members from Stateville Correctional Center to another facility, with the release required to occur before September 20, 2024. Plaintiffs provided evidence that deteriorating masonry in the structure of the correctional facility placed plaintiffs at risk of severe injury by falling concrete. Judge Wood acknowledged the motion on the same day, and urged the parties to have a conference to resolve the motion before August 2, 2024. Defendants ultimately did not oppose Plaintiffs' motion for preliminary injunction, though still denied deliberate indifference to the conditions in the correctional facility.
Judge Wood granted the request for a preliminary injunction on August 9, 2024. The injunction ordered that all persons incarcerated in the Stateville Prison be transferred to alternate facilities by September 30, 2024. The Illinois Department of Corrections stated that the order was in line with its long term plans, as it had decided to build a new facility rather than repair the outdate Stateville Correctional Center.
On October 22, 2024, plaintiffs filed a third amended complaint unopposed, updating the list of defendants and adding another named plaintiffs to the complaint.
At a status hearing on November 20, 2024, the parties indicated that they were close to reaching a class settlement agreement. Accordingly, the Court ordered Plaintiffs to file a motion for preliminary approvement of class settlement, and set a preliminary settlement hearing for December 18, 2024.
On January 8, 2025, Plaintiff filed a fourth amended complaint unopposed, narrowing the list of named plaintiffs to a single plaintiff in response to the other named plaintiffs being transferred due to the injunction, updating factual allegations to reflect recent developments at Stateville (including a 2023 concrete collapse, a 2024 court-ordered transfer of most class members, and $250 million in deferred maintenance), and tailoring the claims to Kendricks’s individual injuries while continuing to seek class-wide injunctive relief.
A week later, on January 17, 2025, Plaintiff filed a motion for preliminary approval of class action settlement. In the motion the Plaintiff requested the Court to grant a preliminary approval order which provides approval of the proposed settlement agreement, appointment of the named Plaintiff as class representative for the Settlement Classes, requirement for notice to be sent to the Settlement Class, and the scheduling of a hearing on final approval of the proposed settlement.
The Court approved the proposed settlement agreement in its entirety as well as the proposed Notice of Settlement on January 29, 2025. The Court, thus, set a Final Fairness Hearing for April 24, 2025
During the final fairness hearing on April 24, 2025, the court granted final approval of the proposed class action settlement and dismissed this case with prejudice, as reflected in an order filed on April 29, 2025.
The approved settlement provides injunctive relief to the class in that the Illinois Department of Corrections will not repopulate Stateville’s current general housing units and will continue to operate Stateville’s Health Care Unit to provide treatment for individuals in custody. Additionally, the Illinois Department of Corrections will construct a new facility rather than replace Stateville’s outdated ones and pay $275,000 in attorneys' fees in exchange for defendants obtaining a release of liability from each Class member for injunctive relief claims only.
As of April 29, 2025 this case was dismissed with prejudice.
Summary Authors
Elena Malik (6/2/2020)
Mary Novakovic (10/10/2020)
Nicholas Gillan (2/19/2021)
John Duffield (7/12/2021)
Carlos Hurtado-Esteve (11/20/2024)
Sarah Portwood (12/13/2024)
Benjamin Houri (9/24/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5596082/parties/kendricks-v-truitt/
Aguilar, Isabella (Illinois)
Crosley, Adair Rachel (Illinois)
Dobbey, Lester (Illinois)
Donnell, Heather Lewis (Illinois)
Corrections, Illinois Department (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/5596082/kendricks-v-truitt/
Last updated Nov. 3, 2025, 3:55 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
COVID-19 (novel coronavirus)
Key Dates
Filing Date: Feb. 8, 2013
Closing Date: April 29, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All individuals incarcerated at the Stateville Correctional Center at any time since January 1, 2011, and all individuals that would be housed at the Stateville Correctional Center after January 23, 2014, (the date class certification was granted).
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Stateville Correctional Center, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Substantive Due Process
Other Dockets:
Northern District of Illinois 1:13-cv-01068
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $275,000.00
Issues
General/Misc.:
Food service / nutrition / hydration
Sanitation / living conditions
COVID-19:
Affected Sex/Gender(s):
Medical/Mental Health Care: