Case: Henry v. Hulett

3:12-cv-03087 | U.S. District Court for the Central District of Illinois

Filed Date: March 20, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2011, female prisoners at an Illinois women’s prison were strip searched as part of a training exercise for new guards. Several of the prisoners filed this putative class action in the U.S. District Court for the Central District of Illinois. The plaintiffs sued the Illinois Department of Corrections, Lincoln Correctional Center, and Logan Correctional Center under 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. Represented by civil rights attorneys Loevy…

On March 31, 2011, female prisoners at an Illinois women’s prison were strip searched as part of a training exercise for new guards. Several of the prisoners filed this putative class action in the U.S. District Court for the Central District of Illinois. The plaintiffs sued the Illinois Department of Corrections, Lincoln Correctional Center, and Logan Correctional Center under 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. Represented by civil rights attorneys Loevy and Loevy, they sought damages, costs and attorney’s fees, punitive damages, and injunctive relief. The complaint alleged that the strip searches were conducted in a way that violated the Fourth and Eighth Amendments. Specifically, they claimed that the strip searches were unnecessary, demeaning, dehumanizing, and humiliating.

The plaintiffs had to stand naked in a line with 8-10 other inmates in a room with other inmates and guards who were not conducting the searches. The prisoners who were menstruating had to remove their menstrual products, they were not given new ones, and many got blood on themselves, their clothes, and the floor. The prisoners had to stand barefoot and naked on a floor covered in menstrual blood, raise their breasts, life their hair, turn around, bend over, spread their buttocks and vaginas, and cough.

The case was assigned to Judge Richard Mills. On October 21, 2014 Judge Mills granted the plaintiffs’ motion for class certification. 2014 WL 5349870 (C.D. Ill. 2014). Judge Mills certified the two classes. Class I included all individuals subjected to the March 31, 2011 strip search at Lincoln Correctional Center. Class II included all women who are incarcerated at Logan Correctional Center and all women who will be incarcerated at Logan Correctional Center in the future. Lincoln Correctional Center was converted to an all-male prison and the majority of inmates were sent to Logan Correctional Center.

On April 14, 2016 the district court granted summary judgment for the defendants on the Fourth Amendment claim because, it held, a visual inspections of a prisoner could not constitute an unreasonable search. 2016 WL 11265636 (C.D. Ill. 2016). The district court denied summary judgment on the Eighth Amendment claim and that claim went to trial.

A jury trial was held before Judge Mills on November 14-18, 2016. On November 21, 2016, the jury returned a verdict for the defendants, finding that the searches had not been intended to humiliate or conducted to gain sexual gratification. Judge Mills entered the verdict for the defendants on November 22, 2016. The plaintiffs appealed; they did not contest the jury verdict against them on the Eighth Amendment claim but appealed to the Seventh Circuit to reinstate the Fourth Amendment claim. (Docket No. 16-04234).

On November 30, 2017, the case was argued in front of a panel of three judges: Circuit Judge Frank H. Easterbrook, Circuit Judge Daniel A. Manion, and District Judge John Z. Lee (sitting by designation). On July 16, 2019, the Seventh Circuit issued an opinion affirming the decision of the District Court that granted summary judgment to the defendants. Judge Lee dissented, arguing that whether or not the Fourth Amendment applied depended on whether the prisoners had a reasonable expectation of privacy, not on whether guards or the prisoners themselves conducted the searches. 930 F.3d 836 (7th Cir. 2019).

Rehearing en banc was granted December 18, 2019. 788 Fed. Appx. 387 (Mem). On May 14, 2020 the case was argued en banc via Zoom.

On August 11, 2020 the en banc Seventh Circuit reversed the previous panel’s ruling. In an opinion by Circuit Judge Amy J. St. Eve, the court held that “the Fourth Amendment protects a right to bodily privacy for convicted prisoners, albeit in a significantly limited way, including during visual inspections.” 969 F.3d 769, 774. The Seventh Circuit then remanded the case back to District Court for further proceedings on the plaintiff’s Fourth Amendment claims. Judge Easterbrook, who wrote the reversed panel opinion in this case, filed a dissent, arguing that convicted prisoners have no rights under the Fourth Amendment. Id. at 788.

The District Court received the Court of Appeal's mandate on September 3, 2020, but no proceedings have happened as of October 1, 2020. The case remains open.

Summary Authors

Sabrina Glavota (5/20/2020)

Jonah Hudson-Erdman (10/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4248545/parties/throgmorton-v-reynolds/


Judge(s)

Easterbrook, Frank Hoover (Illinois)

Lee, John Zihun (Illinois)

Manion, Daniel Anthony (Indiana)

Mills, Richard Henry (Illinois)

Schanzle-Haskins, Tom (Illinois)

Attorneys(s) for Plaintiff

Brown, Ruth Z. (Illinois)

Field, Vincenzo (Illinois)

Kanovitz, Michael I. (Illinois)

Loevy, Arthur R. (Illinois)

Steinback, Rachel (Illinois)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Lee, John Zihun (Illinois)

Manion, Daniel Anthony (Indiana)

Mills, Richard Henry (Illinois)

Schanzle-Haskins, Tom (Illinois)

Attorneys(s) for Plaintiff

Brown, Ruth Z. (Illinois)

Field, Vincenzo (Illinois)

Kanovitz, Michael I. (Illinois)

Loevy, Arthur R. (Illinois)

Steinback, Rachel (Illinois)

Thompson, Tara Elizabeth (Illinois)

Attorneys(s) for Defendant

Barnes, Deborah L (Illinois)

Bautista, Laura K. (Illinois)

Buell, Katelin B (Illinois)

Cook, Lisa A. (Illinois)

Corrigan, Terence J. (Illinois)

Fanning, Robert L. (Illinois)

Higgerson, Christopher L. (Illinois)

McNaught, Karen L. (Illinois)

Notz, Jane Elinor (Illinois)

O'Boyle, Erin L (Illinois)

Rupcich, Joseph N. (Illinois)

Other Attorney(s)

Callahan, Matthew W. (District of Columbia)

Ellsworth, Jessica Lynn (District of Columbia)

Faris, Michael J (Illinois)

Feder, Meir (New York)

Greenfield, Daniel M (Illinois)

Jefferis, Danielle C. (Colorado)

Waxman, Seth (District of Columbia)

Documents in the Clearinghouse

Document

3:12-cv-03087

Docket [PACER]

Throgmorton v. Reynolds

Sept. 11, 2019

Sept. 11, 2019

Docket

16-04234

Docket [PACER]

U. S. Court of Appeals for the Seventh Circuit

May 14, 2020

May 14, 2020

Docket
1

3:12-cv-03087

Complaint

Throgmorton v. Reynolds

March 20, 2012

March 20, 2012

Complaint
83

3:12-cv-03087

Sixth Amended Complaint

Throgmorton v. Hulett

March 31, 2014

March 31, 2014

Complaint
87

3:12-cv-03087

Opinion

Throgmorton v. Reynolds

2014 WL 5349870

Oct. 21, 2014

Oct. 21, 2014

Order/Opinion
122

3:12-cv-03087

Order

Throgmorton v. Reynolds

2016 WL 11265636

April 14, 2016

April 14, 2016

Order/Opinion
181

3:12-cv-03087

Judgment in a Civil Case

Throgmorton v. Reynolds

Nov. 22, 2016

Nov. 22, 2016

Order/Opinion
38

16-04234

Opinion

U. S. Court of Appeals for the Seventh Circuit

930 F.3d 836

July 16, 2019

July 16, 2019

Order/Opinion
51-2

16-04234

Brief of Amici Curiae Law Professors and Scholars of Sexual Violence, ACLU, Just Detention International, Roderick and Solange Macarthur Justice Center, Uptown People’s Law Center, & Women’s Prison Association in Support of Petition for Reh'g En Banc

U. S. Court of Appeals for the Seventh Circuit

Aug. 20, 2019

Aug. 20, 2019

Pleading / Motion / Brief

3:12-cv-03087

Opinion

U. S. Court of Appeals for the Seventh Circuit

969 F.3d 769

Aug. 11, 2020

Aug. 11, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4248545/throgmorton-v-reynolds/

Last updated May 30, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lincoln Correctional Center Former Assistant Warden REYNOLDS, Lincoln Correctional Officer ANDERSON, Lincoln Correctional Officer CRAIG, Lincoln Correctional Officer DALLAS, Lincoln Correctional Officer DOWDY, Lincoln Correctional Officer EDMONSON, Lincoln Correctional Officer JOHNSON, Lincoln Correctional Officer KRUDUP, Lincoln Correctional Officer LEONETTI, Lincoln Correctional Officer PFEIFFER, Lincoln Correctional Officer SLATER, Unknown Illinois Department of Corrections Employees ( Filing fee $ 350 receipt number 0753-1335037.), filed by Patricia Phillips, Delores Henry, Beverly Thogmorton. (Attachments: # 1 Civil Cover Sheet, # 2 Arthur Loevy Attorney Appearance, # 3 Jon Loevy Attorney Appearance, # 4 Michael Kanovitz Attorney Appearance, # 5 Rachel Steinback Attorney Appearance, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons)(Steinback, Rachel) (Entered: 03/20/2012)

1 Civil Cover Sheet

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2 Arthur Loevy Attorney Appearance

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3 Jon Loevy Attorney Appearance

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4 Michael Kanovitz Attorney Appearance

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5 Rachel Steinback Attorney Appearance

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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March 20, 2012

March 20, 2012

PACER
2

Summonses Issued as to Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, and Slater. Original Summonses mailed to Plaintiffs' Attorneys for service. (MJ, ilcd) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
3

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Anderson served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
4

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Craig served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
5

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Dallas served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
6

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Dowdy served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
7

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Edmonson served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
8

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Johnson served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
9

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Krudup served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
10

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Leonetti served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
11

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Pfeiffer served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
12

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Reynolds served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
13

SUMMONS Returned Executed by Patricia Phillips, Delores Henry, Beverly Thogmorton. Slater served on 4/13/2012, answer due 5/4/2012. (Steinback, Rachel) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
14

Partial ANSWER to 1 Complaint,,,, AND AFFIRMATIVE DEFENSES by Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater.(Rupcich, Joseph) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
15

MOTION to Dismiss Count III by Defendants Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater. Responses due by 6/28/2012 (Rupcich, Joseph) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
16

MEMORANDUM in Support re 15 MOTION to Dismiss Count III filed by Defendants Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater. (Rupcich, Joseph) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER

Order on Motion to Dismiss

June 22, 2012

June 22, 2012

PACER
17

AMENDED COMPLAINT against Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater, Unknown Illinois Department of Corrections Employees, filed by Patricia Phillips, Delores Henry, Beverly Thogmorton.(Steinback, Rachel) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

RECAP
18

RESPONSE to Motion re 15 MOTION to Dismiss Count III filed by Plaintiffs Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER

TEXT ORDER: Before the Court is the Defendants' Motion to Dismiss Count III (d/e 15 ). In the Motion, the Defendants argued that Count III of the Complaint (d/e 1 ) - Indemnfication - is barred by sovereign immunity. Following the filing of the Motion to Dismiss, the Plaintiffs filed a two-count First Amended Complaint (d/e 17 ) that omits the claim for indemnification. In addition, the Plaintiffs have filed a Response to the Motion to Dismiss (d/e 18 ), in which they (1) note the filing of the First Amended Complaint, and (2) request that the Court deny the Motion to Dismiss Count III as moot. In light of these developments, the Defendants' Motion to Dismiss Count III (d/e 15 ) is DENIED AS MOOT. Entered by Judge Richard Mills on 06/22/2012. (VM, ilcd)

June 22, 2012

June 22, 2012

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Defendants are directed to answer or otherwise plead to Plaintiffs' Amended Complaint 17 on or before 7/12/2012. (LB, ilcd)

June 28, 2012

June 28, 2012

PACER

Order

June 28, 2012

June 28, 2012

PACER

Notice of Hearing

July 5, 2012

July 5, 2012

PACER
19

ANSWER to 17 Amended Complaint, and Affirmative Defenses by Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater.(Higgerson, Christopher) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

RECAP

NOTICE OF HEARING: Rule 16 Scheduling Conference set Wednesday, 8/15/2012, at 2:00 PM by telephone (court will place call) before Magistrate Judge Byron G. Cudmore. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 8/13/2012. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)

July 5, 2012

July 5, 2012

PACER
20

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
21

NOTICE of Appearance of Attorney by Erin L O'Boyle on behalf of Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater (O'Boyle, Erin) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
22

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Byron G. Cudmore: Scheduling Conference held on 8/15/2012. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Written Scheduling Order to follow. (LB, ilcd) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
23

SCHEDULING ORDER: Attorneys Michael Kanovitz, Rachel Steinback, and Erin O'Boyle present by telephone for Rule 16 conference; Same held at 2:00 PM on 8/15/2012; SCHEDULING TIME LIMITS ORDERED: Initial Disclosures due by 8/27/2012. Class and collective certification discovery due by 11/15/2012. Motion for class certification to be filed by 1/15/2013, response by 2/15/2013, and any reply by 3/1/2013. Additional deadlines, including merit discovery, damages discovery, merit expert discovery, and dispositive motions deadline, final pretrial and trial settings will be set after the Court's ruling on any motions for certification. See written order entered by Magistrate Judge Byron G. Cudmore on 8/15/2012. (Attachments: # 1 Mediation Memorandum, # 2 Courtroom Technology Brochure) (LB, ilcd) (Entered: 08/15/2012)

1 Mediation Memorandum

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2 Courtroom Technology Brochure

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Aug. 15, 2012

Aug. 15, 2012

PACER
24

MOTION for Leave to File Second Amended Complaint (Unopposed) by Plaintiffs Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 9/10/2012 (Attachments: # 1 Exhibit A)(Steinback, Rachel) (Entered: 08/23/2012)

1 Exhibit A

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Aug. 23, 2012

Aug. 23, 2012

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint Joining One Additional Party 24 ALLOWED without objection. Clerk directed to file the Second Amended Complaint [24-1] instanter. All Defendants to answer or otherwise plead to Plaintiff's Second Amended Complaint by 9/10/2012. Entered on 8/24/2012. (MJ, ilcd)

Aug. 24, 2012

Aug. 24, 2012

PACER

Order on Motion for Leave to File

Aug. 24, 2012

Aug. 24, 2012

PACER

Set/Reset Deadlines

Aug. 24, 2012

Aug. 24, 2012

PACER
25

SECOND AMENDED COMPLAINT against Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater, Unknown Illinois Department of Corrections Employees, Melody Hulett, filed by Patricia Phillips, Delores Henry, Beverly Thogmorton. (MJ, ilcd) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER

Set Deadlines: All Defendants to answer or otherwise plead to Plaintiff's Second Amended Complaint by 9/10/2012 per Judge Cudmore's 8/24/2012 Text Order. (MJ, ilcd)

Aug. 24, 2012

Aug. 24, 2012

PACER
26

Summons Issued as to Melody Hulett. Original mailed to attorney for service. (MJ, ilcd) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
27

ANSWER to 25 Amended Complaint, Second Amended Complaint [Doc. 25] by Anderson, Craig, Dallas, Dowdy, Edmonson, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater.(Higgerson, Christopher) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

RECAP
28

SUMMONS Returned Executed by Delores Henry, Beverly Thogmorton, Patricia Phillips. Melody Hulett served on 9/10/2012, answer due 10/1/2012. (Steinback, Rachel) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
29

ANSWER to 25 Amended Complaint, and Affirmative Defenses by Melody Hulett.(Higgerson, Christopher) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
30

MOTION for Extension of Time to Complete Discovery by Defendants Anderson, Craig, Dallas, Dowdy, Edmonson, Melody Hulett, Johnson, Krudup, Leonetti, Pfeiffer, Reynolds, Slater. Responses due by 11/26/2012 (Fanning, Robert) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Motion for Enlargement of Time to Complete Discovery 30 ALLOWED. Discovery extended to 12/7/2012. The Court also extends the deadline for motion for class certification to 2/1/2013, response by 3/1/2013, and any reply by 3/15/2013. (LB, ilcd)

Nov. 8, 2012

Nov. 8, 2012

PACER

Order on Motion for Extension of Time to Complete Discovery

Nov. 8, 2012

Nov. 8, 2012

PACER
31

MOTION Clarify Scheduling Order by Plaintiffs Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 11/29/2012 (Steinback, Rachel) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Motion to Clarify 31 ALLOWED in that the Court grants Defendants until 12/7/2012 in which to respond to Plaintiffs' discovery requests and extends the discovery cutoff date to 12/17/2012. (LB, ilcd)

Nov. 9, 2012

Nov. 9, 2012

PACER

Order on Motion for Miscellaneous Relief

Nov. 9, 2012

Nov. 9, 2012

PACER
32

MOTION for Extension of Time to Complete Discovery (Agreed) by Plaintiffs Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 1/2/2013 (Steinback, Rachel) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Agreed Motion to Extend Fact Discovery 32 ALLOWED. The Court extends the class-related fact discovery cutoff to 2/8/2013, and resets the deadline for Plaintiffs' motion for class certification to 3/1/2013, response by 4/1/2013, and any reply by 4/15/2013. (LB, ilcd)

Dec. 13, 2012

Dec. 13, 2012

PACER

Order on Motion for Extension of Time to Complete Discovery

Dec. 13, 2012

Dec. 13, 2012

PACER

Order on Motion for Leave to File

Feb. 28, 2013

Feb. 28, 2013

PACER
33

MOTION for Leave to File Third Amended Complaint (Unopposed) by Plaintiffs Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 3/18/2013 (Attachments: # 1 Exhibit A -- Third Amended Complaint)(Steinback, Rachel) (Entered: 02/28/2013)

1 Exhibit A -- Third Amended Complaint

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Feb. 28, 2013

Feb. 28, 2013

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiffs' Unopposed Motion for Leave to File Third Amended Complaint 33 ALLOWED without objection. Clerk to file Third Amended Complaint [33-1] forthwith. Defendants to answer or otherwise plead by 3/15/2013. Entered on 2/28/2013. (MJ, ilcd)

Feb. 28, 2013

Feb. 28, 2013

PACER
34

THIRD AMENDED COMPLAINT against all Defendants filed by Delores Henry, Beverly Thogmorton, Patricia Phillips, and Jacqueline Hegwood. (MJ, ilcd) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
35

MOTION to Certify Class by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 3/18/2013 (Steinback, Rachel) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

PACER
36

MEMORANDUM in Support re 35 MOTION to Certify Class filed by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Attachments: # 1 Exhibit 1 - Excerpt Pasley Dep Pages, # 2 Exhibit 2 - Group Declarations, # 3 Exhibit 3 - Interrogatory Response)(Steinback, Rachel) (Entered: 03/01/2013)

1 Exhibit 1 - Excerpt Pasley Dep Pages

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2 Exhibit 2 - Group Declarations

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3 Exhibit 3 - Interrogatory Response

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March 1, 2013

March 1, 2013

PACER
37

Exhibit re 36 Memorandum in Support of Motion, (Amended Exhibit 1) by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Attachments: # 1 Exhibit 1)(Steinback, Rachel) (Entered: 03/01/2013)

1 Exhibit 1

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March 1, 2013

March 1, 2013

PACER
38

Summons Issued as to Bender, Boch, M Brooks, Brown, Butler, Dilley, Deborah Hatfield, Hinton, Johner, Johnson(Lincoln Correctional Officer), Eddie Jones, Kenney, Killam, Krull, Last, Mathias, Alan Pasley, Rickord, Spaniol, Van Middlesworth, Warden. Originals mailed to attorney. (MJ, ilcd) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
39

ANSWER to 34 Amended Complaint and Affirmative Defenses by Anderson, Craig, Dallas, Dowdy, Edmonson, Melody Hulett, Johnson(Lincoln Correctional Officer), Krudup, Leonetti, Pfeiffer, Reynolds, Slater.(Higgerson, Christopher) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
40

MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Fourth Amended Complaint by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 4/12/2013 (Attachments: # 1 Exhibit A)(Steinback, Rachel) (Entered: 03/26/2013)

1 Exhibit A

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March 26, 2013

March 26, 2013

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiffs' Unopposed Motion for Leave to File Fourth Amended Complaint 40 ALLOWED. Clerk directed to file Plaintiffs Fourth Amended Complaint [40-1] attached to motion. Defendants to answer or otherwise plead by 4/10/2013. Entered on 3/27/13. (ME, ilcd)

March 27, 2013

March 27, 2013

PACER

Order on Motion for Leave to File

March 27, 2013

March 27, 2013

PACER
41

FOURTH AMENDED COMPLAINT against All Defendants, filed by Delores Henry, Beverly Thogmorton, Patricia Phillips, Jacqueline Hegwood.(ME, ilcd) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
42

Summons Issued as to Renee Hatfield and returned to Plaintiffs counsel to effectuate service. (ME, ilcd) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
43

AFFIDAVIT of Service for Summons served on Lincoln Correctional Officer Bender on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
44

AFFIDAVIT of Service for Summons served on Boch on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
45

AFFIDAVIT of Service for Summons served on Brooks on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
46

AFFIDAVIT of Service for Summons served on Brown on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
47

AFFIDAVIT of Service for Summons served on Butler on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
48

AFFIDAVIT of Service for Summons served on Dilley on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
49

AFFIDAVIT of Service for Summons served on Hinton on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
50

AFFIDAVIT of Service for Summons served on Johner on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
51

AFFIDAVIT of Service for Summons served on Johnson on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
52

AFFIDAVIT of Service for Summons served on Jones on 3/26/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
53

AFFIDAVIT of Service for Summons served on Kenney on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
54

AFFIDAVIT of Service for Summons served on Killam on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
55

AFFIDAVIT of Service for Summons served on Krull on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
56

AFFIDAVIT of Service for Summons served on Last on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
57

AFFIDAVIT of Service for Summons served on Mathias on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
58

AFFIDAVIT of Service for Summons served on Pasley on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
59

AFFIDAVIT of Service for Summons served on Rickord on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
60

AFFIDAVIT of Service for Summons served on Spaniol on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
61

AFFIDAVIT of Service for Summons served on Van Middlesworth on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
62

AFFIDAVIT of Service for Summons served on Warden on 3/13/13, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
63

RESPONSE to Motion re 35 MOTION to Certify Class filed by Defendants Anderson, Craig, Dallas, Dowdy, Edmonson, Melody Hulett, Johnson, Krudup, Leonetti, Alan Pasley, Pfeiffer, Reynolds, Slater. (Attachments: # 1 Affidavit of Robert Patterson)(Higgerson, Christopher) (Entered: 04/01/2013)

1 Affidavit of Robert Patterson

View on PACER

April 1, 2013

April 1, 2013

PACER

TEXT ORDER BY RICHARD MILLS, U.S. District Judge: The Court is in receipt of the Defendants' Response to Motion for Class Certification, 63, and has reviewed same. Plaintiffs are directed to file a Reply on or before April 12, 2013. Entered on 4/2/2013. (MJ, ilcd)

April 2, 2013

April 2, 2013

PACER

Order

April 2, 2013

April 2, 2013

PACER
64

ANSWER to 41 Amended Complaint and Affirmative Defenses by Anderson, Craig, Dallas, Dowdy, Edmonson, Melody Hulett, Johnson(Lincoln Correctional Officer), Krudup, Leonetti, Alan Pasley, Pfeiffer, Reynolds, Slater.(Higgerson, Christopher) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER

TEXT ORDER BY RICHARD MILLS, U.S. District Judge: The Plaintiffs' Unopposed Oral Motion to Extend the Deadline for Filing a Reply Brief to the Defendants' Response to the Motion for Class Certification is ALLOWED. The deadline for the Reply is hereby extended from April 12, 2013, to April 15, 2013. Entered on 4/12/2013. (MJ, ilcd)

April 12, 2013

April 12, 2013

PACER

Order

April 12, 2013

April 12, 2013

PACER
65

REPLY to Response to Motion re 35 MOTION to Certify Class filed by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steinback, Rachel) (Entered: 04/15/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

April 15, 2013

April 15, 2013

PACER
66

AFFIDAVIT of Service for Summons served on Renee Hatfield on 4/5/2013, filed by Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. (Steinback, Rachel) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
67

ANSWER to 41 Amended Complaint and Affirmative Defenses by Bender, Boch, Butler, Dilley, Renee Hatfield, Hinton, Johner, Eddie Jones, Kenney, Killam, Krull, Last, Mathias, Rickord, Spaniol, Van Middlesworth, Warden.(Higgerson, Christopher) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
68

ORDER by U.S. DISTRICT JUDGE RICHARD MILLS: Plaintiffs' Motion for Class Certification (d/e 35 ) is ALLOWED IN PART and DENIED IN PART. SEE WRITTEN ORDER. Entered on 7/29/2013. (MJ, ilcd) (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
69

MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 9/26/2013 (Steinback, Rachel) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Unopposed Motion for an Extension of Time 69 ALLOWED: Close of class certification fact discovery set 11/15/2013; deadline for Plaintiffs to amend complaint set 11/25/2013; Plaintiff's motion for class certification to be filed by 12/9/2013. (LB, ilcd)

Sept. 10, 2013

Sept. 10, 2013

PACER

Order on Motion for Extension of Time to Complete Discovery

Sept. 10, 2013

Sept. 10, 2013

PACER
70

MOTION for Order for Preservation of Evidence by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 11/29/2013 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steinback, Rachel) (Entered: 11/12/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Nov. 12, 2013

Nov. 12, 2013

PACER
71

MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiffs Jacqueline Hegwood, Delores Henry, Patricia Phillips, Beverly Thogmorton. Responses due by 11/29/2013 (Steinback, Rachel) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Unopposed Motion for Entry of Preservation Order 70 ALLOWED as the Plaintiff advises the motion is unopposed. The Court orders Logan Correctional Center and the Illinois Department of Corrections to preserve any and all evidence within their custody and control that pertains to the 10/31/2013 cadet training exercise, including but not limited to any video recordings depicting shakedowns of inmate cells, strip searches of inmates, and/or interactions between cadets, corrections officers, prison administrators and inmates, and all inmate grievances and/or other written complaints. (LB, ilcd)

Nov. 18, 2013

Nov. 18, 2013

PACER

Order on Motion

Nov. 18, 2013

Nov. 18, 2013

PACER

TEXT ORDER by Magistrate Judge Byron Cudmore: Unopposed Motion for an Extension of Time 71 ALLOWED in that: Close of class certification fact discovery extended to 1/10/2014; Deadline for Plaintiffs to amend complaint extended to 1/20/2014; and, Plaintiff's motion for class certification to be filed by 2/3/2014. (LB, ilcd)

Nov. 18, 2013

Nov. 18, 2013

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 20, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

prisoners at a women's prison in Illinois

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections, State

Lincoln Correctional Center, State

Logan Correctional Center, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Assault/abuse by staff

Search policies

Strip search policy

Affected Gender:

Female

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Government-run