Case: Barnes v. Jeffreys

1:20-cv-02137 | U.S. District Court for the Northern District of Illinois

Filed Date: April 5, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved a challenge to the continued imprisonment of individuals who completed prison sentences for sex offenses but remained incarcerated because they could not find housing that complied with an Illinois statute. On April 5, 2020, a male individual filed a class action lawsuit against the Illinois Department of Corrections (“IDOC”) under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Illinois. Represented by private counsel, the plaintiff sought declaratory…

This case involved a challenge to the continued imprisonment of individuals who completed prison sentences for sex offenses but remained incarcerated because they could not find housing that complied with an Illinois statute. On April 5, 2020, a male individual filed a class action lawsuit against the Illinois Department of Corrections (“IDOC”) under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Illinois. Represented by private counsel, the plaintiff sought declaratory relief, injunctive relief, and reasonable attorneys’ fees and costs. The case was assigned to Judge Manish S. Shah.

According to the complaint, the plaintiff was a member of the certified class in Murphy v. Raoul. The plaintiffs in Murphy were individuals who had been convicted of sex offenses and had served the entirety of their sentences but remained incarcerated in Illinois prisons because of their inability to find a suitable host site at which to live while on mandatory supervised release (“MSR”). The U.S. District Court for the Northern District of Illinois ruled that Illinois’s statutory and regulatory scheme violated the Murphy class’ constitutional rights. On January 15, 2020, the district court issued a permanent injunction requiring the IDOC to set forth the specific steps it would take to ensure that no member of the class would remain imprisoned after January 2, 2021, due to an inability to comply with the host-site requirement.

The complaint alleged that the plaintiff remained incarcerated 18 months beyond his court-ordered term of imprisonment. The plaintiff asserted that the sole reason his release was denied was because of Illinois’s “One-Per-Address” statute, which prohibited individuals on MSR for sex offenses from living at the same condominium complex or apartment complex. The plaintiff also emphasized the health risks of detention amidst the COVID-19 pandemic. The complaint claimed that the challenged scheme violated the Eighth Amendment, and substantive due process and equal protection under the Fourteenth Amendment.

On the same day the complaint was filed, April 5, 2020, the plaintiff also filed a motion for a temporary restraining order and preliminary injunction.

On April 6, 2020, the plaintiff moved to certify the class.

The case was reassigned to Judge Virginia M. Kendall on April 8, 2020, because of its similarity to another case before Judge Kendall.

The court ordered the plaintiff released to MSR on April 8, 2020, ruling that he was “clearly suffering a constitutional harm each day he [was] detained past his release date,” and that the harm “can only be remedied by release.” The court held that the defendants were unable to justify the One Per Address provision with penological or rehabilitative support and that the “public's interest in only hav[ing] one sex offender live at one residence is not supported by any testimony, expert opinion, or evidence.” Therefore the court held the statute unconstitutional as it applied to the named plaintiff and enjoined the defendants from prohibiting his release.

On April 28, more than a dozen additional Murphy class members filed an amended complaint, adding a Fourteenth Amendment claim that alleged a violation of the Equal Protection Clause. They sought to represent the same class that the original plaintiff had proposed. The plaintiffs filed a second motion for a preliminary injunction preventing the defendants from enforcing the statute and an amended motion to certify the class. The court ordered their release to MSR on May 13, 2020.

Yet another group of plaintiffs filed a second amended complaint on May 26, 2020; their release was ordered on June 3, 2020.

On July 1, 2020, the court granted class certification. On the same day, the plaintiffs moved for summary judgment on all their claims, challenging the constitutionality of the One-Per-Address statute.

In a series of over 50 preliminary injunction orders from April 2020 to August 2022, the court ordered the release of the named plaintiffs.

On March 26, 2021, the summary judgment motion filed on July 1, 2020 was granted with respect to the plaintiffs’ Eighth Amendment claims, and Fourteenth Amendment equal protection claims but was denied with respect to their Fourteenth Amendment substantive due process claim. 

  • Eighth Amendment claim: This claim was upheld because prolonged incarceration is a punishment under the Eighth Amendment, and the court found that the One-Per-Address statute “operates to keep indigent and homeless sex offenders incarcerated beyond their term of imprisonment.”
  • Fourteenth Amendment equal protection claim: This claim was upheld because the court found that IDOC’s application of the One-Per-Address Statute created an “illegal classification based on wealth” and deprived Plaintiffs of their conditional liberty on MSR as a result of their inability to pay.
  • Fourteenth Amendment substantive due process claim: This claim was dismissed based on the court’s reasoning that it created an analytical redundancy to bring a claim under the Fourteenth Amendment when the Eighth Amendment provided an “explicit textual source” of constitutional protection against the governmental behavior at issue.

On August 22, 2022, the civil suit was terminated. The court permanently enjoined the defendant from enforcing the One-Per-Address Statute. The plaintiffs’ motion for fees was granted in part.

The case is now closed.

Summary Authors

Gregory Marsh (7/28/2020)

Chandler Hart-McGonigle (11/29/2020)

Tessa McEvoy (3/12/2021)

Spoorthi Krishnaraj (4/1/2024)

Related Cases

Murphy v. Madigan (Murphy v. Raoul), Northern District of Illinois (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17047143/parties/barnes-v-jeffreys/


Judge(s)

Kendall, Virginia Mary (Illinois)

Attorney for Plaintiff

Nicholas, Adele D. (Illinois)

Attorney for Defendant

Bhave, Sunil Shashikant (Illinois)

Dierkes, Michael T. (Illinois)

Newman, Sarah Hughes (Illinois)

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Documents in the Clearinghouse

Document

1:20-cv-02137

Docket [PACER]

March 11, 2021

March 11, 2021

Docket
1 & 1-1

1:20-cv-02137

Class Action Complaint for Injunctive and Declaratory Relief

April 5, 2020

April 5, 2020

Complaint
3 & 3-1

1:20-cv-02137

Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction

April 5, 2020

April 5, 2020

Pleading / Motion / Brief
5

1:20-cv-02137

Plaintiff's Motion for Class Certification Pursuant to FED. R. CIV. P. 23(B)(2) and for Appointment of Class Counsel Pursuant to FED. R. CIV. P. 23(G)(1)

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
16

1:20-cv-02137

First Amended Class Action Complaint for Injunctive and Declaratory Relief

April 28, 2020

April 28, 2020

Complaint
17 (& 17-1 to 17-10)

1:20-cv-02137

Plaintiffs' Second Motion for a Preliminary Injunction

Galindo v. Jeffreys

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
20, 20-1, & 20-2

1:20-cv-02137

Supplemental Memorandum in Support of Plaintiffs' Second Motion for a Preliminary Injunction

Galindo v. Jeffreys

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
23

1:20-cv-02137

Plaintiffs' Motion for Class Certification Pursuant to Fed. R. Civ. P. 23(B)(2) and for Appointment of Class Counsel Pursuant to Fed. R. Civ. P. 23(G)(1)

Galindo v. Jeffreys

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
22

1:20-cv-02137

Order

Galindo v. Jeffreys

May 13, 2020

May 13, 2020

Order/Opinion
25 (& 25-1 to 25-3)

1:20-cv-02137

Plaintiffs' Third Motion for a Preliminary Injunction

May 26, 2020

May 26, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17047143/barnes-v-jeffreys/

Last updated March 25, 2024, 11:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Marcus Barnes; Filing fee $ 400, receipt number 0752-16912248. (Attachments: # 1 Civil Cover Sheet)(Nicholas, Adele D.) (Entered: 04/05/2020)

1 Civil Cover Sheet

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April 5, 2020

April 5, 2020

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2

ATTORNEY Appearance for Plaintiff Marcus Barnes by Adele D. Nicholas (Nicholas, Adele D.) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
3

MOTION by Plaintiff Marcus Barnes for temporary restraining order and preliminary injunction (Attachments: # 1 Exhibit Declaration of Delshay McDaniel)(Nicholas, Adele D.) (Entered: 04/05/2020)

1 Exhibit Declaration of Delshay McDaniel

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April 5, 2020

April 5, 2020

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4

ATTORNEY Appearance for Plaintiff Marcus Barnes by Mark G. Weinberg (Weinberg, Mark) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
5

MOTION by Plaintiff Marcus Barnes to certify class (Nicholas, Adele D.) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

Clearinghouse

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (axc, )

April 6, 2020

April 6, 2020

PACER
6

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and 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 following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (nsf, ) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
7

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion to reassign case 20 C 2137 to Judge Kendall based on relatedness (Dkt. 165 in 16 C 11471) is granted. Case 20 C 2137 shall be reassigned to Judge Kendall based on relatedness, as both that case and the instant case, 16 C 11471, rely on the same or similar facts and law. Telephonic Status/Motion hearing set 4/8/2020 at 10:45 AM (courtroom 2503). Call in information as as follows: Toll-Free Call-in Number: (877) 848-7030; Conference Access Code: 2413900.Mailed notice (lk, ) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
8

ATTORNEY Appearance for Defendant Rob Jeffreys by Sarah Hughes Newman (Newman, Sarah) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
9

ATTORNEY Appearance for Defendant Rob Jeffreys by Sunil Shashikant Bhave (Bhave, Sunil) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
11

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/8/2020 regarding Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction 3 (Dkt. 154 in 20 C 1792). Plaintiff has completed his sentence and remains detained because of the "One Person Per Address" provision in 730 ILCS 5/3-3-7(a)(7.6). This Court has already held that detaining sex offenders long after their period of incarceration has been completed is unconstitutional. See Murphy v. Raoul, 380 F. Supp. 3rd 781 (N.D. Ill. 2019). Here, Plaintiff has found a place to live that will be supportive of his transfer back into the community. The building is operated by Jordan's Dreams, a nonprofit organization aiding individuals in assimilating back into the community. Another sex offender resides in the building already and therefore Defendants will not permit him to reside there. Plaintiff is clearly suffering a constitutional harm each day he is detained past his release date (which is now nearly a year and a half) and that harm can only be remedied by release. In response to the question about what penological or rehabilitative support the Defendants have for the "one Person One Address" provision, Defendants were unable to give any. The public's interest in only have one sex offender live at one residence is not supported by any testimony, expert opinion, or evidence. Therefore, the Court finds that the statute is unconstitutional as it applies to Plaintiff and Defendants are enjoined from prohibiting his release to the address presented by Plaintiff. To the extent that the COVID-19 situation in the facility plays a factor, it is only minor at this stage because of the speculative nature of the claim that he could be harmed. Yet certainly, being held in a facility where he may be exposed to the virus is not taken lightly, his real harm at this stage is his continued incarceration beyond his release date when he has a suitable location to live.Mailed notice (lk, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

RECAP
10

ATTORNEY Appearance for Defendant Rob Jeffreys by Michael T. Dierkes (Dierkes, Michael) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
12

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Executive Committee on 4/7/2020.(nsf, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
13

WAIVER OF SERVICE returned executed by Marcus Barnes. Rob Jeffreys waiver sent on 4/6/2020, answer due 6/5/2020. (Nicholas, Adele D.) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
14

MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 7/16/2020 at 9:00 a.m. Joint Status Report due by 7/13/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
15

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
16

First AMENDED complaint by Mark Faller, Jonathan Sparks, Paul Hubbard, David Easton, Kenneth Green, Wade Council, John Margarella, Fredrick Chamblis, Kenneth Schroeder, Joshua Atkins, Columbo Galindo, Christopher Shelton, Dana Monson, Andra Sampson, Corey Crowe, Joshua Huddleston against All Defendants (Nicholas, Adele D.) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

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17

MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for preliminary injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Nicholas, Adele D.) (Entered: 04/30/2020)

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April 30, 2020

April 30, 2020

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18

MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for hearing re MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Sh 17 (Motion for Urgent Telephonic Hearing) (Nicholas, Adele D.) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
19

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion for telephonic hearing 18 regarding Motion for Preliminary Injunction 17 is granted. Telephonic Motion hearing set for 5/6/2020 at 11:30 a.m. The courtroom deputy will contact parties with call in information. Please use the Court's toll free call in number 877 848 7030, conference access code is 2413900. Mailed notice (lk, ) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
20

MEMORANDUM by Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks in support of motion for preliminary injunction, 17 (Attachments: # 1 Exhibit, # 2 Exhibit)(Nicholas, Adele D.) (Entered: 05/05/2020)

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May 5, 2020

May 5, 2020

PACER
21

MINUTE entry before the Honorable Virginia M. Kendall. Telephonic Hearing held on 5/6/2020 regarding Plaintiffs' Motion for a Preliminary Injunction 17 . Per the discussion held telephonically and on the record, the parties are directed to file a proposed agreed preliminary injunction order as to the plaintiffs specified in the hearing by 5/13/2020. The Court strikes Plaintiffs' motion to certify class 5 . Plaintiffs shall file a revised motion for class certification on or before 5/13/2020. Response due 5/27/2020. Reply due 6/3/2020. Plaintiffs shall file their dispositive motion on or before 6/19/2020. Response due 7/17/2020. Reply due 7/31/2020. Mailed notice (lk, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
22

ORDER signed by the Honorable Virginia M. Kendall on 5/13/2020. Mailed notice(lk, ) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

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23

MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks to certify class (Amended Motion) (Nicholas, Adele D.) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

Clearinghouse
24

MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for leave to file a Second Amended Complaint and an Amended Motion for Class Certification Instanter (unopposed motion) (Attachments: # 1 Exhibit (Proposed Second Amended Complaint), # 2 Exhibit (Proposed Amended Motion for Class Certification))(Nicholas, Adele D.) (Entered: 05/26/2020)

1 Exhibit (Proposed Second Amended Complaint)

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2 Exhibit (Proposed Amended Motion for Class Certification)

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May 26, 2020

May 26, 2020

PACER
25

MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for preliminary injunction (Emergency Motion) (Attachments: # 1 Exhibit Declaration of Luis Aponte, # 2 Exhibit Declaration of Kevin Manson, # 3 Exhibit Declaration of Otis Williams)(Nicholas, Adele D.) (Entered: 05/26/2020)

1 Exhibit Declaration of Luis Aponte

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3 Exhibit Declaration of Otis Williams

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May 26, 2020

May 26, 2020

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26

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
27

MINUTE entry before the Honorable Virginia M. Kendall. Telephonic Motion hearing set for 6/1/2020 at 9:15 AM regarding Motion for Preliminary Injunction. Call in information as as follows: Toll-Free Call-in Number: (877) 848-7030; Conference Access Code: 2413900. Mailed notice (lk, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
28

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 6/1/2020. Oral argument heard regarding Plaintiffs' Motion for Preliminary Injunction 25 . For the reasons as stated in open Court, Plaintiffs' Motion for Preliminary Injunction 25 is granted and parties shall submit an agreed Proposed Order to the Court by end of day on 6/1/2020. Plaintiffs' Motion for leave for leave to file a Second Amended Complaint and an Amended Motion for Class Certification Instanter 24 is granted. By agreement of parties, briefing schedule as to Motion for Class Certification is as follows: Defendants response to Plaintiffs' amended Motion Certify Class is due by 6/9/2020; Plaintiffs Reply in support of their Motion to Certify due by 6/16/2020. Plaintiffs' Motion for Summary Judgment shall be filed by 7/1/2020; Defendants response to Plaintiffs Motion for Summary Judgment due by 7/29/2020; Plaintiffs reply in support of Motion for Summary Judgment due by 8/12/2020. Mailed notice. (lk, ) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
29

ORDER signed by the Honorable Virginia M. Kendall on 6/3/2020. Mailed notice(lk, ) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

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30

RESPONSE by Defendant Rob Jeffreys to Plaintiffs' Amended Motion for Class Certification (Dkt. 24-2) (Newman, Sarah) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

Clearinghouse
31

ORDER signed by the Honorable Virginia M. Kendall on 7/1/2020. The Court grants Plaintiffs' Amended Motion for Class Certification and for Appointment of Class Counsel 24 . See Order for further details. Mailed notice(lk, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

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32

MOTION by Plaintiffs Joshua Atkins, Paul Hubbard, Fredrick Chamblis, Christopher Shelton, Joshua Huddleston, Marcus Barnes, Corey Crowe, Kenneth Schroeder, David Easton, Kenneth Green, Andra Sampson, John Margarella, Columbo Galindo, Wade Council, Mark Faller, Dana Monson, Jonathan Sparks for summary judgment (Nicholas, Adele D.) (Entered: 07/02/2020)

July 1, 2020

July 1, 2020

Clearinghouse
33

RULE 56 (a) Statement by Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks regarding motion for summary judgment, 32 (Nicholas, Adele D.) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
34

APPENDIX motion for summary judgment, 32, Rule 56 statement, 33 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Nicholas, Adele D.) (Entered: 07/02/2020)

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July 2, 2020

July 2, 2020

PACER
35

MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for leave to file an oversized brief in support of their motion for summary judgment and their L.R. 56.1 statement (unopposed) (Nicholas, Adele D.) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
36

MOTION by Defendant Rob Jeffreys to stay answer to Second Amended Complaint (Unopposed) (Newman, Sarah) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
37

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to file Motion for leave to file an oversized brief in support of their motion for summary judgment and their L.R. 56.1 statement instanter 35 is granted. Defendant's Unopposed Motion to stay answer pending resolution of Motion for Summary Judgment 36 is granted. Mailed notice (lk, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
38

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
39

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 7/16/2020 is stricken. Mailed notice (lk, ) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
40

MOTION by Defendant Rob Jeffreys for extension of time to file response/reply as to motion for summary judgment, 32 (Unopposed) (Newman, Sarah) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
41

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to file response/reply 40 regarding Motion for summary judgment 32 . Response due by 8/12/2020. Reply due by 8/26/2020. Mailed notice (lk, ) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
42

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Attachments: # 1 Exhibit, # 2 Exhibit)(Nicholas, Adele D.) (Entered: 08/05/2020)

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Aug. 5, 2020

Aug. 5, 2020

PACER
43

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing set for 8/7/2020 at 1:00 PM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
44

MINUTE entry before the Honorable Virginia M. Kendall. By request and agreement of Parties, Teleconference Motion hearing set for 8/7/2020 is reset 8/12/2020 at 1:00 PM. Please refer Minute Entry 43 for Teleconference instructions. Mailed notice (lk, ) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
45

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 8/12/2020 at 1:00 PM is reset to begin at 2:30 PM (time change only). Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing.Mailed notice (lk, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
46

MINUTE entry before the Honorable Virginia M. Kendall. By request of Counsel, Motion hearing set for 8/12/2020 at 2:30 PM, is reset for 3:00 PM (time change only). Mailed notice (lk, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
47

MOTION by Plaintiff Marcus Barnes for preliminary injunction Amended Motion (Nicholas, Adele D.) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
48

RESPONSE by Rob Jeffreys to MOTION by Plaintiffs Joshua Atkins, Paul Hubbard, Fredrick Chamblis, Christopher Shelton, Joshua Huddleston, Marcus Barnes, Corey Crowe, Kenneth Schroeder, David Easton, Kenneth Green, Andra Sampson, John Margarella, Columbo Galindo, Wade Council, Mark 32 (Newman, Sarah) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
49

RESPONSE by Defendant Rob Jeffreys to Rule 56 statement, 33 (Newman, Sarah) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
50

RULE 56 L.R. 56.1(b) Statement by Rob Jeffreys regarding motion for summary judgment, 32 (Attachments: # 1 Exhibit 1, Excerpts from the Deposition of Dion Dixon in Murphy v. Raoul, # 2 Exhibit 2, Defendants' Compliance Plan in Murphy v. Raoul, # 3 Exhibit 3, Declaration of Dion Dixon)(Newman, Sarah) (Entered: 08/12/2020)

1 Exhibit 1, Excerpts from the Deposition of Dion Dixon in Murphy v. Raoul

View on PACER

2 Exhibit 2, Defendants' Compliance Plan in Murphy v. Raoul

View on PACER

3 Exhibit 3, Declaration of Dion Dixon

View on PACER

Aug. 12, 2020

Aug. 12, 2020

PACER
51

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 8/12/2020. Oral argument heard regarding Plaintiff's Amended Motion for Preliminary Injunction 47 . Plaintiff's Amended Motion for Preliminary Injunction 47 is granted. Order to follow. Mailed notice (lk, ) (Entered: 08/14/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
52

ORDER on Plaintiff's Fourth Motion for a Preliminary Injunction signed by the Honorable Virginia M. Kendall on 8/13/2020. Mailed notice(lk, ) (Entered: 08/14/2020)

Aug. 13, 2020

Aug. 13, 2020

Clearinghouse
53

REPLY by Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks to Response 49 reply in support of plaintiffs' motion for summary judgment (Nicholas, Adele D.) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
54

RULE 56 (a)(3) Statement by Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks regarding motion for summary judgment, 32 response to Defendant's Statement of Additional Material Facts (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Nicholas, Adele D.) (Entered: 08/26/2020)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

Aug. 26, 2020

Aug. 26, 2020

PACER
55

MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for leave to file (Nicholas, Adele D.) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
56

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Unopposed Motion for leave to file excess pages in support of Reply Brief Instanter 55 is granted. Mailed notice (lk, ) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
57

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Nicholas, Adele D.) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
58

MINUTE entry before the Honorable Virginia M. Kendall. By agreement of Parties, Motion hearing set for 9/10/2020 at 2:00 PM which will proceed via Teleconference. Set deadlines/hearing as to motion for preliminary injunction 57 : Motion Hearing set for 9/10/2020 at 02:00 PM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing.Mailed notice (lk, ) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
59

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 9/10/2020. Oral argument heard regarding Plaintiff's Fifth Motion for Preliminary Injunction 57 . Plaintiff's Fifth Motion for Preliminary Injunction 57 is granted. Order to follow. Mailed notice (lk, ) (Entered: 09/11/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
60

ORDER on Plaintiff's Fifth Motion for Preliminary Injunction signed by the Honorable Virginia M. Kendall on 9/11/2020. Mailed notice(lk, ) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
61

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Sixth Motion for a Preliminary Injunction) (Nicholas, Adele D.) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
62

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing set for 10/2/2020 at 2:00 PM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
63

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 10/2/2020. Oral argument heard regarding Plaintiff's Sixth Motion for Preliminary Injunction 61 . Plaintiff's Sixth Motion for Preliminary Injunction 61 is granted. Parties are to provide the Court with a Proposed Order for review. Mailed notice (lk, ) (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
64

ORDER on Plaintiff's Sixth Motion for Preliminary Injunction signed by the Honorable Virginia M. Kendall on 10/6/2020. Mailed notice(lk, ) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
65

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Nicholas, Adele D.) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
66

MINUTE entry before the Honorable Virginia M. Kendall. By agreement of Parties, Teleconference Motion hearing set for 11/10/2020 at 12:30 PM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
67

MOTION by Plaintiff Marcus Barnes to supplement to Seventh Motion for a Preliminary Injunction (Nicholas, Adele D.) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
68

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 11/10/2020. Oral argument heard regarding Plaintiff's Seventh Motions for Preliminary Injunction 65 and 67 . Plaintiff's Sevventh Motion for Preliminary Injunction 65 and 67 are granted. Parties are to provide the Court with a Proposed Order for review. Mailed notice (lk, ) (Entered: 11/12/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
69

ORDER on Plaintiffs' Seventh Motion for a Preliminary Injunction signed by the Honorable Virginia M. Kendall on 11/12/2020. Mailed notice(lk, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
70

MOTION by Plaintiff Marcus Barnes for preliminary injunction Eighth Motion for Preliminary Injunctive Relief (Nicholas, Adele D.) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
71

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing set for 12/14/2020 at 10:15 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
72

MOTION by Plaintiff Marcus Barnes to supplement their eighth preliminary injunction motion (unopposed) (Nicholas, Adele D.) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
73

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 12/14/2020. Oral argument heard regarding Plaintiff's Eighth Motions for Preliminary Injunction 70 and 72 . Plaintiff's Eighth Motions for Preliminary Injunction 70 and 72 are granted. Parties are to provide the Court with a Proposed Order for review. Mailed notice (lk, ) (Entered: 12/15/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
74

ORDER on Plaintiffs' Eighth Motion for a Preliminary Injunction signed by the Honorable Virginia M. Kendall on 12/16/2020. Mailed notice(lk, ) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
75

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Nicholas, Adele D.) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
76

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion Hearing set for 1/21/2021 at 10:30 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
77

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 1/21/2010. Oral argument heard regarding Plaintiff's Ninth Motion for Preliminary Injunction 75 . Plaintiff's Ninth Motion for Preliminary Injunction 75 is granted. Parties are to provide the Court with a Proposed Order for review. Mailed notice (lk, ) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
78

ORDER on Plaintiffs' Ninth Motion for Preliminary Injunction 75 signed by the Honorable Virginia M. Kendall on 1/21/2021. Mailed notice(lk, ) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
79

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Nicholas, Adele D.) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
80

MINUTE entry before the Honorable Virginia M. Kendall. By agreement of Parties, Teleconference Motion hearing set for 2/23/2021 at 10:30 AM regarding Motion for Preliminary Injunction 79 . Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 02/21/2021)

Feb. 21, 2021

Feb. 21, 2021

PACER
81

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 2/23/2021. Oral argument heard regarding Plaintiff's Tenth Motion for Preliminary Injunction 79 . Plaintiff's Tenth Motion for Preliminary Injunction 79 is granted. Parties are to provide the Court with a Proposed Order for review. Mailed notice (lk, ) (Entered: 02/24/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
82

ORDER On Plaintiff's Tenth Motion for Preliminary Injunction Motion signed by the Honorable Virginia M. Kendall on 2/24/2021. Mailed notice(lk, ) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
83

MOTION by Plaintiff Marcus Barnes to amend/correct order 82 Unopposed Motion for an Amended Order (Attachments: # 1 Text of Proposed Order Proposed Amended Order)(Nicholas, Adele D.) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

PACER
84

AMENDED Order on Plaintiffs' Tenth Motion for a Preliminary Injunction signed by the Honorable Virginia M. Kendall on 2/26/2021. Mailed notice(lk, ) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
85

MOTION by Plaintiff Marcus Barnes for preliminary injunction unopposed motion for emergency injunctive relief (Attachments: # 1 Text of Proposed Order)(Nicholas, Adele D.) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
86

ORDER on Plaintiffs' Motion for Preliminary Injunctive Relief for Class Member Cayce Williams signed by the Honorable Virginia M. Kendall on 3/2/2021. Mailed notice(lk, ) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
87

MOTION by Plaintiff Marcus Barnes for preliminary injunction unopposed emergency motion for preliminary injunctive relief for class members Andra Sampson and Jerrand Miller (Attachments: # 1 Proposed Order)(Nicholas, Adele D.) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
95

MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/26/2021. Plaintiffs' Motion for Summary Judgment 32 is granted with respect to their Eighth Amendment (Count I) and Fourteenth Amendment equal protection claims (Count II) but is denied with respect to their substantive due process claim. Although the Court today decides liability, it reserves ruling on the proper remedy to afford the plaintiffs. A status hearing will follow to discuss the need for a remedial hearing to determine the scope of equitable relief. See Opinion for further details. Mailed notice(lk, ) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

RECAP
96

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing set for 4/12/2021 at 9:15 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
97

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Nicholas, Adele D.) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
98

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 4/5/2021 at 11:00 AM regarding Motion for Preliminary Injunction 97 which will proceed via Video Conference. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 1-650-479-3207 and the call-in Access Code is 180 698 4009. Any party calling in is reminded to please mute their phones/devices. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Mailed notice (lk, ) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
99

MOTION by Plaintiff Marcus Barnes to supplement Plaintiffs' Thirteenth Motion for Injunctive Relief (Nicholas, Adele D.) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
100

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 4/5/2021. Oral argument heard regarding Plaintiff's Thirteenth Motion for Preliminary Injunction 97 . Plaintiff's Thirteenth Motion for Preliminary Injunction 98 is granted. Parties are to provide the Court with a Proposed Order for review. Plaintiff's Motion to Supplement Thirteenth Motion for Preliminary injunction 97 is entered and continued for when Plaintiffs become members of the class. Mailed notice (lk, ) (Entered: 04/08/2021)

April 5, 2021

April 5, 2021

PACER
101

ORDER On Plaintiff's Thirteenth Motion for a Preliminary Injunction signed by the Honorable Virginia M. Kendall on 4/7/2021. Mailed notice(lk, ) (Entered: 04/08/2021)

April 7, 2021

April 7, 2021

PACER
102

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 4/12/2021 is stricken. Mailed notice (lk, ) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
103

MOTION by Plaintiff Marcus Barnes for permanent injunction (Attachments: # 1 Text of Proposed Order)(Nicholas, Adele D.) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
104

MINUTE entry before the Honorable Virginia M. Kendall. By request of Parties, briefing schedule set as to Plaintiff's Motion for Permanent Injunction 103 . Response due by 4/28/2021. Teleconference Status hearing set for 5/6/2021 at 9:45 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
105

MOTION by Plaintiff Marcus Barnes for preliminary injunction (Fourteenth Motion) (Nicholas, Adele D.) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
106

MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing set for 4/29/2021 at 10:15 AM regarding Fourteenth Motion for Preliminary Injunction 105 . Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

People held in Illinois prisons past the completion of their prison sentence because they are unable to find qualifying housing for Mandatory Supervised Release. The certified class is: “All individuals who have been convicted of sex offenses and completed their court-imposed sentence of incarceration who cannot find housing that complies with 730 ILCS 5/3-3-7(a)(7.6) at which to reside while on Mandatory Supervised Release.”

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

State Statute Struck Down

Amount Defendant Pays: $366,890

Order Duration: 2022 - None

Issues

General/Misc.:

Discharge & termination plans

Over/Unlawful Detention

Poverty/homelessness

Sex offender regulation

COVID-19:

Mitigation Granted

Mitigation Requested

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested