Case: David B. v. McDonald

1:79-cv-01662 | U.S. District Court for the Northern District of Illinois

Filed Date: April 25, 1979

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On April 25, 1979, a class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois, on behalf of a class of children in Cook County, Illinois, who were either wards of the juvenile court or had petitions for wardship pending, and had emotional, physical, or mental disabilities. The plaintiffs represented by the Cook County Public Guardian alleged that the Illinois Department of Children and Family Services (DCSF), the Illinois Department of Mental Health and D…

On April 25, 1979, a class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois, on behalf of a class of children in Cook County, Illinois, who were either wards of the juvenile court or had petitions for wardship pending, and had emotional, physical, or mental disabilities. The plaintiffs represented by the Cook County Public Guardian alleged that the Illinois Department of Children and Family Services (DCSF), the Illinois Department of Mental Health and Developmental Disabilities (DMHDD), and the State Board of Education (SBE) refused to provide them with necessary services because of their disabilities, in violation of their equal protection rights under 29 U.S.C. § 794 (the Rehabilitation Act of 1973). In late 1981, the case was settled by consent decree. The three Illinois agencies promised to provide appropriate services to children 17 or under who were in need of special services. In 1995 the Illinois legislature enacted a law curtailing the DCSF's authority to provide services to children over 13 who had been adjudicated delinquent, but not abused or neglected and were not dependent on the state. The DCSF asked the court to modify the consent decree so that it would be relieved of any duty to care for delinquents over the age of 13. On September 27, 1996, the court (Chief Judge Marvin Aspen) denied DCSF's motion to vacate or modify, reasoning that DCSF had not demonstrated that that the plaintiff's claim--that they had been discriminated against because of the severity of their disabilities--falls outside the Rehabilitation Act. David B. v. Patla, 950 F.Supp. 841 (N.D. Ill. 1996). The District Court also found that state law did not prohibit the agency from providing services to delinquent minors, but only prohibited these minors from being taken into custody by DCSF or committed to DCSF by a Juvenile Court.The plaintiffs appealed and on June 16, 1997, the Seventh Circuit Court of Appeals (Judge Frank Easterbrook), vacated the judgment and remanded the case. David B. v. McDonald, 116 F.3d 1146 (7th Cir. 1997). The Court of Appeals instructed the District Court to determine whether a substantial federal claim supported the decree as a whole, and if not, to lift the decree.

On December 2, 1997, the District Court for the Northern District of Illinois vacated the consent decree. The plaintiffs appealed claiming that the consent decree was substantially based on federal law. On March 12, 1998, the court (Judge Aspen) in an unpublished opinion, found that the Rehabilitation Act did not support the plaintiff's claim, but that the substantive Due Process claim could support at least some of the plaintiffs' claims. David B. v. McDonald, No. 98-1796, 1998 WL 111705 (N.D. Ill. March 12, 1998). The court ordered that the decree be modified to permit Illinois to reallocate tasks among its agencies and to reduce the services to persons adjudicated delinquents, and that the decree only applied to minors who had been declared wards of the state, whose guardians are state agencies, or who are in the physical custody of the state.

On September 28, 1998, the Seventh Circuit Court of Appeals (Judge Easterbrook), found that the plaintiffs' new theory of the case under the 14th Amendment required that the defendants be the juveniles' custodians, because only custody created the corresponding duty to assume some responsibility for the ward's safety and well being. David B. v. McDonald, 156 F.3d 780 (7th Cir. 1998). The court also found that the real party in interest was the state itself, and therefore the 11th Amendment deprives the District Court of jurisdiction. The case was remanded with instructions to set aside the consent decree and dismiss the case for lack of subject matter jurisdiction. The Supreme Court denied certiorari on January 12, 1998. David B. v. McDonald, 522 U.S. 1048 (1998).

Summary Authors

Jaclyn Adams (2/24/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10198072/parties/david-v-devito/


Judge(s)

Aspen, Marvin E. (Illinois)

Crowley, John Powers (Illinois)

Easterbrook, Frank Hoover (Illinois)

Lorenz, Francis S. (Illinois)

Wilson, William (Illinois)

Attorneys(s) for Plaintiff

Ford, Derrick M. (Illinois)

Fritsch, Ron (Illinois)

Grippando, Thomas J. (Illinois)

Murphy, Patrick Thomas (Illinois)

Attorneys(s) for Defendant

Amir-Mokri, Cyrus (Illinois)

Judge(s)

Aspen, Marvin E. (Illinois)

Crowley, John Powers (Illinois)

Easterbrook, Frank Hoover (Illinois)

Lorenz, Francis S. (Illinois)

Wilson, William (Illinois)

Attorneys(s) for Plaintiff

Ford, Derrick M. (Illinois)

Fritsch, Ron (Illinois)

Grippando, Thomas J. (Illinois)

Murphy, Patrick Thomas (Illinois)

Attorneys(s) for Defendant

Amir-Mokri, Cyrus (Illinois)

Eisenhouer, Nancy S. (Illinois)

Flahaven, Kathleen K. (Illinois)

Goldgar, A. Benjamin (Illinois)

Greenspan, Barbara Lynn (Illinois)

Grischke, Alan E. (Illinois)

Hall-Walker, Nancy K. (Illinois)

Scott, William J. (Illinois)

Steimel, Danielle J. (Illinois)

Sullivan, Thomas P. (Illinois)

Tchen, Christina M. (Illinois)

Wood, Cynthia J. (Illinois)

Other Attorney(s)

Bremer, Christine A. (Illinois)

Clark, Matthew Scott (Illinois)

Goodman, Karen R. (Illinois)

Murdon, Maureen D. (Illinois)

Pavkovic, Ivan (Illinois)

Whitfield, Wenona Y. (Illinois)

Expert/Monitor/Master

Collins, William C. (Washington)

Documents in the Clearinghouse

Document

1:79-cv-01662

Docket (PACER)

David B. v. DeVito

Nov. 6, 1998

Nov. 6, 1998

Docket

79-975

Opinion

David B. v. DeVito

Illinois state appellate court

408 N.E.2d 275

July 11, 1980

July 11, 1980

Order/Opinion

1:79-cv-01662

Opinion

David B. v. DeVito

1980 U.S.Dist.LEXIS 14235

Sept. 4, 1980

Sept. 4, 1980

Order/Opinion
1

1:79-cv-01662

Memorandum Opinion and Order

David B. v. Patla

950 F.Supp. 841

Sept. 27, 1996

Sept. 27, 1996

Order/Opinion

96-03729

Opinion

U. S. Court of Appeals for the Seventh Circuit

116 F.3d 1146

Aug. 5, 1997

Aug. 5, 1997

Order/Opinion
9

1:79-cv-01662

Opinion

1997 WL 766878, 1997 U.S.Dist.LEXIS 19529

Dec. 3, 1997

Dec. 3, 1997

Order/Opinion

97-00733

Memorandum Decision

Supreme Court of the United States

522 U.S. 1048, 118 S.Ct. 692, 139 L.Ed.2d 638

Jan. 12, 1998

Jan. 12, 1998

Order/Opinion
24

1:79-cv-01662

Memorandum Opinion and Order

1998 WL 111705, 1998 U.S.Dist.LEXIS 2982

March 12, 1998

March 12, 1998

Order/Opinion

98-01796

Opinion

U. S. Court of Appeals for the Seventh Circuit

156 F.3d 780

Sept. 28, 1998

Sept. 28, 1998

Order/Opinion

98-01016

Memorandum Decision

Supreme Court of the United States

525 U.S. 1145, 119 S.Ct. 1039, 143 L.Ed.2d 47

Feb. 22, 1999

Feb. 22, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10198072/david-v-devito/

Last updated Aug. 10, 2022, 12:32 p.m.

ECF Number Description Date Link Date / Link

MINUTE ORDER of 8/29/96 by Hon. Marvin E. Aspen : Status hearing reset to 10:00 9/24/96. Mailed notice (rmm) Modified on 09/03/1996

Aug. 29, 1996

Aug. 29, 1996

PACER

LETTER from John M. Collins, Jr. to Judge Aspen dated 9/10/96 (rmm)

Sept. 17, 1996

Sept. 17, 1996

PACER

MINUTE ORDER of 9/17/96 by Hon. Marvin E. Aspen : John M. Collins, Jr., is hereby withdrawn as counsel in the above cause of action. Cynthia J. Wood, Assistant Attorney General, 100 W. Randolph, 13th floor, Chicago, Il. 60601, is substituted as counsel for defendants. withdrawing attorney attorney John Michael Collins Jr. for Svc List No Notice (rmm)

Sept. 17, 1996

Sept. 17, 1996

PACER

SCHEDULE set on 9/23/96 by Hon. Marvin E. Aspen : Status hearing reset to 10:00 10/4/96. Telephoned notice (gl)

Sept. 23, 1996

Sept. 23, 1996

PACER

MEMORANDUM, OPINION, AND ORDER (rmm) Modified on 09/15/1997

Sept. 27, 1996

Sept. 27, 1996

PACER

REFERRAL ORDER of 10/17/96: Referring to Hon. Joan H. Lefkow from Hon. marvin E. Aspen pursuant to local general rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Perform such additional duties are not not inconsistent with the constitution and laws of the United States, as specicifially set forth: Plaintiffs' motion for attorney fees pursuant to Rule 54(d) of the federal rules of civil procedure [0-1]. Mailed notice (rmm)

Oct. 12, 1996

Oct. 12, 1996

PACER

MOTION by plaintiffs for attorney fees pursuant to Rule 54(d) of the federal rules of civil procedure ; Notice of motion; Notice of filing (rmm)

Oct. 18, 1996

Oct. 18, 1996

PACER

MINUTE ORDER of 10/18/96 by Hon. Marvin E. Aspen : Plaintiffs' motion for attorneys pursuant to Rule 54(d) of the federal rules of civil procedure and an order (1) deferring a ruling on the motion pending CFS's appeal to the Seventh Circuit and (12) holding in abeyance the process for exchange of information and elimination of undisptued issues under local fee rules referred to a magistrate judge of this court. Mailed notice (rmm)

Oct. 18, 1996

Oct. 18, 1996

PACER

NOTICE OF APPEAL by defendant Jess McDonald from Scheduling order The status hearing set for 10/4/96 is stricken. [1-1], from Scheduling order terminating case [1-2], from motion minute order [1-3], from order [0-1] ( $105.00 Paid) (fce)

Oct. 28, 1996

Oct. 28, 1996

PACER

LETTER regarding docketing statement acknowledged by defendant Jess McDonald . (fce)

Oct. 28, 1996

Oct. 28, 1996

PACER

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce)

Oct. 29, 1996

Oct. 29, 1996

PACER

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 96-3729 (Attachments) (rmm)

Nov. 1, 1996

Nov. 1, 1996

PACER

MINUTE ORDER of 11/18/96 by Hon. Joan H. Lefkow : Hearing and ruling on plaintiffs' motion for attorney fees pursuant to Rule 54(d) of the federal rules of civil procedure [0-1] is set for 12/2/96 at 10:00 a.m. Mailed notice (rmm)

Nov. 18, 1996

Nov. 18, 1996

PACER

MOTION by defendant Jess McDonald for substitution of counsel Barbara L. Greenspan, Danielle J. Steimel and Nancy K. Hall-Walker for Christina M. Techen, Nancy S. Eisenhauer, and Cyrus Amir-Mokri ; Notice of motion (rmm)

Dec. 2, 1996

Dec. 2, 1996

PACER

MINUTE ORDER of 12/2/96 by Hon. Joan H. Lefkow : Status hearing held. Stay further actions under General Rule 46 and 47 pending disposition of appeal. No notice (rmm) Modified on 12/03/1996

Dec. 2, 1996

Dec. 2, 1996

PACER

MINUTE ORDER of 12/3/96 by Hon. Marvin E. Aspen : Granting defendant Jess McDonald's motion for substitution of counsel [0-1]. The appearances of Ms. Tchen, Nancy S. Eisenhouer, and Cyrus Amir-Mokri of Skadden, Arps, slate, Meagher & Flom are hereby withdrawn as coynsel for defendant Jess McDonald. Barbars I. Greenspan, Danielle J. Steimel, and Nancy K. Hall-Walker, Assistant Attorney Generals, are granted leave to file their appearance on behalf of defendant. Mailed notice (rmm)

Dec. 3, 1996

Dec. 3, 1996

PACER

TRANSMITTED to the 7th Circuit the long record on appeal no. 96-3729 consisting of letter, certificate and one volume of pleadings. Mailed notice to all counsel. (fce)

Jan. 9, 1997

Jan. 9, 1997

PACER

LETTER from defendant Jess McDonald to appeal's section dated 1/27/97 (rmm)

Jan. 27, 1997

Jan. 27, 1997

PACER

LETTER from defendant Jess McDonald to appeal's section dated 1/27/97 (Attachments) (rmm)

Jan. 27, 1997

Jan. 27, 1997

PACER

TRANSMITTED to the 7th Circuit supplement to appeal no. 96-3729 consisting of one volume of pleadings and supplemental certificate. Mailed notice to all counsel. (fce)

Jan. 28, 1997

Jan. 28, 1997

PACER

CERTIFIED COPY of order from the 7th Circuit: appeal denied [0-1] . ( 96-3729) (mak)

Aug. 6, 1997

Aug. 6, 1997

PACER

LETTER from the 7th Circuit returning the record on appeal no. 96-3729 consisting of (mak)

Aug. 13, 1997

Aug. 13, 1997

PACER

OPINION from the 7th Circuit: Argued 05/13/97; Decided 06/16/97. ( 96-3729) (mak)

Aug. 13, 1997

Aug. 13, 1997

PACER

CERTIFIED COPY of order from the 7th Circuit: Reversing and remanding the Decision of the District Court [Appeal [0-1] . ( 96-3729) (mak)

Aug. 13, 1997

Aug. 13, 1997

PACER

CERTIFIED copy of Order from the 7th Circuit. ( 96-3729) (mak)

Aug. 13, 1997

Aug. 13, 1997

PACER

MINUTE ORDER of 8/20/97 by Hon. Marvin E. Aspen : Status hearing set to 10:00 a.m. 11/7/97. The parties shall brief the two issues presented in the Seventh Circuit's Opinion: 1) whether a case or controversy existed when the Decree was entered; 2) whether a substantial federal claim supports the Decree as a whole. Plaintiff's brief on these issues shall be submitted no later than 09/12/97. Defendants to respond on or before 09/26/97. Plaintiff shall reply by 10/03/97. Mailed notice (mak)

Aug. 20, 1997

Aug. 20, 1997

PACER

MOTION by plaintiffs for leave to address additional issue raised in Seventh Citcuit's opinion and for leave to file memorandum of law in excess of 15 pages ; Notice of motion; Notice of filing (mak)

Sept. 5, 1997

Sept. 5, 1997

PACER

MINUTE ORDER of 9/9/97 by Hon. Marvin E. Aspen : Plaintiffs' motion for leave to address additional issue raised in Seventh Circuit's opinion [0-1] and motion leave to file memorandum of law in excess of 15 pages granted [0-2]. No notice (mak)

Sept. 9, 1997

Sept. 9, 1997

PACER
1

ATTORNEY APPEARANCE by Kathleen Kreisel Falhaven for Howard A. Peters III, Secretary fo the Illinois department of Human Services and Joseph A. Spagnolo, Superintendent of State Board of Education. (mak) (Entered: 09/10/1997)

Sept. 9, 1997

Sept. 9, 1997

Clearinghouse
2

MEMORANDUM responding to the court's August 20, 1997 order by plaintiffs (fce) (Entered: 09/17/1997)

Sept. 12, 1997

Sept. 12, 1997

PACER
3

MEMORANDUM of law by defendants Howard A Peters and Joseph Spagnolo pursuant to the court's order of 8/20/97; Notice of filing (yap) (Entered: 09/30/1997)

Sept. 26, 1997

Sept. 26, 1997

PACER
4

MEMORANDUM of law by defendant Jess McDonald pursuant to the court's order of 8/20/97; Notice of filing (yap) (Entered: 09/30/1997)

Sept. 26, 1997

Sept. 26, 1997

PACER
5

MINUTE ORDER of 9/29/97 by Hon. Joan H. Lefkow : Plaintiffs' motion for attorney fees pursuant to Rule 54(d) of the federal rules of civil procedure denied [0-1]. In light of the Seventh Circuit Opinion vacating judgment and remanding this case for further consideration plaintiffs are no longer the prevailing parties in this litigation. Mailed notice (mak) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

PACER
6

REPLY memorandum by plaintiffs responding to the Court's 8/20/97 order; Notice of filing (meg) Modified on 10/06/1997 (Entered: 10/06/1997)

Oct. 3, 1997

Oct. 3, 1997

PACER
7

RULE 72 OBJECTIONS by plaintiffs to Magistrate Judge's denial of plaintiffs' motion for attorney fees [5-1] (mak) (Entered: 10/17/1997)

Oct. 10, 1997

Oct. 10, 1997

PACER
8

RESPONSE by defendant Jess McDonald to plaintiffs' Rule 72 objections to the Magistrate Judge's denial of plaintiffs' motion for attorney fees; Notice of filing. (mak) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

PACER

SCHEDULE set on 11/4/97 by Hon. Marvin E. Aspen : Status hearing set for 11/7/97 is reset to 10:00 11/21/97. Mailed notice (gl)

Nov. 4, 1997

Nov. 4, 1997

PACER

SCHEDULE set on 11/20/97 by Hon. Marvin E. Aspen : Status hearing set for 11/21/97 is reset to 10:00 12/9/97. Mailed notice (gl)

Nov. 20, 1997

Nov. 20, 1997

PACER
9

MEMORANDUM, OPINION, AND ORDER (jmp) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

Clearinghouse
10

MINUTE ORDER of 12/2/97 by Hon. Marvin E. Aspen : Enter memorandum opinion and order: Defendants' motion to vacate the consent decree is granted. The status hearing set for 12/09/97 is stricken. terminating case Mailed notice (jmp) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

PACER
11

ENTERED JUDGMENT (jmp) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

PACER
12

RULE 59(e) MOTION by plaintiff for reconsideration and vacation of this court's 12/02/97, order vacating the 10/02/81, consent decree and for rehearing of the defendants' motion to modify or vacate the consent decree ; Notice of filing (Temporarily unavailable for docketing.) (jmp) (Entered: 12/31/1997)

Dec. 16, 1997

Dec. 16, 1997

PACER
14

NOTICE of Rule 59(e) motion by plaintiff regarding motion for reconsideration [12-1] and vacation of this court's 12/02/97, order vacating the 10/02/81, consent decree and for rehearing of the defendants' motion to modify or vacate the consent decree [12-2] (Temporarily unavailable for docketing.) (jmp) (Entered: 12/31/1997)

Dec. 16, 1997

Dec. 16, 1997

PACER
15

MOTION by plaintiff to supplement their Rule 59(e) motion for reconsideration and vacation of this court's 12/02/97, order ; Notice of motion; Notice of filing (Temporarily unavailable for docketing.) (jmp) (Entered: 12/31/1997)

Dec. 23, 1997

Dec. 23, 1997

PACER
13

MINUTE ORDER of 12/30/97 by Hon. Marvin E. Aspen : Answer brief to Rule 59(e) motion for reconsideration [12-1] and vacation of this court's 12/02/97, order vacating the 10/02/81, consent decree and for rehearing of the defendants' motion to modify or vacate the consent decree [12-2] 01/07/98. Reply to answer brief due 01/12/98. Telephoned notice (jmp) (Entered: 12/31/1997)

Dec. 30, 1997

Dec. 30, 1997

PACER
16

MINUTE ORDER of 12/30/97 by Hon. Marvin E. Aspen : Motion to supplement their Rule 59(e) motion for reconsideration and vacation of this court's 12/02/97, order is granted [15-1]. Telephoned notice (jmp) (Entered: 12/31/1997)

Dec. 30, 1997

Dec. 30, 1997

PACER
17

MEMORANDUM OF LAW by defendant in opposition to plaintiffs' motion for reconsideration [12-1] (Exhibit); Notice of filing (jmp) Modified on 04/09/1998 (Entered: 01/08/1998)

Jan. 7, 1998

Jan. 7, 1998

PACER
18

REPLY by defendants' to defendants' memorandum of law in opposition to plaintiffs' motion for reconsideration [12-1] and vacation of this court's 12/02/97, order vacating the 10/02/81, consent decree and for rehearing of the defendants' motion to modify or vacate the consent decree [12-2] ; Notice of filing (jmp) (Entered: 01/13/1998)

Jan. 12, 1998

Jan. 12, 1998

PACER
20

MOTION by defendants' for leave to file surreply in opposition to plaintiffs' motion for reconsideration (Exhibits); (Temporarily unavailable for docketing.) (jmp) (Entered: 02/09/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
21

NOTICE of presentment by defendant regarding motion for leave to file surreply in opposition to plaintiffs' motion for reconsideration [20-1] (jmp) (Entered: 02/09/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
19

RESPONSE by plaintiffs' to defendants' motion for leave to file surreply in opposition to plaintiffs' motion for reconsideration; Notice of filing (jmp) (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

PACER
22

AMENDED NOTICE of presentment by defendants' regarding motion for leave to file surreply in opposition to plaintiffs' motion for reconsideration [20-1] (jmp) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
23

MINUTE ORDER of 2/6/98 by Hon. Marvin E. Aspen : Defendants' motion for leave to file surreply in opposition to plaintiffs' motion for reconsideration granted [20-1]. Mailed notice (jmp) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
24

MEMORANDUM, OPINION, AND ORDER (jmp) (Entered: 03/12/1998)

March 10, 1998

March 10, 1998

Clearinghouse
25

MINUTE ORDER of 3/10/98 by Hon. Marvin E. Aspen : Enter memorandum opinion and order: Plaintiffs' motion for reconsideration [12-1] and vacation of this court's 12/02/97, order vacating the 10/02/81, consent decree and for rehearing of the defendants' motion to or vacate the consent decree is granted [12-2]. The Consent Decree entered into by the parties on 10/02/81, shall remain in effect, with modifications as indicated in this opinion. Mailed notice (jmp) (Entered: 03/12/1998)

March 10, 1998

March 10, 1998

PACER
26

NOTICE OF APPEAL by defendants from motion minute order [25-1], from order [24-1] ( $105.00 Paid) (fce) Modified on 03/27/1998 (Entered: 03/27/1998)

March 25, 1998

March 25, 1998

PACER
27

DOCKETING STATEMENT by defendants regarding appeal [26-1] . (fce) (Entered: 03/27/1998)

March 25, 1998

March 25, 1998

PACER

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce)

March 27, 1998

March 27, 1998

PACER
28

MOTION by defendant to stay pending appeal (Exhibits); Notice of presentment (jmp) (Entered: 03/31/1998)

March 30, 1998

March 30, 1998

PACER
29

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 98-1796 (Attachment) (jmp) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

PACER
30

DESIGNATION by defendants Jess McDonald, HHS, Joseph Cronin, Richard S Laymon, Robert DeVito of appeal record no. 98-1796; (Attachments). (fce) (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

PACER
31

SEVENTH CIRCUIT transcript information sheet by plaintiff (jmp) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

PACER
32

RESPONSE by plaintiffs' to defendants' motion for stay pending appeal [28-1] (jmp) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
33

REPLY MEMORANDUM by defendants' in support of their motion for stay pending appeal [28-1]; Notice of filing (jmp) (Entered: 04/20/1998)

April 17, 1998

April 17, 1998

PACER
34

MINUTE ORDER of 4/22/98 by Hon. Marvin E. Aspen : Defendants' motion to stay pending appeal is denied [28-1]. The defendants shall continue to provide the services required by the consent decree until the Seventh Circuit indicates otherwise. (See reverse of minute order.) Mailed notice (jmp) (Entered: 04/28/1998)

April 22, 1998

April 22, 1998

PACER
35

AGREED MOTION by defendant to supplement the record on appeal ; Notice of motion (jmp) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

PACER
36

MINUTE ORDER of 5/26/98 by Hon. Marvin E. Aspen : Motion to supplement the record on appeal is granted [35-1]. The Clerk of the Court is directed to supplement and transmit to the U. S. Court of Appeals for the Seventh Circuit, the December 2, 1997 Meorandum Opinion and Order. Mailed notice (jmp) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

PACER
37

LETTER from the 7th Circuit returning the record on appeal no. 98-1796 consisting of three (3) volumes of pleadingd (jmp) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

PACER
38

OPINION from the 7th Circuit: Argued 9/10/98; Decided 9/28/98. ( 98-1796) (jmp) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

PACER
39

CERTIFIED COPY of order from the 7th Circuit: The judgment of the District court is vacated, and the case is Remanded back to District Court with instructions to set aside the consent decree and dismiss the proceeding for lack of subject-matter jurisdiction. The above is in accordance with the decision of this court entered on 09/28/98. appellants to recoveer their costs. [Appeal [26-1]. (98-1796) (jmp) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

PACER
41

MOTION by defendants' for entry of order in accordance with mandate of the United States Court of Appeals ; Notice of motion (jmp) (Entered: 11/06/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER
40

RESPONSE by plaintiff to defendants' motion for an order in accordance with the Seventh Circuit's mandate; Notice of filing (jmp) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
42

MINUTE ORDER of 11/6/98 by Hon. Marvin E. Aspen : Motion for entry of order in accordance with mandate of the United States Court of Appeals is granted [41-1]. Pursuant to the Mandate issued by the U. S. Court of Appeals for the Seventh Circuit on 10/22/98, the consent decree is set aside and this action is dismissed for lack of subject matter jurisdiction. terminating case Mailed notice (jmp) (Entered: 11/06/1998)

Nov. 6, 1998

Nov. 6, 1998

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 25, 1979

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of children in Cook County, Illinois, who were either wards of the juvenile court or had petitions for wardship pending, and had emotional, physical, or mental disabilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Mental Health and Developmental Disabilities (Chicago, Cook), State

Illinois State Board of Education (Chicago, Cook), State

Illinois Department of Children and Family Services (Chicago, Cook), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1981 - 1997

Content of Injunction:

Recordkeeping

Reporting

Issues

General:

Aggressive behavior

Assault/abuse by residents/inmates/students

Classification / placement

Deinstitutionalization/decarceration

Family abuse and neglect

Family reunification

Juveniles

Placement in detention facilities

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified