Case: Bennett v. Dart

1:18-cv-04268 | U.S. District Court for the Northern District of Illinois

Filed Date: June 20, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case alleging a lack of fixtures in Cook County Jail (CCJ) needed for safe use of the facilities by individuals with mobility disorders, in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act.  On June 20, 2018, a disabled individual incarcerated at CCJ in Chicago filed suit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County and its Sheriff under the ADA and the Rehabilitation Act. Represented by private couns…

This is a case alleging a lack of fixtures in Cook County Jail (CCJ) needed for safe use of the facilities by individuals with mobility disorders, in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. 

On June 20, 2018, a disabled individual incarcerated at CCJ in Chicago filed suit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued Cook County and its Sheriff under the ADA and the Rehabilitation Act. Represented by private counsel, the plaintiff sought compensatory damages and injunctive relief, claiming that the defendants had violated the ADA and Rehabilitation Act by not providing proper accommodations within the jail. The case was assigned to Judge Robert Blakey and Magistrate Judge Mary M. Rowland.

The plaintiff—who was missing part of his right leg—required certain accommodations, including grab bars located in the shower and toilet, which he alleged were not provided to him. According to the complaint, certain ramps also lacked specific accommodations for those with disabilities that were not prescribed a wheelchair. 

When the plaintiff completed intake at the Cook County Department of Corrections (CCDOC), he was assigned to Division 10, where detainees who were in need of medical devices per doctors' prescriptions were assigned. Upon intake, a medical provider determined that the plaintiff required crutches to move from place to place and caused an order to be entered in the jail. 

On June 27, 2018, the plaintiff filed an amended complaint. The amended complaint was a putative class action suit and defined the prospective class as “all inmates housed in Division 10 at the CCDOC from June 27, 2016 to the date of entry of judgment who were prescribed either a walker, crutch, or cane by the medical staff and were denied an accommodation for toileting and showering.”

On December 1, 2018, the plaintiffs moved to certify their class. 

On April 3, 2019 the plaintiff filed a motion for sanctions against the defendant Sheriff for the refusal of his ADA compliance officer to answer questions in a deposition. The plaintiff alleged that the ADA compliance officer had been instructed by defense counsel to invoke the deliberative process privilege in response to questions even where it did not apply, e.g., for questions that were factual and out of the scope of the privilege. 

On April 11, 2019, the court granted in part and denied in part the motion for sanctions after holding a hearing on the matter. The court’s reasoning was not made publicly available.

On September 23, 2019, the court denied the plaintiff's motion to certify their class without prejudice. The court found that the defined class fell short of the requirement that the class members' claims be dependent on a common question capable of classwide resolution. The plaintiff’s proposed class did not pass the commonality requirement because the class was broadly defined to include individuals prescribed any of the three different types of aid (cane, walker, or crutch). The court concluded that, because the reasonable accommodations for those individuals varied depending on the severity of their disability, whether the defendant violated their rights would require a fact-specific inquiry for each individual case. 2019 WL 4601733.

On October 18, 2019, the plaintiff filed a renewed motion for class certification, defining the new class as “all inmates assigned to Division 10 at the Cook County Department of Corrections from June 27, 2016 to the date of entry of judgment, prescribed a cane, crutch, or walker by a jail medical provider.” 

On January 29, 2020, the court denied the plaintiffs renewed motion for class certification with prejudice. While the plaintiff's amended class removed the reference to a denial of accommodation, the court found that this did not remedy the previous issues. The plaintiff argued that this new class was controlled by the structural standards of the ADA and Rehabilitation Act, but the court determined that granting the class would require it to make a merit determination before ruling on the proposed class, which it declined to do.

On February 12, 2020, the plaintiff appealed the court's decision denying class certification to the U.S. Court of Appeals for the Seventh Circuit. 

On February 20, 2020, the defendants moved for summary judgment. The defendants first argued that summary judgment was proper because the plaintiff had failed to exhaust his administrative remedies in Division 10 as required by the Prison Litigation Reform Act (PRLA). Second, the defendants argued that, because the facilities were under construction before July 26, 1992, they were not subject to the ADA's structural accessibility standards as designated in the act. Instead, they were only required to provide reasonable or substantially equivalent accommodations. The plaintiff's complaint had not denied that the accommodations did not follow this standard, only that they did not comply with the ADA's structural standards. The defendants further argued that the plaintiff had failed to request any accommodations for the activities that he struggled with due to his disability. Finally, the defendants argued that the plaintiff could not meet the burden of proof under the ADA. The plaintiff had to prove that the defendants were deliberately indifferent to his needs, but the defendants argued that they had met his accommodation requests and had accommodated him upon sight.

On the same day, the plaintiff moved for partial summary judgment on the Rehabilitation Act claim. The plaintiff argued that the defendants violated the Act because they had not provided him with proper accommodations in order to use the shower and bathrooms. According to the plaintiff, the defendants had, at times, made a chair available for use while showering as an accommodation, but the chair was supposed to be used with assistance, which the defendants never provided. The plaintiff also alleged that he had notified jail officials of a fall while using the chair. The plaintiff argued this was enough to prove deliberate indifference on the part of the defendants. 

On March 16, 2020, the Seventh Circuit vacated the lower court's decision denying class certification, holding that the class certification decision would not require resolution of the merits of the claim. 953 F.3d 467. 

On April 9, 2020, the district court granted the renewed motion for class certification on remand from the appellate court. The court determined that, because the named plaintiff had abandoned his reasonable accommodation theory and because the structural standard legal theory was embedded in the class definition, the court didn't need to resolve whether the structural standard requirement applied at this stage. As the court explained, "The class satisfied commonality because under the structural standards analysis, the sole legal question concerns the legality [of] Division 10's shower and toileting facilities. As the parties agree that all the class members need assistance using the shower and toileting facilities and that Division 10 does not comply with the Structural Standards, the legal question of whether the Structural Standards control will generate class wide answers and control resolution of this case." 2020 WL 1812376. 

On June 3, 2020, the defendants moved to decertify the class. The defendants argued that the dissimilarities in that putative class members that the court noted in its rejection of the plaintiff's first proposed class remained in the second proposed class. First, the defendants argued that several Division 10 inmates had coordinated their first grievance filings around the time of the summary judgment briefings of the case, several years after their admission to CCJ. According to the defendants, such latent and coordinated grievance filings suggested a lack of commonality because of a lack of universal detriment. Second, the defendants argued that some people assigned medical devices don't always need an accommodation, including those specified by the structural standards. Third, the defendants argued that there are countless reasons that a person would be assigned a cane, crutch, or walker and yet may not require accommodations for specific activities like toileting and showering that the plaintiff requested. The defendants thus argued that the plaintiffs had failed to prove that lack of compliance would be to their detriment. 

On September 3, 2020, the court denied both parties’ motions for summary judgment. The court determined that the record was not developed enough for it to rule on the applicability of the structural standards and therefore it could not determine if the defendants had violated those standards. 

On September 22, 2022, the court granted the defendants’ motion to decertify the class. The court determined that the case would turn on two questions that would not generate common answers: (1) whether the class members qualified as "disabled" within the meaning of the ADA and Rehabilitation Act; and (2) whether the defendants violated the structural standards—to the extent they did control—to the plaintiffs’ detriment. 2022 WL 4386588. 

On October 6, 2022, the plaintiffs appealed the decision to decertify the class. On November 14, 2022, the Seventh Circuit reversed the district court's decision to decertify the class. The court held that every member of the class had a common issue that was relevant to every detainee in Division 10. The court reasoned that under Federal Rule of Civil Procedure 23(c)(4), a class action can be brought with respect to a particular issue and a class certified under this rule resolves the issue, but not the whole case. While damages would have to be sought on an individual basis, there was no reason that the issue resolution wouldn't apply to every class member. 53 F.4th 419. 

On December 6, 2022, the case was referred to Magistrate Judge Susan E. Cox.

On January 3, 2023 the plaintiffs moved for sanctions, alleging that the defendants failed to turn over an updated class list in compliance with a court order. The motion was denied with prejudice eight days later. The court’s reasoning was not made publicly available.

As of March 3, 2023, this case was ongoing. 

Summary Authors

Rhea Sharma (3/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7223242/parties/bennett-v-dart/


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Documents in the Clearinghouse

Document
1

1:18-cv-04268

Complaint

June 20, 2018

June 20, 2018

Complaint
6

1:18-cv-04268

Amended Complaint

June 27, 2018

June 27, 2018

Complaint
103

1:18-cv-04268

Memorandum Opinion and Order

Sept. 23, 2019

Sept. 23, 2019

Order/Opinion

2019 WL 2019

No. 20-8005

Opinion

U.S. Court of Appeals for the Seventh Circuit

March 16, 2020

March 16, 2020

Order/Opinion

953 F.3d 953

143

1:18-cv-04268

Memorandum Opinion and Order

April 9, 2020

April 9, 2020

Order/Opinion

2020 WL 2020

170

1:18-cv-04268

Memorandum Opinion and Order

Sept. 22, 2022

Sept. 22, 2022

Order/Opinion

2022 WL 2022

No. 22-8016

Opinion

U.S. Court of Appeals for the Seventh Circuit

Nov. 14, 2022

Nov. 14, 2022

Order/Opinion

53 F.4th 53

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7223242/bennett-v-dart/

Last updated March 9, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Preston Bennett; Jury Demand. Filing fee $ 400, receipt number 0752-14606901.(Morrissey, Patrick) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

Clearinghouse
2

ATTORNEY Appearance for Plaintiff Preston Bennett by Patrick William Morrissey (Morrissey, Patrick) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
3

ATTORNEY Appearance for Plaintiff Preston Bennett by Thomas Gerard Morrissey (Morrissey, Thomas) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
4

CIVIL Cover Sheet (Morrissey, Patrick) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Mary M. Rowland. (ec, )

June 20, 2018

June 20, 2018

PACER

SUMMONS Issued as to Defendants Cook County, Illinois, Thomas Dart (ec, )

June 20, 2018

June 20, 2018

PACER
5

SUMMONS Returned Executed by Preston Bennett as to All Defendants. (Morrissey, Patrick) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
6

AMENDED complaint by Preston Bennett against All Defendants (Morrissey, Patrick) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

Clearinghouse
7

MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Courts own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 8/16/2018 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 8/6/2018, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
8

ATTORNEY Appearance for Defendants Cook County, Illinois, Thomas Dart by Raana Vakilzadeh Haidari (Haidari, Raana) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
9

ATTORNEY Appearance for Defendants Cook County, Illinois, Thomas Dart by Anthony E. Zecchin (Zecchin, Anthony) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
10

ANSWER to amended complaint by Cook County, Illinois, Thomas Dart (Attachments: # 1 Notice of Filing)(Haidari, Raana) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
11

ATTORNEY Appearance for Defendants Cook County, Illinois, Thomas Dart by Michael Gorman (Gorman, Michael) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
12

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) joint, filed by Plaintiff Preston Bennett. (Morrissey, Patrick) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
13

MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 8/16/2018. Initial MIDP discovery shall be completed on or before 8/17/2018. Case management conference set for 9/5/2018 at 10:15 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
14

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Plaintiff Preston Bennett. (Morrissey, Patrick) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
15

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP), filed by Defendants Cook County, Illinois, Thomas Dart. (Haidari, Raana) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
16

MINUTE entry before the Honorable John Robert Blakey: Case management conference held on 9/5/2018. Final discovery status set for 11/27/2018 at 9:45 a.m. in Courtroom 1203. Jury trial set for 9/16/2019 at 10:30 a.m. in Courtroom 1203. Enter Case Management Order. The parties shall carefully review the case management order for additional dates, deadlines and information. Mailed notice (gel, ) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
17

CASE MANAGEMENT ORDER Signed by the Honorable John Robert Blakey on 9/5/2018. Mailed notice(gel, ) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
18

MOTION by Defendants Cook County, Illinois, Thomas Dart for protective order (Gorman, Michael) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
19

NOTICE of Motion by Michael Gorman for presentment of motion for protective order 18 before Honorable John Robert Blakey on 9/20/2018 at 09:45 AM. (Gorman, Michael) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
20

MINUTE entry before the Honorable John Robert Blakey: Defendants' motion for entry of agreed confidentiality order 18 is granted. Enter Agreed Confidentiality Order. The 9/20/18 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
21

AGREED CONFIDENTIALITY ORDER Signed by the Honorable John Robert Blakey on 9/17/2018. Mailed notice(gel, ) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
22

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time to complete discovery (Haidari, Raana) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
23

NOTICE of Motion by Raana Vakilzadeh Haidari for presentment of motion for extension of time to complete discovery 22 before Honorable John Robert Blakey on 10/23/2018 at 09:45 AM. (Haidari, Raana) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
24

MINUTE entry before the Honorable John Robert Blakey: Defendants' unopposed motion for extension of time 22 is granted, and the case management dates are revised as follows: Plaintiff's motion for class certification shall be filed by 12/1/18; response shall be filed by 1/3/19; and the reply shall be filed by 1/18/19. Fact discovery is extended to 1/14/19, expert discovery is extended to 4/8/19, and the final discovery status, previously set for 11/27/18, is stricken and reset for 12/18/18 at 9:45 a.m. in Courtroom 1203. The deadline for filing dispositive motions is extended to 4/29/19; responses shall be filed by 5/20/19; and replies shall be filed by 5/28/19. The 10/23/18 Notice of Motion date is stricken, and the parties need not appear. All other dates and deadlines stand. Mailed notice (gel, ) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
25

MOTION by Plaintiff Preston Bennett to compel defendant sheriff to produce written discovery (Morrissey, Patrick) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
26

NOTICE of Motion by Patrick William Morrissey for presentment of motion to compel 25 before Honorable John Robert Blakey on 12/4/2018 at 09:45 AM. (Morrissey, Patrick) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
27

MOTION by Plaintiff Preston Bennett to certify class Responses due by 1/3/2019 (Morrissey, Patrick) (Entered: 12/01/2018)

Dec. 1, 2018

Dec. 1, 2018

PACER
28

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/4/2018. Plaintiff's motion to compel 25 is briefed as follows: response shall be filed on or before 12/11/2018; motion hearing set for 12/18/2018 at 9:45 a.m. in Courtroom 1203. All other deadlines and hearings to stand. Mailed notice (gel, ) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
29

RESPONSE by Thomas Dartin Opposition to MOTION by Plaintiff Preston Bennett to compel defendant sheriff to produce written discovery 25 (Haidari, Raana) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
30

MINUTE entry before the Honorable John Robert Blakey: Discovery and motion hearing held on 12/18/2018. Parties report that they are on track to completing discovery. Plaintiff's motion to compel 25 remains under advisement as stated in open court. Defendant shall submit privileged documents to Chambers for an incamera review on or before 12/21/2018. All previously set deadlines and hearings, to stand. Mailed notice (gel, ) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
31

MOTION by Attorney Anthony Zecchin to withdraw as attorney for Thomas Dart. No party information provided (Haidari, Raana) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
32

NOTICE of Motion by Raana Vakilzadeh Haidari for presentment of motion to withdraw as attorney 31 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Haidari, Raana) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
33

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time to Respond to Class Cert and Complete Fact Discovery (Attachments: # 1 Exhibit A)(Haidari, Raana) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
34

NOTICE of Motion by Raana Vakilzadeh Haidari for presentment of extension of time 33 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Haidari, Raana) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
35

MOTION by Plaintiff Preston Bennett to compel defendants to produce written discovery (Morrissey, Patrick) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
36

NOTICE of Motion by Patrick William Morrissey for presentment of motion to compel 35 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
37

MOTION by Plaintiff Preston Bennett to compel depositions (Morrissey, Patrick) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
38

NOTICE of Motion by Patrick William Morrissey for presentment of motion to compel 37 before Honorable John Robert Blakey on 1/10/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
39

MINUTE entry before the Honorable John Robert Blakey: Defendants' motion to withdraw the appearance of Anthony E. Zecchin 31 is granted, and the Clerk is directed to terminate Mr. Zecchin's appearance in this case. The 1/8/19 Notice of Motion date is stricken as to this motion, though the motion hearing stands as to other pending motions. Mailed notice (gel, ) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
40

MOTION by Defendant Thomas Dart for protective order to Stay Merits-based Discovery (Gorman, Michael) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
41

NOTICE of Motion by Michael Gorman for presentment of motion for protective order 40 before Honorable John Robert Blakey on 1/10/2019 at 09:45 AM. (Gorman, Michael) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
42

MOTION by Defendants Cook County, Illinois, Thomas Dart to strike MOTION by Plaintiff Preston Bennett to compel depositions 37, MOTION by Plaintiff Preston Bennett to compel defendants to produce written discovery 35 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Haidari, Raana) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
43

NOTICE of Motion by Raana Vakilzadeh Haidari for presentment of motion to strike, 42 before Honorable John Robert Blakey on 1/15/2019 at 09:45 AM. (Haidari, Raana) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
45

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/8/2019. Plaintiff's motion to compel 25 is denied as to documents submitted for in-camera review. Defendant's motion for extension of time 33 is granted in part as stated in open court. Plaintiffs motion to compel 35 is granted. Defendant shall produce referenced discovery, subject to privilege, on or before 1/22/2019. Plaintiff's motion to compel 37 is denied without prejudice. Motion hearing previously set for 1/15/2019, to stand. Mailed notice (gel, ) (Entered: 01/09/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
44

MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for protective order to stay merits discovery 40 is entered and continued to 1/15/19 at 9:45 a.m. in Courtroom 1203. The 1/10/19 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
46

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/15/2019. Defendant's motion to stay 40 is denied, however, parties shall meet and confer regarding outstanding depositions. Defendant shall turn over grievances related to discovery, on or before 1/21/2019. Prior order clarified as follows: response to class certification shall be filed on or before 3/4/2019; reply shall be filed on or before 3/18/2019; motion hearing set for 4/2/2019 at 9:45 a.m. in Courtroom 1203. Defendant's motion to strike 42 is denied. Mailed notice (gel, ) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
47

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP), filed by Plaintiff Preston Bennett. (Morrissey, Patrick) (Entered: 01/26/2019)

Jan. 26, 2019

Jan. 26, 2019

PACER
48

MOTION by Plaintiff Preston Bennett to compel depositions [renewed] (Morrissey, Patrick) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
49

NOTICE of Motion by Patrick William Morrissey for presentment of motion to compel 48 before Honorable John Robert Blakey on 2/21/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
50

WITHDRAWING Assistant Cook County States Attorney Michael Gorman and Raana Vakilzadeh Haidari as counsel for Defendants Cook County, Illinois, Thomas Dart and substituting Brian Patrick Gainer as counsel of record (Gainer, Brian) (Entered: 02/17/2019)

Feb. 17, 2019

Feb. 17, 2019

PACER
51

WITHDRAWING Assistant Cook County States Attorney Michael Gorman and Raana Vakilzadeh Haidari as counsel for Defendants Cook County, Illinois, Thomas Dart and substituting Monica Gutowski as counsel of record (Gutowski, Monica) (Entered: 02/17/2019)

Feb. 17, 2019

Feb. 17, 2019

PACER
52

WITHDRAWING Assistant Cook County States Attorney Michael Gorman and Raana Vakilzadeh Haidari as counsel for Defendants Cook County, Illinois, Thomas Dart and substituting Lisa Marie Mcelroy as counsel of record (Mcelroy, Lisa) (Entered: 02/17/2019)

Feb. 17, 2019

Feb. 17, 2019

PACER
53

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time for an extension of sixty (60) days to respond to Plaintiffs Motion for Class Certification and for an extension of ninety (90) days to complete fact discovery (Mcelroy, Lisa) (Entered: 02/17/2019)

Feb. 17, 2019

Feb. 17, 2019

PACER
54

NOTICE of Motion by Lisa Marie Mcelroy for presentment of extension of time, 53 before Honorable John Robert Blakey on 2/21/2019 at 09:45 AM. (Mcelroy, Lisa) (Entered: 02/17/2019)

Feb. 17, 2019

Feb. 17, 2019

PACER
55

WITHDRAWING as counsel for Defendants Cook County, Illinois, Thomas Dart and substituting Jack E Bentley as counsel of record (Bentley, Jack) (Entered: 02/18/2019)

Feb. 18, 2019

Feb. 18, 2019

PACER
56

WITHDRAWING Michael Gorman and Raana Vakilzadeh Haidari as counsel for Defendants Cook County, Illinois, Thomas Dart and substituting Ahmed A Kosoko as counsel of record (Kosoko, Ahmed) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
57

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing previously set for 2/21/19 is stricken and reset for 2/28/19 at 9:00 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
58

ATTORNEY Appearance for Defendants Cook County, Illinois, Thomas Dart by Zachary Adam Pestine (Pestine, Zachary) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
59

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 2/28/2019. Plaintiff's motion to compel depositions 48 is denied as moot based upon the representation of the parties. Defendant's motion for extension of time 53 is granted. Any response to class certification shall be filed on or before 4/16/2019; reply shall be filed on or before 4/30/2019; motion hearing previously set for 4/2/2019 is reset for 6/27/2019 at 9:45 a.m. in Courtroom 1203. Jury trial set for 3/2/2020 at 10:30 a.m. in Courtroom 1203. Enter Amended Case Management Order. The parties shall carefully review the case management order for additional dates, deadlines and information. Mailed notice (gel, ) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
60

AMENDED CASE MANAGEMENT ORDER Signed by the Honorable John Robert Blakey on 2/28/2019. Mailed notice(gel, ) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
61

ATTORNEY Appearance for Defendants Cook County, Illinois, Thomas Dart by Michael Richard Sherer (Sherer, Michael) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
62

MOTION by Plaintiff Preston Bennett for sanctions (Attachments: # 1 Exhibit 1 Sabrina Rivero-Canchola Deposition (portion))(Morrissey, Patrick) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

RECAP
63

NOTICE of Motion by Patrick William Morrissey for presentment of motion for sanctions 62 before Honorable John Robert Blakey on 4/11/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
64

RESPONSE by Cook County, Illinois, Thomas Dart to MOTION by Plaintiff Preston Bennett for sanctions 62 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Pestine, Zachary) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
65

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/11/2019. Plaintiff's motion for sanctions 62 is granted in part, and denied in part, as stated in open court. All previously set deadlines and hearings to stand. Mailed notice (gel, ) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

RECAP
66

RESPONSE by Cook County, Illinois, Thomas Dart to MOTION by Plaintiff Preston Bennett to certify class 27 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pestine, Zachary) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
67

TRANSCRIPT OF PROCEEDINGS held on April 11, 2019, before the Honorable John Robert Blakey. Order Number: 34376. Court Reporter Contact Information: Laura_LaCien@ilnd.uscourts.gov, 312-408-5032. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/13/2019. Redacted Transcript Deadline set for 5/23/2019. Release of Transcript Restriction set for 7/22/2019. (Lacien, Laura) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
68

MOTION by Defendants Cook County, Illinois, Thomas Dartfor Leave to "File Suggestion of Additional Persuasive Authority (Attachments: # 1 Exhibit 1)(Pestine, Zachary) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
69

NOTICE of Motion by Zachary Adam Pestine for presentment of motion for miscellaneous relief 68 before Honorable John Robert Blakey on 4/30/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
70

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time to Conduct Class Discovery (Attachments: # 1 Exhibit 1)(Pestine, Zachary) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
71

NOTICE of Motion by Zachary Adam Pestine for presentment of extension of time 70 before Honorable John Robert Blakey on 4/30/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
72

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/30/2019. Defendant's motion for leave to file suggestion of additional persuasive authority 68 is granted without objection. Defendant's motion for extension of time 70 is denied without prejudice as stated in open court. Oral motion to file portions of reply under seal is granted. Status hearing set for 5/16/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
73

REPLY by Plaintiff Preston Bennett to motion to certify class 27 (Attachments: # 1 Exhibit 1 Superintendent Hugh Walsh Deposition, # 2 Exhibit 2 Picture of Portable Chair, # 3 Exhibit 3 Americans with Disabilities Act PowerPoint, # 4 Exhibit 4 Sabrina Rivero-Canchola (first) Deposition, # 5 Exhibit 5 Sabrina Rivero-Canchola (second) Deposition, # 6 Exhibit 6 Bennett Grievance dated 5/2/2018, # 7 Exhibit 7 Bennett Grievances relating to shower fall, # 8 Exhibit 8 Accessibility Analysis from Clemons v. Dart, # 9 Exhibit 9 Michael Gumm deposition from Clemons v. Dart)(Morrissey, Patrick) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
74

SEALED DOCUMENT by Plaintiff Preston Bennett Exhibits 10 & 11 (Morrissey, Patrick) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
75

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time Defendants' Renewed Motion for Extension of Time to Conduct Class Discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Pestine, Zachary) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
76

NOTICE of Motion by Zachary Adam Pestine for presentment of extension of time, 75 before Honorable John Robert Blakey on 5/14/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
77

TRANSCRIPT OF PROCEEDINGS held on April 30, 2019, before the Honorable John Robert Blakey. Order Number: 34615. Court Reporter Contact Information: Laura_LaCien@ilnd.uscourts.gov, 312-408-5032. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/29/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/6/2019. (Lacien, Laura) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
78

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/14/2019. Defendant's motion for extension of time to conduct class discovery 75 is granted in part. Fact discovery shall be completed on or before 7/15/2019. Expert disclosures shall be completed on or before 8/12/2019. Rebuttal experts shall be completed on or before 9/12/2019. Expert discovery shall be completed on or before 10/7/2019. Dispositive motions shall be filed on or before 10/28/2019; responses shall be filed on or before 11/4/2019; replies shall be filed on or before 11/12/2019; motion hearing set for 1/14/2020 at 9:45 a.m. in Courtroom 1203. Status hearing set for 5/16/2019 is stricken. All other deadlines and hearings to stand. Mailed notice (gel, ) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
79

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP), filed by Plaintiff Preston Bennett. (Morrissey, Patrick) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
80

MOTION by Defendants Cook County, Illinois, Thomas DartDefendants' Motion to Supplement Defendants' Response to Plaintiff's Motion for Class Certification (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Notice of Filing Notice of Motion)(Pestine, Zachary) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
81

NOTICE of Motion by Zachary Adam Pestine for presentment of motion for miscellaneous relief, 80 before Honorable John Robert Blakey on 6/27/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
82

MOTION by Defendants Cook County, Illinois, Thomas Dart to take deposition of Keymon Ammons, Demond Edwards, Jerome Lawrence, Shermon Jilton, and Jermaine Powell (Unopposed) (Pestine, Zachary) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
83

NOTICE of Motion by Zachary Adam Pestine for presentment of motion to take deposition 82 before Honorable John Robert Blakey on 6/27/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
84

MOTION by Plaintiff Preston Bennett for leave to file supplement to motion for class certification (Attachments: # 1 Exhibit 1 FY19 Business Case)(Morrissey, Patrick) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
85

NOTICE of Motion by Patrick William Morrissey for presentment of motion for leave to file 84 before Honorable John Robert Blakey on 6/27/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
86

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing previously set for 6/27/19 is reset for 7/18/19 at 9:45 a.m. in Courtroom 1203. All other dates and deadlines to stand. Mailed notice (gel, ) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
87

MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion to take depositions 82 is granted. Mailed notice (gel, ) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
88

MOTION by Plaintiff Preston Bennett to compel depositions (Attachments: # 1 Exhibit 1 Notice of Depositions)(Morrissey, Patrick) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
89

NOTICE of Motion by Patrick William Morrissey for presentment of motion to compel 88 before Honorable John Robert Blakey on 7/9/2019 at 09:45 AM. (Morrissey, Patrick) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
90

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/9/2019. Defendant's motion to supplement defendant's response 80 and Plaintiff's motion to supplement 84 are granted. Plaintiff's motion to compel deposition is entered and continued to 8/1/2019 at 9:45 a.m in Courtroom 1203. Deponents, Dr. Concetta Mennella, PA Olamide Taiwo, and RN Ashley Bloodworth are ordered to either schedule and sit for a deposition on or before 7/31/2019, or in the alternative appear in court on 8/1/2019 to explain their scheduling conflicts. Failure to either appear for deposition, or appear in court in lieu of deposition, may result in contempt of court proceedings. Status hearing on 8/1/2019 will be stricken if deponents comply with this order and notify the court on or before 7/31/2019. Counsel shall personally serve a copy of this order on deponents. Motion hearing set for 7/18/2019 to stand. Mailed notice (gel, ) (Entered: 07/10/2019)

July 9, 2019

July 9, 2019

PACER
91

TRANSCRIPT OF PROCEEDINGS held on July 9, 2019, before the Honorable John Robert Blakey. Order Number: 35327. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (Lacien, Laura) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
92

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time Defendants' Agreed Motion Extension fo Time to Complete Deposition of Dr. Mennella (Pestine, Zachary) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
93

Agreed NOTICE of Motion by Zachary Adam Pestine for presentment of extension of time 92 before Honorable John Robert Blakey on 7/18/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
94

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/18/2019. Defendant's agreed motion for extension of time to complete deposition 92 is granted and Dr. Mennella's deposition shall be completed on or before 8/8/2019. Plaintiff's motion to certify class 27 is taken under advisement and the Court will issue a ruling by separate order and set any additional case management dates (as needed). Parties shall meet and confer and file any joint supplemental filings on or before 8/1/2019. All other dates and deadlines to stand. Mailed notice (gel, ) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
95

TRANSCRIPT OF PROCEEDINGS held on 7/18/19 before the Honorable John Robert Blakey. Motion hearing. Order Number: 35452. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019. (Renke, Laura) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
96

MOTION by Defendants Cook County, Illinois, Thomas Dart for extension of time AGREED Motion for Extension of Time to Complete Expert Disclosures (Pestine, Zachary) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
97

AGREED NOTICE of Motion by Zachary Adam Pestine for presentment of extension of time 96 before Honorable John Robert Blakey on 8/1/2019 at 09:45 AM. (Pestine, Zachary) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
98

MINUTE entry before the Honorable John Robert Blakey: Status and motion hearing held on 8/1/2019. Plaintiff's motion to compel deposition 88 is denied as moot based upon the representation of the parties. Defendant's motion for extension of time 96 is granted in part; and the Court will issue a revised scheduling order by separate order, but the trial date will stand. Mailed notice (gel, ) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: June 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All inmates assigned to Division 10 at the Cook County Department of Corrections from June 27, 2016 to the date of entry of judgment, prescribed a cane, crutch, or walker by a jail medical provider.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County (Cook), City

Cook County Department of Corrections (Cook), Private Entity/Person

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Reasonable Accommodation

Issues

General/Misc.:

Bathrooms

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)