Filed Date: Jan. 19, 2023
Case Ongoing
Clearinghouse coding complete
This is a case about minors in state care held in juvenile detention centers despite a judge having ordered their release. On January 19, 2023 the Cook County Public Guardian, on behalf of nine children with disabilities who were residing in juvenile detention despite their ordered release, filed this putative class action lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the Illinois Department of Children and Family Services (DCFS), as well as the agency’s current and former directors and administrators under 42 U.S.C. § 1983, the Fourteenth Amendment, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. Represented by Loevy & Loevy, a civil rights firm, the plaintiffs sought class certification, compensatory damages, attorneys’ fees and any other appropriate relief. The plaintiffs claimed that, despite the fact that the children represented in this suit were all court ordered to be released to their guardian, or placed in an appropriate environment if no guardian was available (also known as a Release Upon Request (RUR) order), the defendant failed to release the children in a timely manner. Plaintiff alleged the practice of incarcerating minors for months beyond their ordered release date went back decades. This over-incarceration, the plaintiffs’ claimed, caused unjust damage in the form of isolation, further trauma, deprivation of childhood experiences, and insufficient support for educational and mental health treatment needs. Additionally, the plaintiffs claimed that the defendants’ discriminated against them on the basis of disability by failing to place them in the least restrictive environment possible, and the children were denied the benefits of this placement as a result. The case was assigned to Judge Martha M. Pacold.
In their motion for class certification, the plaintiffs sought to represent a class of children “who have been placed in the care or under the guardianship of DCFS at any time on or after January 1, 2018 and who were incarcerated in juvenile jail for at least 7 consecutive days after a court order for their [RUR].” Additionally, eight plaintiffs sought to represent a subclass of children “who have been placed in the care or under the guardianship of DCFS at any time on or after January 1, 2018 and who were incarcerated in juvenile jail for at least 7 consecutive days after a court order for their release upon request, and who had a disability within the meaning of the Americans with Disabilities Act at the time they were held RUR.”
As of February 21, 2023, litigation is ongoing and class certification is pending.
Summary Authors
Simran Takhar (3/5/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66741246/parties/golbert-v-smith/
Ainsworth, Russell R (Illinois)
Pierce, Megan Colleen (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/66741246/golbert-v-smith/
Last updated March 9, 2024, 3:14 a.m.
State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Jan. 19, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Cook County Public Guardian filed this suit on behalf of nine minors representing a class of children with disabilities residing in juvenile detention despite their ordered release.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Illinois Department of Children and Family Services, State
Defendant Type(s):
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
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Deinstitutionalization/decarceration
Foster care (benefits, training)
Jails, Prisons, Detention Centers, and Other Institutions:
Placement in detention facilities
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health: