Case: Hebert v. Illinois Department of Corrections

1:24-cv-07950 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 30, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the lack of special education services provided to young people incarcerated by the Illinois Department of Corrections (IDOC). On August 30, 2024, twenty-one individual plaintiffs, people who were in IDOC custody and did not have a high school diploma, filed this lawsuit arguing that IDOC had been discriminating against people who need special education services for over 20 years. The plaintiffs argued that the lack of special education services prevented young people with …

This is a case about the lack of special education services provided to young people incarcerated by the Illinois Department of Corrections (IDOC).

On August 30, 2024, twenty-one individual plaintiffs, people who were in IDOC custody and did not have a high school diploma, filed this lawsuit arguing that IDOC had been discriminating against people who need special education services for over 20 years. The plaintiffs argued that the lack of special education services prevented young people with disabilities from earning a GED or high school diploma, which was necessary to access vocational programming. It also prevented people with disabilities from receiving time off their sentences via the Earned Program Sentence Credit. 

This action alleged violations of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, and state law. This lawsuit was filed in the Northern District of Illinois against the Illinois Department of Corrections (IDOC), Illinois Department of Juvenile Justice (IDJJ), and Illinois State Board of Education (ISBE). The plaintiffs requested class certification, declaratory and injunctive relief, and attorney fees. This case was assigned to District Judge Sara L. Ellis.

The plaintiffs also requested to certify a class for the lawsuit. The proposed class would consist of all persons who, as of June 1, 2006 or at any time thereafter, (1) are or will be in the legal custody of IDOC; (2) entered IDOC prior to the expiration of their special education eligibility and are or were eligible to receive special education; (3) had an IEP from their last education placement at the time they entered IDOC custody and had not yet received their high school diploma; and (4) are being, will be, or were denied special education services and high school education while in the legal custody of IDOC. The plaintiffs proposed two subclasses for the putative class: current and future eligible subclass, and formerly eligible subclass.

On September 25, 2024, the plaintiffs filed a motion for a preliminary injunction. They sought the immediate development and implementation of policies to provide the plaintiffs and class members with special education services.

On November 22, 2024, the defendants filed a response to the plaintiffs’ request for a preliminary injunction. They argued that the Prison Litigation Reform Act (PLRA) required the exhaustion of administrative remedies for lawsuits seeking to alter prison conditions. Further, they alleged class wide relief was not appropriate because of the individualized nature of the IDEA. 

On December 2, 2024, the defendants filed a motion to dismiss. They argued that some plaintiffs’ claims are moot, that some plaintiffs did not exhaust their administrative remedies as required for some of the federal claims, that the plaintiffs’ state law claims should be dismissed because of Eleventh Amendment immunity, and that many of the plaintiffs IDEA claims were barred by the statute of limitations.

As of December 12, 2024, this case is ongoing, and the motions for preliminary relief and to dismiss remain pending.

Summary Authors

Cara Claflin (1/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69120911/parties/hebert-v-illinois-department-of-corrections/


show all people

Documents in the Clearinghouse

Document
1

1:24-cv-07950

Complaint

Aug. 30, 2024

Aug. 30, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69120911/hebert-v-illinois-department-of-corrections/

Last updated Dec. 16, 2024, 2:09 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Antwon Tompkin, Delcheva Harris, Isaiha Herring, Antonio Monroe, Amaru Evans, Exodus Hebert, Robert "Raven&quo Melton, Keyshawn Nichols, Antjuan Davis, Jeremiah Brown, Damen Gonzalez, Shirice Hendrix, Ivan Johnson, Dasheem Pickens, Nyree Dugans, Jesse Garza, Thailan Hopkins, Deleon Moffett, Quran Broomfield, Darrion Longstreet, George Garcia; Jury Demand. Filing fee $ 405, receipt number AILNDC-22426466. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Spellman, Johanna) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

Clearinghouse
2

CIVIL Cover Sheet (Attachments: # 1 Attachment)(Spellman, Johanna) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
3

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Rachel L. Shapiro (Shapiro, Rachel) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
4

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Alexandra Wyn Kuske (Kuske, Alexandra) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
5

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Brianna Hill (Hill, Brianna) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
6

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Johanna Margaret Spellman (Spellman, Johanna) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
7

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Olga Frances Pribyl (Pribyl, Olga) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
8

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Terra Reynolds (Reynolds, Terra) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
9

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Nicholas Russell Hazen (Hazen, Nicholas) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
10

ATTORNEY Appearance for Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Shirice Hendrix, Exodus Hebert, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert "Raven&quo Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin by Sujatha Jagadeesh Branch (Branch, Sujatha) Modified on 9/3/2024 (jn, ). (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1). (qrtr, )

Sept. 3, 2024

Sept. 3, 2024

PACER

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (qrtr, )

Sept. 3, 2024

Sept. 3, 2024

PACER

SUMMONS Issued as to Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education (qrtr, )

Sept. 18, 2024

Sept. 18, 2024

PACER
11

ATTORNEY Appearance for Plaintiff Jeremiah Brown by Johanna Margaret Spellman (Spellman, Johanna) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
12

ATTORNEY Appearance for Plaintiff Jeremiah Brown by Terra Reynolds (Reynolds, Terra) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
13

ATTORNEY Appearance for Plaintiff Jeremiah Brown by Nicholas Russell Hazen (Hazen, Nicholas) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
14

MINUTE entry before the Honorable Sara L. Ellis: The initial telephonic status conference in this matter is set for 10/30/2024 at 9:30 a.m. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 10/23/2024. Mailed notice (rj, ) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
19

Preliminary Injunction

Sept. 25, 2024

Sept. 25, 2024

RECAP
22

Certify Class

Sept. 25, 2024

Sept. 25, 2024

PACER
25

File Excess Pages

Sept. 25, 2024

Sept. 25, 2024

PACER
15

ATTORNEY Appearance for Defendant Illinois State Board of Education by Sarah Hughes Newman (Newman, Sarah) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
16

SUMMONS Returned Executed by Antwon Tompkin, Delcheva Harris, Isaiha Herring, Antonio Monroe, Amaru Evans, Exodus Hebert, Robert Raven Melton, Keyshawn Nichols, Antjuan Davis, Jeremiah Brown, Damen Gonzalez, Shirice Hendrix, Ivan Johnson, Dasheem Pickens, Nyree Dugans, Jesse Garza, Thailan Hopkins, Deleon Moffett, Quran Broomfield, Darrion Longstreet, George Garcia as to Illinois Department of Corrections on 9/24/2024, answer due 10/15/2024. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
17

SUMMONS Returned Executed by Antwon Tompkin, Delcheva Harris, Isaiha Herring, Antonio Monroe, Amaru Evans, Exodus Hebert, Robert Raven Melton, Keyshawn Nichols, Antjuan Davis, Jeremiah Brown, Damen Gonzalez, Shirice Hendrix, Ivan Johnson, Dasheem Pickens, Nyree Dugans, Jesse Garza, Thailan Hopkins, Deleon Moffett, Quran Broomfield, Darrion Longstreet, George Garcia as to Illinois Department of Juvenile Justice on 9/24/2024, answer due 10/15/2024. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
18

SUMMONS Returned Executed by Antwon Tompkin, Delcheva Harris, Isaiha Herring, Antonio Monroe, Amaru Evans, Exodus Hebert, Robert Raven Melton, Keyshawn Nichols, Antjuan Davis, Jeremiah Brown, Damen Gonzalez, Shirice Hendrix, Ivan Johnson, Dasheem Pickens, Nyree Dugans, Jesse Garza, Thailan Hopkins, Deleon Moffett, Quran Broomfield, Darrion Longstreet, George Garcia as to Illinois State Board of Education on 9/20/2024, answer due 10/11/2024. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
19

MOTION by Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert Raven Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin for preliminary injunction (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

RECAP
20

MEMORANDUM by Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert Raven Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin in support of motion for preliminary injunction, 19 (Attachments: # 1 Exhibit A to AA)(Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
21

NOTICE of Motion by Johanna Margaret Spellman for presentment of motion for preliminary injunction, 19 before Honorable Sara L. Ellis on 10/3/2024 at 01:45 PM. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
22

MOTION by Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert Raven Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin to certify class and appointment of class counsel (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
23

MEMORANDUM by Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert Raven Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin in support of motion to certify class, 22 and appointment of class counsel (Attachments: # 1 Exhibit A to BB)(Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
24

NOTICE of Motion by Johanna Margaret Spellman for presentment of motion to certify class, 22 before Honorable Sara L. Ellis on 10/3/2024 at 01:45 PM. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
25

MOTION by Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstreet, Robert Raven Melton, Deleon Moffett, Antonio Monroe, Keyshawn Nichols, Dasheem Pickens, Antwon Tompkin for leave to file excess pages (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
26

NOTICE of Motion by Johanna Margaret Spellman for presentment of motion for leave to file excess pages, 25 before Honorable Sara L. Ellis on 10/3/2024 at 01:45 PM. (Spellman, Johanna) (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
27

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by Margaret Jones (Jones, Margaret) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
28

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by Lee Barrington Stark (Stark, Lee) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
29

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

PACER
30

MINUTE entry before the Honorable Sara L. Ellis: Telephonic motion hearing held on 10/3/2024. Motion for leave to file excess pages 25 is granted. Briefing schedule on motion for preliminary injunction 19 : Defendants' responses are due by 11/15/2024 and Plaintiffs' replies are due by 12/16/2024. Preliminary Injunction hearing set for 1/10/2025 at 10:00 a.m. Next status date set for 10/10/2024 at 1:30 PM to decide briefing schedule on class certification issue. Mailed notice (rj, ) (Entered: 10/04/2024)

Oct. 3, 2024

Oct. 3, 2024

PACER
30

Order on Motion for Leave to File Excess Pages

Oct. 4, 2024

Oct. 4, 2024

PACER
31

Extension of Time

Oct. 9, 2024

Oct. 9, 2024

PACER
31

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education for extension of time Joint (Jones, Margaret) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
32

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
33

Order on Motion for Extension of Time

Oct. 15, 2024

Oct. 15, 2024

PACER
33

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 10/10/2024. Joint motion to reset the initial status conference 31 is granted. Initial status conference set for 10/30/2024 is stricken. Briefing schedule on class certification and status report are stayed pending preliminary injunction. Class is conditionally certified for the purposes of preliminary injunction hearing. Preliminary Injunction (in-person) hearing set for 1/10/2025 at 10:00 AM. Mailed notice (rj, ) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
34

TRANSCRIPT OF PROCEEDINGS held on 10/10/24 before the Honorable Sara L. Ellis. Order Number: 50046. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@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 11/12/2024. Redacted Transcript Deadline set for 11/22/2024. Release of Transcript Restriction set for 1/20/2025. (Mullen, Patrick) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER
35

Extension of Time to File Answer

Oct. 25, 2024

Oct. 25, 2024

PACER
35

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education for extension of time to file answer regarding complaint,, 1 (Unopposed) (Newman, Sarah) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
36

NOTICE of Motion by Lee Barrington Stark for presentment of motion for extension of time to file answer 35 before Honorable Sara L. Ellis on 10/31/2024 at 01:45 PM. (Stark, Lee) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

PACER
38

Order on Motion for Extension of Time to Answer

Oct. 31, 2024

Oct. 31, 2024

PACER
37

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
38

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time to answer or otherwise plead 35 . Defendants' responsive pleadings are due by 11/15/2024. No appearance required on 10/31/2024. Mailed notice (rj, ) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
43

Withdraw as Attorney

Nov. 1, 2024

Nov. 1, 2024

PACER
39

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by Nicole Beth Bazer (Bazer, Nicole) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
40

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by Michael A. Warner, Jr (Warner, Michael) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
41

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by Kaitlin Atlas (Atlas, Kaitlin) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
42

ATTORNEY Appearance for Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education by John Emory Swinney (Swinney, John) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
43

MOTION by Attorney Margaret Jones to withdraw as attorney for Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education. No party information provided (Jones, Margaret) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
44

NOTICE of Motion by Margaret Jones for presentment of motion to withdraw as attorney 43 before Honorable Sara L. Ellis on 11/7/2024 at 01:45 PM. (Jones, Margaret) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
45

Order on Motion to Withdraw as Attorney

Nov. 6, 2024

Nov. 6, 2024

PACER
45

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to withdraw the appearance of counsel 43 and withdraws the appearance of Margaret Jones as counsel for Defendants. Emailed notice (rj, ) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

PACER
46

MINUTE entry before the Honorable Sara L. Ellis: Minute entry # 45 is amended to include the following: Attorney Sarah Hughes Newman and Lee Barrington Stark are withdrawn as counsel for the Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, and Illinois State Board of Education. Emailed notice (rj, ) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

PACER
47

Extension of Time

Nov. 11, 2024

Nov. 11, 2024

PACER
47

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education for extension of time DEFENDANTS' PARTIALLY AGREED AND PARTIALLY OPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND (Bazer, Nicole) (Entered: 11/11/2024)

Nov. 11, 2024

Nov. 11, 2024

PACER
48

NOTICE of Motion by Nicole Beth Bazer for presentment of extension of time, 47 before Honorable Sara L. Ellis on 11/14/2024 at 01:45 PM. (Bazer, Nicole) (Entered: 11/11/2024)

Nov. 11, 2024

Nov. 11, 2024

PACER
49

Order on Motion for Extension of Time

Nov. 13, 2024

Nov. 13, 2024

PACER
49

MINUTE entry before the Honorable Sara L. Ellis: The Court grants in part and denies in part Defendants' motion for extension of time 47 . Defendants' responsive pleading is due by 12/2/2024. The Court modifies the briefing schedule on Plaintiffs' motion for preliminary injunction as follows: Defendants' response is due by 11/22/2024 and Plaintiffs' reply is due by 12/16/2024. Emailed notice (rj, ) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

PACER
50

LETTER from Nickolas Garcia dated 11/10/24. (Envelope postmarked 11/12/24) (Received by mail in the Clerk's Office on 11/15/24) (aee, ) (Entered: 11/18/2024)

Nov. 15, 2024

Nov. 15, 2024

PACER
51

File Excess Pages

Nov. 22, 2024

Nov. 22, 2024

PACER
53

Seal

Nov. 22, 2024

Nov. 22, 2024

PACER
51

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice for leave to file excess pages Unopposed Motion for Leave to File an Oversized Brief in Response to Plaintiffs' Motion for Preliminary Injunction (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
52

UNOPPOSED - NOTICE of Motion by Nicole Beth Bazer for presentment of motion for leave to file excess pages, 51 before Honorable Sara L. Ellis on 11/26/2024 at 09:45 AM. (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
53

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice to seal Partially Opposed Motion for Leave to File Exhibits Under Seal (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
54

PARTIALLY OPPOSED - NOTICE of Motion by Nicole Beth Bazer for presentment of motion to seal 53 before Honorable Sara L. Ellis on 11/26/2024 at 09:45 AM. (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
55

RESPONSE by Illinois State Board of Educationin Opposition to MOTION by Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstr 19 (Attachments: # 1 Declaration of Nakia Douglas)(Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
56

RESPONSE by Illinois Department of Corrections, Illinois Department of Juvenile Justicein Opposition to MOTION by Plaintiffs Quran Broomfield, Jeremiah Brown, Antjuan Davis, Nyree Dugans, Amaru Evans, George Garcia, Jesse Garza, Damen Gonzalez, Delcheva Harris, Exodus Hebert, Shirice Hendrix, Isaiha Herring, Thailan Hopkins, Ivan Johnson, Darrion Longstr 19 (Attachments: # 1 Declaration of Robert Vickery, # 2 Declaration of Jennifer Parrack)(Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
57

SEALED EXHIBIT by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice - SEALED EXHIBITS 4-13 TO THE DECLARATION OF ROBERT VICKERY regarding response in opposition to motion, 56 (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
58

SEALED EXHIBIT by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice SEALED EXHIBITS 1 - 2 TO THE DECLARATION OF JENNIFER PARRACK regarding response in opposition to motion, 56 (Bazer, Nicole) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
59

Order on Motion for Leave to File Excess Pages AND Order on Motion to Seal

Nov. 25, 2024

Nov. 25, 2024

PACER
59

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to file excess pages 51 . The Court grants Defendants' motion for leave to file under seal 53 . Emailed notice (rj, ) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

PACER
60

Seal Document

Nov. 26, 2024

Nov. 26, 2024

PACER
60

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education to seal document - UNOPPOSED MOTION TO SEAL ECF 56-1 AND FOR LEAVE TO RE-FILE WITH REDACTIONS (Bazer, Nicole) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

PACER
61

UNOPPOSED - NOTICE of Motion by Nicole Beth Bazer for presentment of motion to seal document, 60 before Honorable Sara L. Ellis on 12/10/2024 at 09:45 AM. (Bazer, Nicole) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

PACER
62

Miscellaneous Relief

Dec. 2, 2024

Dec. 2, 2024

PACER
64

Dismiss for Failure to State a Claim AND Dismiss/Lack of Jurisdiction

Dec. 2, 2024

Dec. 2, 2024

RECAP
62

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education DEFENDANTS' MOTION FOR LEAVE TO FILE AN OVERSIZED MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS (Bazer, Nicole) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
63

NOTICE of Motion by Nicole Beth Bazer for presentment of motion for miscellaneous relief, 62 before Honorable Sara L. Ellis on 12/10/2024 at 09:45 AM. (Bazer, Nicole) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
64

MOTION by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education to dismiss for lack of jurisdiction - Federal Rules of Civil Procedure 12(b)(1), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education - Federal Rules of Civil Procedure 12(b)(6) (Bazer, Nicole) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

RECAP
65

MEMORANDUM by Illinois Department of Corrections, Illinois Department of Juvenile Justice, Illinois State Board of Education in support of motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, 64 (Bazer, Nicole) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
66

NOTICE of Motion by Nicole Beth Bazer for presentment of motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, 64 before Honorable Sara L. Ellis on 12/10/2024 at 09:45 AM. (Bazer, Nicole) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
67

Order on Motion for Miscellaneous Relief AND Order on Motion to Seal Document

Dec. 10, 2024

Dec. 10, 2024

PACER
68

Extension of Time

Dec. 10, 2024

Dec. 10, 2024

PACER
67

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motions for leave to file under seal 60 and to file excess pages 62 . The Court sets the following briefing schedule for Defendants' motion to dismiss 64 : Plaintiffs' response is due by 1/17/2025 and Defendants' reply is due by 1/31/2025. The Court sets a ruling date for 4/30/2025 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (rj, ) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
68

MOTION by Plaintiffs Darrion Longstreet, Antwon Tompkin, Ivan Johnson, Keyshawn Nichols, Jesse Garza, Nyree Dugans, Antjuan Davis, Amaru Evans, Robert Raven Melton, Quran Broomfield, Exodus Hebert, Dasheem Pickens, Delcheva Harris, Antonio Monroe, Damen Gonzalez, Deleon Moffett, George Garcia, Jeremiah Brown, Isaiha Herring, Thailan Hopkins, Shirice Hendrix for extension of time to Reply (Unopposed) (Spellman, Johanna) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
69

NOTICE of Motion by Johanna Margaret Spellman for presentment of extension of time, 68 before Honorable Sara L. Ellis on 12/19/2024 at 01:45 PM. (Spellman, Johanna) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
70

Order on Motion for Extension of Time

Dec. 13, 2024

Dec. 13, 2024

PACER
70

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for extension of time 68 . Plaintiffs' reply is due by 12/20/2024. Mailed notice. (vcf, ) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Disability Rights

Education

Key Dates

Filing Date: Aug. 30, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are twenty-one named plaintiffs who are in IDOC custody and do not have a high school diploma. The class certification is requested for all persons who, as of June 1, 2006 or at any time thereafter, (1) are or will be in the legal custody of IDOC; (2) entered IDOC prior to the expiration of their special education eligibility and are or were eligible to receive special education; (3) had an IEP from their last education placement at the time they entered IDOC custody and had not yet received their high school diploma; and (4) are being, will be, or were denied special education services and high school education while in the legal custody of IDOC. There are two subclasses for the putative class: current and future eligible subclass, and formerly eligible subclass.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Illinois Department of Corrections (IDOC), State

Illinois Department of Juvenile Justice (IDJJ), State

Illinois State Board of Education (ISBE), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Good time