Case: Duran v. Elrod

1:74-cv-02949 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 11, 1974

Closed Date: Nov. 30, 2011

Clearinghouse coding complete

Case Summary

On October 11, 1974, pretrial detainees in the custody of the Cook County, Illinois, Department of Corrections brought a class action suit against county officials under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Illinois alleging violations of their rights under the Fourteenth Amendment by failing to provide safe and humane conditions of confinement. The plaintiffs were represented in part by the MacArthur Justice Center of the University of Chicago. The District C…

On October 11, 1974, pretrial detainees in the custody of the Cook County, Illinois, Department of Corrections brought a class action suit against county officials under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Illinois alleging violations of their rights under the Fourteenth Amendment by failing to provide safe and humane conditions of confinement. The plaintiffs were represented in part by the MacArthur Justice Center of the University of Chicago. The District Court (Judge Thomas R. McMillen, Jr.) dismissed three of the fifteen claims raised in the complaint, and the plaintiff pretrial detainees appealed. The Seventh Circuit Court of Appeals (Chief Judge Thomas Edward Fairchild) reversed, holding that pretrial detainees may suffer no more restrictions than are reasonably necessary to ensure their presence at trial. Duran v. Elrod, 542 F.2d 998 (7th Cir. 1976). The Court of Appeals found that the District Court erred in striking the portion of the complaint alleging lack of visiting privileges with families and friends and lack of sufficient telephones. The District Court also erred in dismissing the portion of the complaint relating to adequacy of recreation, exercise and living facilities.

A consent decree was later entered by the District Court (Judge Milton I. Shadur, Jr.) on April 9, 1982. The decree called for the renovation and modernization of the county jail facilities, increasing staff personnel, improvement in food services and provision of personal hygiene supplies, increased access to the law library, more physical exercise periods and increased hours for visitation. The decree also provided that the John Howard Association would monitor the implementation of the decree by submitting reports every six months to the court. The District Court retained jurisdiction over the case in order to enforce as necessary the decree's provisions.

In October 1982, the John Howard Association submitted their first six month report regarding jail conditions. The report indicated an insufficient number of jail beds which forced many inmates to sleep on the floor, sometimes without mattresses or blankets. On January 25, 1983, the District Court ordered a population ""cap"" of 4500 inmates at the jail. This figure was arrived at to assure that each inmate would have a bed. The defendants, county officials, subsequently moved for relief from the population cap order and requested the approval of emergency ""double-bunking"" of the inmates even though one provision of the decree specifically forbade double-bunking. Judge Shadur denied these motions on March 22, 1983, and ordered the county officials to release the inmates held with the lowest amount of bail in order to meet the population cap. The county officials immediately appealed. The Seventh Circuit Court of Appeals (Senior District Court Judge Robert A. Grant, sitting by designation) affirmed by holding that county officials were not entitled to modification of the consent decree to permit emergency double-bunking and that the District Court did not exceed its authority in directing the release of low-bond pretrial detainees as necessary to reach the population cap. Duran v. Elrod, 713 F.2d 292 (7th Cir. 1983). The U.S. Supreme Court denied the county officials' petition for a writ of certiorari. Elrod v. Duran, 465 U.S. 1108 (1984).

In 1984, Cook County released over 15,000 inmates to avoid double-bunking, and on March 27, 1985, the county filed a motion requesting the District Court to modify the consent decree to allow double-bunking of accused felons until May 15, the completion date for renovations at the jail that would add more beds. The District Court denied this motion, noting that the county had dragged its heels in constructing new facilities. On April 26, 1985, the Seventh Circuit Court of Appeals (Judge Richard Allen Posner) reversed, finding that the motion to permit double-bunking should have been granted because the period was not extensive, refusal to grant relief would result in the release of 500 accused felons, and the prohibition on double-bunking was not required by the Constitution. Duran v. Elrod, 760 F.2d 756 (7th Cir. 1985). The Court of Appeals thus ordered modification of the decree to allow double-bunking until May 15, 1985, but at the same time noted its dissatisfaction with the county's response to jail overcrowding. Judge Joel Martin Flaum dissented from the Court of Appeals' decision and noted that there was not a sufficient showing to justify a finding of abuse of discretion by the District Court.

The docket for the early part of the case was not available on PACER, and accordingly, we do not have further information on that part of the litigation.

The PACER docket begins in 1993, by which time the case was before Judge George M. Marovich. It shows litigation from 1993 through 2012 concerning compliance with the court's order and attorneys' fee awards pursuant to the Prison Litigation Reform Act of 1996. During this time, the John Howard Association continued to file periodic reports monitoring the county's compliance with the decree. On November 24, 2004, Judge Marovich granted the plaintiffs' motion for a finding of civil contempt. That motion was terminated on March 8, 2005. On January 12, 2006, Judge Marovich modified the consent decree to allow for an Electronic Monitoring Program to be operated by Cook County. The case was reassigned to Judge Virginia M. Kendall on September 1, 2006.

On February 29, 2008 the court assigned John Howard Association to monitor the effectiveness of the defendants' plan to eliminate overcrowding and report to the court. On July 8, 2009 the plaintiffs made a motion for overcrowding and staffing relief, alleging that the defendants defaulted on their prior February 2008 agreement to eliminate crowding. On July 17, 2009 the court found that there is currently no overcrowding at the Cook County Jail, and so the plaintiff's motion for Implementation of Proposal for Elimination of Overcrowding in the Jail was denied without prejudice as moot. The Court also found that defendants were in violation of part of the Consent Decree in that the defendants had not hired staff members to fully staff the facility in spite of their agreement to do so in February 2006. The defendants were directed to hire 210 correctional officers.

On June 10, 2011, both parties moved for the court to approve a voluntarily dismissal and after fairness hearings and on November 30, 2011 the order was granted.

Summary Authors

Kristen Sagar (5/24/2007)

Abigail DeHart (10/20/2016)

Related Cases

United States v. Cook County, Northern District of Illinois (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15713168/parties/duran-v-brown/


Judge(s)
Attorney for Plaintiff

Bowman, Locke E. III (Illinois)

DeWolfe, Ruthanne (Illinois)

Elson, Sally T. (Illinois)

Attorney for Defendant

Colman, Jeffrey D. (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:74-cv-02949

Docket (PACER)

Duran v. Brown

Feb. 22, 2012

Feb. 22, 2012

Docket

75-01898

Opinion

U.S. Court of Appeals for the Seventh Circuit

Oct. 22, 1976

Oct. 22, 1976

Order/Opinion

542 F.2d 998

83-01574

Opinion

U.S. Court of Appeals for the Seventh Circuit

Oct. 6, 1983

Oct. 6, 1983

Order/Opinion

713 F.2d 292

83-01082

Memorandum Decision

Elrod v. Duran

Supreme Court of the United States

March 19, 1984

March 19, 1984

Order/Opinion

465 U.S. 1108

85-01534

Reported Opinion

U.S. Court of Appeals for the Seventh Circuit

April 26, 1985

April 26, 1985

Order/Opinion

760 F.2d 756

906

1:74-cv-02949

Docket Entry

Duran v. Sheahan

Jan. 12, 2006

Jan. 12, 2006

Order/Opinion
1090

1:74-cv-02949

Notification of Docket Entry [Status Hearing Held]

Duran v. Moore

July 17, 2009

July 17, 2009

Order/Opinion
1148

1:74-cv-02949

Order

Duran v. Dart

Nov. 30, 2011

Nov. 30, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15713168/duran-v-brown/

Last updated July 9, 2026, 5:29 a.m.

Docket for: Duran v. Brown
ECF Number Date Description Link
717 June 25, 1993

TRANSCRIPT of proceedings for the following date(s): 03/19/93 Before Honorable George M. Marovich. (vmj) (Entered: 06/28/1993)

RECAP
718 June 29, 1993

AGREED MOTION by parties to extend time to file heir supplemental response to the Court Monitoring Report prepared by the John Howard Association . (vmj) (Entered: 06/30/1993)

RECAP
719 June 29, 1993

NOTICE of motion regarding motion to extend time to file their supplemental response to the Court Monitoring Report prepared by the John Howard Association [718-1]. (vmj) (Entered: 06/30/1993)

RECAP
720 July 1, 1993

MINUTE ORDER of 7/1/93 by Hon. George M. Marovich : Granting defendants' motion to extend time to file their supplemental response to the Court Monitoring Report prepared by the Howard Association [718-1]. The response is to be filed by August 2, 1993. Telephoned notice (vmj) (Entered: 07/02/1993)

RECAP
721 July 14, 1993

MINUTE ORDER of 7/14/93 by Hon. George M. Marovich : Granting agreed motion by parties to extend time to file their supplemental response to the Court Monitoring Report prepared by the Howard Association [718-1]. No notice (vmj) (Entered: 07/15/1993)

RECAP
722 Aug. 2, 1993

SUPPLEMENTAL report by defendants'. (vmj) (Entered: 08/03/1993)

RECAP
723 Aug. 2, 1993

NOTICE of filing by defendants' regarding supplemental report [722-1]. (vmj) (Entered: 08/03/1993)

RECAP
726 Aug. 2, 1993

Document Sealed (pursuant to Court Order of 8/4/93) (vmj) (Entered: 08/06/1993)

RECAP
725 Aug. 4, 1993

MINUTE ORDER of 8/4/93 by Hon. George M. Marovich : Defendants' are given leave to file addendum to their supplemental report under seal. Defendants are to advise the court when this material may be unsealed. Mailed notice (vmj) (Entered: 08/06/1993)

RECAP
728 Sept. 15, 1993

Document Sealed (pursuant to Court Order) (vmj) (Entered: 09/24/1993)

RECAP
727 Sept. 16, 1993

MINUTE ORDER of 9/16/93 by Hon. George M. Marovich: The John Howard Association is given an extension of time to September 24, 1993 to file its report to the court. Defendant's time to respond is extended to October 25, 1993. Mailed notice (vmj) (Entered: 09/17/1993)

RECAP
729 Sept. 23, 1993

MINUTE ORDER of 9/23/93 by Hon. George M. Marovich: The parties are given leave to file reports to the court under seal as needed. At the conclusion of these proceedings, the parties are to either remove the sealed reports or to indicate to the court that they may now be made part of the public record. Mailed notice (vmj) (Entered: 09/24/1993)

RECAP
730 Sept. 24, 1993

COURT monitoring report from the John Howard Assn. (vmj) (Entered: 09/28/1993)

RECAP
731 Oct. 18, 1993

MINUTE ORDER of 10/18/93 by Hon. George M. Marovich : Status hearing re-set for 11/5/93 at 9:30 a.m. Telephoned notice (tlm) (Entered: 10/19/1993)

RECAP
732 Oct. 20, 1993

MINUTE ORDER of 10/20/93 by Hon. George M. Marovich: Status hearing reset for 8 Nov 93 at 9:30 a.m. Mailed notice (vmj) (Entered: 10/21/1993)

RECAP
733 Oct. 25, 1993

RESPONSE by defendants' to John Howard Association Report of September 25, 199i; Notice of filing. (vmj) (Entered: 10/27/1993)

RECAP
734 Nov. 8, 1993

MINUTE ORDER of 11/8/93 by Hon. George M. Marovich: Status hearing held; continued to 13 May 94 at 10:00 a.m. The John Howard Association is to file its report to the Court by April 1, 1994. Defendants' response to the report is to be filed by April 29, 1994. No notice (vmj) (Entered: 11/09/1993)

RECAP
735 Dec. 13, 1993

STATUS REPORT by defendants of 12/13/93; Notice of filing. (fce) (Entered: 12/17/1993)

RECAP
736 Jan. 12, 1994

PETITION by plaintiff Dan Duran for interim fees (Exhibits); Notice of motion. (vmj) (Entered: 01/13/1994)

RECAP
737 Jan. 12, 1994

ORDER regarding plaintiff's petition for interim fees [736-1]. (vmj) (Entered: 01/13/1994)

RECAP
738 Jan. 12, 1994

MINUTE ORDER of 1/12/94 by Hon. George M. Marovich: Granting plaintiff's petition for interim fees [736-1]. Defendants shall pay to plaintiffs' attorneys as interim attorney's fees and costs from March 1, 1992 through December 31, 1993, $83,975.30, to be paid to the Legal Assistance Foundation of Chicago within sixty days. No notice (vmj) (Entered: 01/13/1994)

RECAP
739 Feb. 24, 1994

REPORT of proceedings - status for the following date(s): 11/08/93 Before Honorable George M. Marovich (fce) (Entered: 02/24/1994)

RECAP
740 April 4, 1994

COURT MONITORING REPORT by Michael J. Mahoney (fce) (Entered: 04/05/1994)

RECAP
741 April 29, 1994

STATUS REPORT by defendant Richard Elrod, defendant Winston Moore, defendant Michael Sheahan, defendant Richard J Phelan, defendant C Richard English, defendant Daniel K Davis, defendant Thaddeus Lechowicz, defendant Marie Pappas (jmp) (Entered: 05/04/1994)

RECAP
742 May 13, 1994

MINUTE ORDER of 5/13/94 by Hon. George M. Marovich : Status hearing held; continued to 03/24/95 at 9:00 a.m. The next report of the John Howard Association is to be filed on 02/01/95. Responses to the report are to be filed on 03/01/95. No notice (jmp) (Entered: 05/16/1994)

RECAP
743 Feb. 2, 1995

COURT MONITORING REPORT (jmp) (Entered: 02/03/1995)

RECAP
744 Feb. 9, 1995

TRANSCRIPT of proceedings - status for the following date(s): 05/13/94. Before Honorable George W. Marovich. (jmp) (Entered: 02/09/1995)

RECAP
745 March 22, 1995

SUPPLEMENT to the court monitoring report of 02/01/95 (jmp) (Entered: 03/23/1995)

RECAP
746 March 24, 1995

MINUTE ORDER of 3/24/95 by Hon. George M. Marovich : Status hearing held; continued to 03/08/96 at 9:00 a.m. The next report of the John Howard Association is to be filed on 01/15/96. Responses by plaintiffs and defendants are to be filed on 02/15/96. No notice (jmp) (Entered: 03/27/1995)

RECAP
747 Sept. 1, 1995

TRANSCRIPT of proceedings for the following date(s): 03/24/95. Before Honorable George M. Maraovich. (jmp) (Entered: 09/05/1995)

RECAP
748 Nov. 9, 1995

AGREED MOTION by defendants for protective order ; Notice of motion. (fce) (Entered: 11/13/1995)

RECAP
749 Nov. 9, 1995

PROTECTIVE ORDER (fce) (Entered: 11/13/1995)

RECAP
750 Nov. 9, 1995

MINUTE ORDER of 11/9/95 by Hon. George M. Marovich : Granting defendants' motion for protective order [748-1] Mailed notice (fce) (Entered: 11/13/1995)

RECAP
751 Dec. 14, 1995

PETITION by plaintiff Dan Duran for interim fees (Exhibits); Notice of motion (jmp) (Entered: 12/18/1995)

RECAP
752 Dec. 14, 1995

AFFIDAVIT of Richard Jay Hess regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)

RECAP
753 Dec. 14, 1995

AFFIDAVIT of Ruthanne Dewolfe regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)

RECAP
754 Dec. 14, 1995

AFFIDAVIT of Rebecca Plummer regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)

RECAP
755 Dec. 14, 1995

ORDER regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)

RECAP
756 Dec. 14, 1995

MINUTE ORDER of 12/14/95 by Hon. George M. Marovich : Motion for interim fees [751-1] is granted. Defendant shall pay to plaintiffs' attorneys the sum of $57,391 as fees for the period 01/01/94 through 12/8/95. Mailed notice (jmp) (Entered: 12/18/1995)

RECAP
757 Jan. 19, 1996

COURT MONITORING REPORT by paraties (Attachments) (jmp) (Entered: 01/23/1996)

RECAP
758 Jan. 23, 1996

Document Sealed (pursuant to Court Order) (jmp) (Entered: 01/24/1996)

RECAP
759 Feb. 22, 1996

Document Sealed (pursuant to Court Order) (jmp) (Entered: 02/23/1996)

RECAP
760 Feb. 22, 1996

STATUS REPORT by defendants' Richard Elrod, Winston Moore, Michael Sheahan, Richard J Phelan, C Richard English, Daniel K Davis, Thaddeus Lechowicz, Marie Pappas (jmp) (Entered: 02/23/1996)

RECAP
761 March 8, 1996

MINUTE ORDER of 3/8/96 by Hon. George M. Marovich : Status hearing held; continued to 9:00 a.m. on 03/21/97. The John Howard Associations report of jail conditions and compliance with consent decree is to be filed by 02/07/97. Plaintiffs and defendants are to file responses to that report by 03/07/97. No notice (jmp) Modified on 03/11/1996 (Entered: 03/11/1996)

RECAP
762 July 18, 1996

MOTION by plaintiffs for substitution of Ruthanne DeWolfe, Sally Elson and Richard Jay Hess as counsel for plaintiffs allowing Robert Lehrer and Diane Redleaf to file their appearance as attorneys ; Notice of motion. (yap) (Entered: 07/23/1996)

RECAP
766 July 18, 1996

JOINT MOTION by plaintiffs and defendants to modify the consent decree (Attachments); Notice of motion. (yap) (Entered: 07/23/1996)

RECAP
763 July 23, 1996

ORDER regarding motion for substitution of Ruthanne DeWolfe, Sally Elson and Richard Jay Hess as counsel for plaintiffs allowing Robert Lehrer and Diane Redleaf to file their appearance as attorneys [762-1]. (yap) (Entered: 07/23/1996)

RECAP
764 July 23, 1996

MINUTE ORDER of 7/23/96 by Hon. George M. Marovich: Plaintiffs' motion for substitution of counsel [762-1] is granted. Ruthanne DeWolfe, Sally Elson and Richard Jay Hess are given leave to withdraw as counsel for plaintiffs, except for the sole purpose of collecting any attorneys fees payable in the future of LAFC. Robert Lehrer and Diane Redleaf are given leave to substitute their appearance as attorneys for plaintiffs. Mailed notice (yap) (Entered: 07/23/1996)

RECAP
765 July 23, 1996

ATTORNEY APPEARANCE for all plaintiffs by Robert E. Lehrer, Diane L. Redleaf. (yap) (Entered: 07/23/1996)

RECAP
767 July 23, 1996

ORDER regarding motion to modify the consent decree [766-1] (Attachment). (yap) (Entered: 07/23/1996)

RECAP
768 July 23, 1996

MINUTE ORDER of 7/23/96 by Hon. George M. Marovich : Plaintiffs' and defendants' joint motion to modify the consent decree [766-1] is granted. Mailed notice (yap) (Entered: 07/23/1996)

RECAP
769 Oct. 30, 1996

TRANSCRIPT of proceedings for the following date(s): 3/8/96 Before Honorable George M. Marovich (yap) (Entered: 10/31/1996)

RECAP
770 Jan. 7, 1997

UNOPPOSED MOTION by plaintiff for an award of attorneys' fees (Attachment); Notice of motion (yap) (Entered: 01/16/1997)

RECAP
771 Jan. 15, 1997

MINUTE ORDER of 1/15/97 by Hon. George M. Marovich : Plaintiffs unopposed motion for an award of attorneys' fees [770-1] is granted. Defendants are ordered to pay plaintiffs' attorneys fees in the amount of $4,725.00. Mailed notice (yap) (Entered: 01/16/1997)

RECAP
772 Feb. 7, 1997

AN EVALUATION by plaintiff Dan Duran of the Rooster Management System and staffing patterns at the Cook County Department of Corrections (RESTRICTED) (yap) (Entered: 02/10/1997)

RECAP
773 Feb. 7, 1997

JAIL CONDITIONS by John Howard Association at the Cook County Department of Corrections and compliance with the consent decree to Honorable George M. Marovich dated 2/7/97 (yap) (Entered: 03/03/1997)

RECAP
774 March 7, 1997

STATUS REPORT by defendants (yap) (Entered: 03/07/1997)

RECAP
775 March 7, 1997

STATUS REPORT by defendants (RESTRICTED) (yap) (Entered: 03/10/1997)

RECAP
March 17, 1997

SCHEDULE set on 3/17/97 by Hon. George M. Marovich : Status hearing reset to 11:00 4/4/97 . telephoned notice (fce)

776 March 21, 1997

REPLY by plaintiff to court-appointed monitor's report [757-1] and to defendants' status report [774-1] (Attachments); Notice of filing (yap) (Entered: 03/25/1997)

RECAP
777 April 4, 1997

MINUTE ORDER of 4/4/97 by Hon. George M. Marovich : Status hearing held; continued to 9:00 a.m. on 10/10/97. The John Howard Association will file an interim report to the court on 9/5/97. Plaintiffs and defendants will file simultaneous responses to the report on 9/26/97. No notice (yap) (Entered: 04/07/1997)

RECAP
778 Sept. 26, 1997

(2) MOTION by plaintiff for an order directing defendants to develop a plan assuring the elimination of overcrowding at Cook County Jail within a reasonable time and (1) Response to 9/5/97 Monitor's Report (Exhibits); Notice of filing; Notice of motion (fce) (Entered: 09/29/1997)

RECAP
779 Sept. 26, 1997

9/26/97 STATUS REPORT by defendants; Notice of filing (fce) (Entered: 09/29/1997)

RECAP
780 Oct. 7, 1997

STATEMENT by plaintiff accompanying filing of report of proceedings (Attachment); Notice of filing (fce) (Entered: 10/08/1997)

RECAP
781 Oct. 10, 1997

MINUTE ORDER of 10/10/97 by Hon. George M. Marovich : The John Howard Association is directed to file its written report by 2/6/98. Plaintiffs and defendants are given to 3/6/98 to file their responses. Status hearing held; continued to 4/17/98 at 9:00 a.m. Mailed notice (fce) (Entered: 10/14/1997)

RECAP
782 Dec. 12, 1997

TRANSCRIPT of proceedings for the following date(s): 04/04/97 Before Honorable George M. Marovich. (tlm) (Entered: 12/17/1997)

RECAP
783 Feb. 6, 1998

COURT MONITORING REPORT. (tlm) (Entered: 02/10/1998)

RECAP
784 Feb. 9, 1998

UNOPPOSED MOTION by plaintiff for attorneys' fees pursuant to the prison litigation reform Act ; Notice of motion. (tlm) (Entered: 02/12/1998)

RECAP
785 Feb. 11, 1998

MINUTE ORDER of 2/11/98 by Hon. Harry D. Leinenweber : Plaintiffs' unopposed motion for attorneys' fees pursuant to the Prison Litigation Reform Act granted. [784-1] The defendants are ordered to pay the law firm of Lehrer & Redleaf an award of attorneys' fees of $8,752.25 and an award of $161.81 in costs. Mailed notice (tlm) (Entered: 02/12/1998)

RECAP
786 Feb. 23, 1998

UNCONTESTED MOTION by plaintiff to modify the briefing schedule ; Notice of motion. (tlm) (Entered: 02/25/1998)

RECAP
787 Feb. 25, 1998

MINUTE ORDER of 2/25/98 by Hon. Harry D. Leinenweber : Plaintiffs' motion to modify the briefing schedule granted. [786-1] Plaintiffs are given to 03/20/98 to file their brief. [778-1] Telephoned notice (tlm) (Entered: 02/25/1998)

RECAP
788 March 6, 1998

MARCH 6, 1998 STATUS REPORT by defendants (tlm) (Entered: 03/09/1998)

RECAP
789 March 18, 1998

RESPONSE to Monitor's 02/06/98 Court Monitoring Report and to defendants' response thereto by plaintiff (Exhibits) ; Notice of filing. (tlm) (Entered: 03/19/1998)

RECAP
790 April 17, 1998

MINUTE ORDER of 4/17/98 by Hon. George M. Marovich : Status hearing held & continued to 9:00 a.m. on 10/30/98. Interim report as outlined in open court to be filed by 09/30/98. All responses are to be filed by 10/10/98. No notice (tlm) (Entered: 04/20/1998)

RECAP
791 Sept. 30, 1998

COURT MONITORING REPORT for Judge Marovich by John Howard Association. (tlm) (Entered: 10/01/1998)

RECAP
792 Oct. 2, 1998

MOTION by defendants to strike Section I and Section II(E) of the 09/30/98 Court monitoring report (Attachment); Notice of motion. (tlm) (Entered: 10/08/1998)

RECAP
793 Oct. 7, 1998

MINUTE ORDER of 10/7/98 by Hon. George M. Marovich : Defendant's motion to strike [792-1] is entered and continued to 9:00 a.m. on 10/30/98. No notice (tlm) (Entered: 10/08/1998)

RECAP
794 Oct. 7, 1998

TRANSCRIPT of proceedings for the following date(s): 10/10/97 & 04/17/98 Before Honorable George M. Marovich (2 vols. Nos. 794-I and 794-II). (tlm) (Entered: 10/08/1998)

RECAP
Oct. 30, 1998

SCHEDULE set on 10/30/98 by Hon. George M. Marovich : Status hearing held and continued to 9:00 am on 12/21/98 . Mailed notice (jms)

795 Nov. 20, 1998

NOTICE of filing status report by defendants. (tlm) (Entered: 11/24/1998)

RECAP
796 Nov. 23, 1998

NOVEMBER 20, 1998 STATUS REPORT by defendants. (tlm) (Entered: 11/25/1998)

RECAP
797 Dec. 4, 1998

RESPONSE by plaintiffs to defendants' November 10, 1998 status report; Notice of filing; (Exhibits). (srb) (Entered: 12/07/1998)

RECAP
798 Dec. 21, 1998

MINUTE ORDER of 12/21/98 by Hon. George M. Marovich : Status hearing held and continued to 9/27/99 at 9:00 a.m. Plaintiff is to file a report by 9/1/99. Response is due 9/15/99. Reply is due 9/22/99. No notice (yap) (Entered: 12/23/1998)

RECAP
799 March 4, 1999

NOTICE by plaintiff of change of address (tlm) (Entered: 03/08/1999)

RECAP
801 March 10, 1999

UNOPPOSED MOTION by plaintiffs for attorney fees, pursuant to the Prison Litigation Reform Act ; Notice of motion. (tlm) (Entered: 03/24/1999)

RECAP
800 March 16, 1999

TRANSCRIPT of proceedings for the following date(s): 12/21/98 Before Honorable George M. Marovich. (tlm) (Entered: 03/17/1999)

RECAP
802 March 23, 1999

MINUTE ORDER of 3/23/99 by Hon. George M. Marovich : Plaintiffs' motion for attorneys' fees is granted. [801-1] No notice (tlm) (Entered: 03/24/1999)

RECAP
803 Sept. 15, 1999

AGREED MOTION by Michael Sheahan, Velasco to extend the time of the defendants' response to the court monitor's status report ; Notice. (tlm) (Entered: 09/24/1999)

RECAP
804 Sept. 22, 1999

MINUTE ORDER of 9/22/99 by Hon. George M. Marovich : Agreed motion to extend the time of the defendants' response to the court monitor's status report is granted . [803-1] Defendant to file report by 10/15/99. Plaintiff to submit reply by 10/29/99. Status hearing held & continued to 9:30 11/4/99. Status hearing set for 09/27/99 stricken. Mailed notice (tlm) (Entered: 09/24/1999)

RECAP
805 Oct. 15, 1999

OCTOBER 15, 1999 STATUS REPORT by defendants; Notice. (tlm) (Entered: 10/20/1999)

RECAP
806 Oct. 28, 1999

RESPONSE by Dan Duran to defendants' October 16, 1999 status report and to John Howard Association monitoring report (Attachment); Notice (jmp) (Entered: 11/01/1999)

RECAP
Nov. 4, 1999

SCHEDULE set on 11/4/99 by Hon. George M. Marovich : Status hearing held and continued to 9:30 5/10/00 . Report as stated in open court due by 4/10/00. Mailed notice (jlj)

Feb. 1, 2000

SCHEDULE set on 2/1/00 by Hon. George M. Marovich : Status hearing reset to 10:00 2/15/00 . Status hearing set for 5/10/00 stricken. Parties are directed to submit a joint status report to chambers on or before 2/10/00. Mailed notice (jlj)

807 Feb. 7, 2000

JOINT STATUS REPORT parties; Notice (dj) (Entered: 02/08/2000)

RECAP
Feb. 10, 2000

SCHEDULE set on 2/10/00 by Hon. George M. Marovich : Due to a medical emergency, status hearing set for 2/15/00 is stricken and will be reset to a later date. Parties are directed to submit a joint status report by 2/25/00. Mailed notice (jlj)

808 March 2, 2000

JOINT MOTION by parties to reset date for filing report by court monitor and to reset status hearing date ; Notice (meg) (Entered: 03/03/2000)

RECAP
809 March 2, 2000

UNOPPOSED MOTION by plaintiff for attorney fees, pursuant to the prison litigation reform act ; Notice (meg) (Entered: 03/03/2000)

RECAP
810 March 6, 2000

MINUTE ORDER of 3/6/00 by Hon. George M. Marovich : Parties joint motion to reset date for filing report by court monitor [808-1] and reset status hearing date is granted [808-2]. JHA to file its next monitoring report by 05/10/00. Defendants to file response by 06/09/00; reply due by 06/23/00. The court will set a status at a later date. Plaintiff's unopposed motion for attorney fees, pursuant to the prison litigation reform act [809-1] is granted [809-1]. Under the PLRA, and consistently with the limitations on hourly fees rates taht PLRA sets forth, plaintiffs attorneys are entitled to an award of $1,995.50 for their work on this case during calendar 1998. They are also entitled to an award of $5.84 in costs for a total of $2,001.34. Mailed notice (jmp) (Entered: 03/08/2000)

RECAP
811 April 17, 2000

UNOPPOSED MOTION by plaintiff for a finding that No. 00C1215 (Armstrong v. Harrington) is related to No. 74C2949 (Duran v. Sheahan) and should be reassigned to this court's calendar (Attachments); Notice. (tlm) (Entered: 04/18/2000)

RECAP
812 May 1, 2000

MINUTE ORDER of 5/1/00 by Hon. George M. Marovich : Unopposed motion for a finding that No. 00C1215 (Armstrong v. Harrington) is related to No. 74C2949 (Duran v. Sheahan) [811-1] and should be reassigned to this court's calendar is granted [811-2]. Status hearing set for 05/10/00 stricken and reset to 9:30 a.m. on 7/5/00. Mailed notice (tlm) (Entered: 05/02/2000)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 11, 1974

Closing Date: Nov. 30, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pretrial detainees in the custody of the Cook County, Illinois

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Cook County

Cook County

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Northern District of Illinois 1:74-cv-02949

U.S. Court of Appeals for the Seventh Circuit 85-01534

U.S. Court of Appeals for the Seventh Circuit 83-01574

Supreme Court of the United States 83-1082

U.S. Court of Appeals for the Seventh Circuit 75-01898

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Reporting

Amount Defendant Pays: 185,416

Order Duration: 1982 - 2011

Issues

General/Misc.:

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Crowding: Pre-PLRA Population Cap

Law library access

Recreation / Exercise

Visiting

Recommended Citation