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 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.

	Document
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

ECF Number	Description	Date	Link Date / Link
717	TRANSCRIPT of proceedings for the following date(s): 03/19/93 Before Honorable George M. Marovich. (vmj) (Entered: 06/28/1993)	June 25, 1993	June 25, 1993 PACER
718	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)	June 29, 1993	June 29, 1993 PACER
719	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)	June 29, 1993	June 29, 1993 PACER
720	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)	July 1, 1993	July 1, 1993 PACER
721	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)	July 14, 1993	July 14, 1993 PACER
722	SUPPLEMENTAL report by defendants'. (vmj) (Entered: 08/03/1993)	Aug. 2, 1993	Aug. 2, 1993 PACER
723	NOTICE of filing by defendants' regarding supplemental report [722-1]. (vmj) (Entered: 08/03/1993)	Aug. 2, 1993	Aug. 2, 1993 PACER
726	Document Sealed (pursuant to Court Order of 8/4/93) (vmj) (Entered: 08/06/1993)	Aug. 2, 1993	Aug. 2, 1993 PACER
725	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)	Aug. 4, 1993	Aug. 4, 1993 PACER
728	Document Sealed (pursuant to Court Order) (vmj) (Entered: 09/24/1993)	Sept. 15, 1993	Sept. 15, 1993 PACER
727	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)	Sept. 16, 1993	Sept. 16, 1993 PACER
729	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)	Sept. 23, 1993	Sept. 23, 1993 PACER
730	COURT monitoring report from the John Howard Assn. (vmj) (Entered: 09/28/1993)	Sept. 24, 1993	Sept. 24, 1993 PACER
731	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)	Oct. 18, 1993	Oct. 18, 1993 PACER
732	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)	Oct. 20, 1993	Oct. 20, 1993 PACER
733	RESPONSE by defendants' to John Howard Association Report of September 25, 199i; Notice of filing. (vmj) (Entered: 10/27/1993)	Oct. 25, 1993	Oct. 25, 1993 PACER
734	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)	Nov. 8, 1993	Nov. 8, 1993 PACER
735	STATUS REPORT by defendants of 12/13/93; Notice of filing. (fce) (Entered: 12/17/1993)	Dec. 13, 1993	Dec. 13, 1993 PACER
736	PETITION by plaintiff Dan Duran for interim fees (Exhibits); Notice of motion. (vmj) (Entered: 01/13/1994)	Jan. 12, 1994	Jan. 12, 1994 PACER
737	ORDER regarding plaintiff's petition for interim fees [736-1]. (vmj) (Entered: 01/13/1994)	Jan. 12, 1994	Jan. 12, 1994 PACER
738	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)	Jan. 12, 1994	Jan. 12, 1994 PACER
739	REPORT of proceedings - status for the following date(s): 11/08/93 Before Honorable George M. Marovich (fce) (Entered: 02/24/1994)	Feb. 24, 1994	Feb. 24, 1994 PACER
740	COURT MONITORING REPORT by Michael J. Mahoney (fce) (Entered: 04/05/1994)	April 4, 1994	April 4, 1994 PACER
741	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)	April 29, 1994	April 29, 1994 PACER
742	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)	May 13, 1994	May 13, 1994 PACER
743	COURT MONITORING REPORT (jmp) (Entered: 02/03/1995)	Feb. 2, 1995	Feb. 2, 1995 PACER
744	TRANSCRIPT of proceedings - status for the following date(s): 05/13/94. Before Honorable George W. Marovich. (jmp) (Entered: 02/09/1995)	Feb. 9, 1995	Feb. 9, 1995 PACER
745	SUPPLEMENT to the court monitoring report of 02/01/95 (jmp) (Entered: 03/23/1995)	March 22, 1995	March 22, 1995 PACER
746	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)	March 24, 1995	March 24, 1995 PACER
747	TRANSCRIPT of proceedings for the following date(s): 03/24/95. Before Honorable George M. Maraovich. (jmp) (Entered: 09/05/1995)	Sept. 1, 1995	Sept. 1, 1995 PACER
748	AGREED MOTION by defendants for protective order ; Notice of motion. (fce) (Entered: 11/13/1995)	Nov. 9, 1995	Nov. 9, 1995 PACER
749	PROTECTIVE ORDER (fce) (Entered: 11/13/1995)	Nov. 9, 1995	Nov. 9, 1995 PACER
750	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)	Nov. 9, 1995	Nov. 9, 1995 PACER
751	PETITION by plaintiff Dan Duran for interim fees (Exhibits); Notice of motion (jmp) (Entered: 12/18/1995)	Dec. 14, 1995	Dec. 14, 1995 PACER
752	AFFIDAVIT of Richard Jay Hess regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)	Dec. 14, 1995	Dec. 14, 1995 PACER
753	AFFIDAVIT of Ruthanne Dewolfe regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)	Dec. 14, 1995	Dec. 14, 1995 PACER
754	AFFIDAVIT of Rebecca Plummer regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)	Dec. 14, 1995	Dec. 14, 1995 PACER
755	ORDER regarding motion for interim fees [751-1] (jmp) (Entered: 12/18/1995)	Dec. 14, 1995	Dec. 14, 1995 PACER
756	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)	Dec. 14, 1995	Dec. 14, 1995 PACER
757	COURT MONITORING REPORT by paraties (Attachments) (jmp) (Entered: 01/23/1996)	Jan. 19, 1996	Jan. 19, 1996 PACER

Case: Duran v. Elrod

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

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Case Details