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: 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)

Fairchild, Thomas Edward (Wisconsin)

Grant, Robert Allen (Illinois)

Kendall, Virginia Mary (Illinois)

Marovich, George Michael (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

DeWolfe, Ruthanne (Illinois)

Elson, Sally T. (Illinois)

Fox, Michele Marion (Illinois)

Glassman, Jeremiah (District of Columbia)

Judge(s)

Fairchild, Thomas Edward (Wisconsin)

Grant, Robert Allen (Illinois)

Kendall, Virginia Mary (Illinois)

Marovich, George Michael (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

DeWolfe, Ruthanne (Illinois)

Elson, Sally T. (Illinois)

Fox, Michele Marion (Illinois)

Glassman, Jeremiah (District of Columbia)

Grippando, Thomas J. (Illinois)

Haugen, Gary A. (District of Columbia)

Hess, Richard Jay (Illinois)

Lehrer, Robert E. (Illinois)

Redleaf, Diane L. (Illinois)

Snelling, Phillip H. (Illinois)

Attorneys(s) for Defendant

Colman, Jeffrey D. (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Gallagher, Daniel Francis (Illinois)

Guolee, Terrence Franklin (Illinois)

Hauser, Henry A. (Illinois)

Kowalczyk, Lawrence S. (Illinois)

Lanzito, Dominick L. (Illinois)

Luchtenburg, Russell J. (Illinois)

Lyons, Robert Francis (Illinois)

McConnell, Stephen J. (Pennsylvania)

Oberts, William B. (Illinois)

O'Grady, Paul A (Illinois)

Parte, Cecil A. (Illinois)

Pechous, Donald J. (Illinois)

Stasica, Lawrence R. (Illinois)

Sullivan, Thomas P. (Illinois)

Theobald, Edward R. (Illinois)

Weinstein, Frederic B. (Illinois)

Other Attorney(s)

Johnson, Patrick Walter (Illinois)

Partee, Tracey Patricia (Colorado)

Documents in the Clearinghouse

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

542 F.2d 998

Oct. 22, 1976

Oct. 22, 1976

Order/Opinion

83-01574

Opinion

U. S. Court of Appeals for the Seventh Circuit

713 F.2d 292

Oct. 6, 1983

Oct. 6, 1983

Order/Opinion

83-01082

Memorandum Decision

Elrod v. Duran

Supreme Court of the United States

465 U.S. 1108, 104 S.Ct. 1615, 80 L.Ed.2d 143

March 19, 1984

March 19, 1984

Order/Opinion

85-01534

Reported Opinion

U. S. Court of Appeals for the Seventh Circuit

760 F.2d 756

April 26, 1985

April 26, 1985

Order/Opinion
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

Resources

Docket

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

Last updated June 9, 2022, 3:15 a.m.

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
758

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

Jan. 23, 1996

Jan. 23, 1996

PACER
759

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

Feb. 22, 1996

Feb. 22, 1996

PACER
760

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)

Feb. 22, 1996

Feb. 22, 1996

PACER
761

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)

March 8, 1996

March 8, 1996

PACER
762

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)

July 18, 1996

July 18, 1996

PACER
766

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

July 18, 1996

July 18, 1996

PACER
763

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)

July 23, 1996

July 23, 1996

PACER
764

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)

July 23, 1996

July 23, 1996

PACER
765

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

July 23, 1996

July 23, 1996

PACER
767

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

July 23, 1996

July 23, 1996

PACER
768

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)

July 23, 1996

July 23, 1996

PACER
769

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

Oct. 30, 1996

Oct. 30, 1996

PACER
770

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

Jan. 7, 1997

Jan. 7, 1997

PACER
771

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)

Jan. 15, 1997

Jan. 15, 1997

PACER
772

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)

Feb. 7, 1997

Feb. 7, 1997

PACER
773

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)

Feb. 7, 1997

Feb. 7, 1997

PACER
774

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

March 7, 1997

March 7, 1997

PACER
775

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

March 7, 1997

March 7, 1997

PACER

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

March 17, 1997

March 17, 1997

PACER
776

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)

March 21, 1997

March 21, 1997

PACER
777

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)

April 4, 1997

April 4, 1997

PACER
778

(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)

Sept. 26, 1997

Sept. 26, 1997

PACER
779

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

Sept. 26, 1997

Sept. 26, 1997

PACER
780

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

Oct. 7, 1997

Oct. 7, 1997

PACER
781

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)

Oct. 10, 1997

Oct. 10, 1997

PACER
782

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

Dec. 12, 1997

Dec. 12, 1997

PACER
783

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

Feb. 6, 1998

Feb. 6, 1998

PACER
784

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

Feb. 9, 1998

Feb. 9, 1998

PACER
785

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)

Feb. 11, 1998

Feb. 11, 1998

PACER
786

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

Feb. 23, 1998

Feb. 23, 1998

PACER
787

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)

Feb. 25, 1998

Feb. 25, 1998

PACER
788

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

March 6, 1998

March 6, 1998

PACER
789

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)

March 18, 1998

March 18, 1998

PACER
790

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)

April 17, 1998

April 17, 1998

PACER
791

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

Sept. 30, 1998

Sept. 30, 1998

PACER
792

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)

Oct. 2, 1998

Oct. 2, 1998

PACER
793

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)

Oct. 7, 1998

Oct. 7, 1998

PACER
794

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)

Oct. 7, 1998

Oct. 7, 1998

PACER

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)

Oct. 30, 1998

Oct. 30, 1998

PACER
795

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

Nov. 20, 1998

Nov. 20, 1998

PACER
796

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

Nov. 23, 1998

Nov. 23, 1998

PACER
797

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

Dec. 4, 1998

Dec. 4, 1998

PACER
798

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)

Dec. 21, 1998

Dec. 21, 1998

PACER
799

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

March 4, 1999

March 4, 1999

PACER
801

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

March 10, 1999

March 10, 1999

PACER
800

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

March 16, 1999

March 16, 1999

PACER
802

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)

March 23, 1999

March 23, 1999

PACER
803

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)

Sept. 15, 1999

Sept. 15, 1999

PACER
804

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)

Sept. 22, 1999

Sept. 22, 1999

PACER
805

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

Oct. 15, 1999

Oct. 15, 1999

PACER
806

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)

Oct. 28, 1999

Oct. 28, 1999

PACER

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)

Nov. 4, 1999

Nov. 4, 1999

PACER

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)

Feb. 1, 2000

Feb. 1, 2000

PACER
807

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

Feb. 7, 2000

Feb. 7, 2000

PACER

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)

Feb. 10, 2000

Feb. 10, 2000

PACER
808

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)

March 2, 2000

March 2, 2000

PACER
809

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

March 2, 2000

March 2, 2000

PACER
810

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)

March 6, 2000

March 6, 2000

PACER
811

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)

April 17, 2000

April 17, 2000

PACER
812

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)

May 1, 2000

May 1, 2000

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 11, 1974

Closing Date: 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

Cook County (Cook), County

Cook County (Cook), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 185,416

Order Duration: 1982 - 2011

Content of Injunction:

Monitor/Master

Reporting

Issues

General:

Food service / nutrition / hydration

Law library access

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Type of Facility:

Government-run