Case: Harrington v. Devito

1:74-cv-03290 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 14, 1974

Closed Date: Nov. 30, 2011

Clearinghouse coding complete

Case Summary

Pretrial detainees, incarcerated in Cook County, Illinois, were in need of mental health care; they brought this suit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §1983 alleging that state and county officials failed to provide it. After several years of negotiations under court supervision, the parties settled the case by consent order (the "Agreed Order") in 1978. Among other things, the Agreed Order ordered the Defendants to follow certain procedures respe…

Pretrial detainees, incarcerated in Cook County, Illinois, were in need of mental health care; they brought this suit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §1983 alleging that state and county officials failed to provide it. After several years of negotiations under court supervision, the parties settled the case by consent order (the "Agreed Order") in 1978. Among other things, the Agreed Order ordered the Defendants to follow certain procedures respecting the screening of plaintiff class members for mental illness and the treatment of class members for mental illness; to ensure that such screening and treatment were provided by qualified personnel; and to ensure adequate security staffing for mental health treatment units.

On October 19, 1979, the U.S. District Court for the Northern District of Illinois (Judge Frank J. McGarr) awarded the plaintiffs $25,000 in attorneys' fees pursuant to 42 U.S.C. §1988. Judge McGarr held that the pretrial detainees had prevailed against all of the defendants. After subsequent litigation to determine the allocation of payment of the attorneys' fees, the district court ordered Cook County to pay 80% and the state to pay 20% of the fee award.

Illinois officials appealed, arguing that the allocation of 20% of the attorneys' fee award against the state constituted an abuse of discretion. The Seventh Circuit Court of Appeals (Judge Wilbur Frank Pell, Jr.) affirmed the district court's decision, holding that the state Department of Mental Health had participated in the settlement agreement and had taken certain steps to alleviate deficiencies in the mental health treatment of pretrial detainees as a result of their lawsuit. Harrington v. DeVito, 656 F.2d 264 (7th Cir. 1981). Therefore, the pretrial detainees had prevailed against the state defendants, justifying the award of attorneys' fees. The Court also found that the apportionment of 20% of the attorneys' fee award against the state did not constitute an abuse of discretion.

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 1997, by which time the case was before Judge James B. Zogel. It shows litigation from 1997 through 2000 concerning compliance with the court's order and attorney fee awards. In 2003, the State Department of Human Services moved to terminate the part of the consent decree that governed its conduct. This motion was granted on July 7, 2004.

No further litigation occurred until September 2009 when another detainee moved to intervene but was denied the motion for being untimely. After another lull in litigation, the parties moved for voluntary dismissal of the case, with prejudice.

The motion to dismiss explained that on May 13, 2010, the United States, had filed United States v. Cook County, 10-cv-2946 (N.D. Ill.), involving the same jail, under the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997 ("CRIPA"); along with the complaint, the parties filed a settlement, which the district court approved on May 26, 2010. (The U.S. v. Cook County case is JC-IL-0048 in this Clearinghouse; there's much more detail in that case record.) In Harrington (and Duran, another case about the same jail--see JC-IL-0002 in this Clearinghouse), the parties explained to the court that the U.S. v. Cook County order was substantially more comprehensive than the extant court orders, and secured for the plaintiff classes all the relief those earlier orders could have gotten them, plus more. In addition, they said, "the Consent Decree in Duran and Agreed Order in Harrington also threaten[] to complicate enforcement of the 2010 Agreed Order and the 2011 Supplementary Orders in United States v. Cook County." Accordingly, they sought final dismissal of the older cases. The Court agreed on November 30, 2011. The case is now closed.

Summary Authors

Kristen Sagar (5/24/2007)

Virginia Weeks (10/17/2016)

Related Cases

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

People


Judge(s)

Kendall, Virginia Mary (Illinois)

Pell, Wilbur Frank Jr. (Indiana)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Dienner, John A. III (Illinois)

Elson, Sally T. (Illinois)

Lehrer, Robert E. (Illinois)

McConnell, Stephen J. (Pennsylvania)

Redleaf, Diane L. (Illinois)

Yannella, Phillip Neil (Pennsylvania)

Attorneys(s) for Defendant

Blanchard, Patrick Malone (Illinois)

Judge(s)

Kendall, Virginia Mary (Illinois)

Pell, Wilbur Frank Jr. (Indiana)

Zagel, James Block (Illinois)

Attorneys(s) for Plaintiff

Dienner, John A. III (Illinois)

Elson, Sally T. (Illinois)

Lehrer, Robert E. (Illinois)

McConnell, Stephen J. (Pennsylvania)

Redleaf, Diane L. (Illinois)

Yannella, Phillip Neil (Pennsylvania)

Attorneys(s) for Defendant

Blanchard, Patrick Malone (Illinois)

Gallagher, Daniel Francis (Illinois)

Konieczny, Karen (Illinois)

Other Attorney(s)

Ioppolo, Thomas A. (Illinois)

Documents in the Clearinghouse

Document

1:74-cv-03290

Docket (PACER)

Harrington v. Sheahan

Nov. 30, 2011

Nov. 30, 2011

Docket

80-02070

Reported Opinion

U. S. Court of Appeals for the Seventh Circuit

656 F.2d 264

Aug. 10, 1981

Aug. 10, 1981

Order/Opinion
38

1:74-cv-03290

Plaintiffs' Agreed Motion for Attorneys' Fees and Costs, Pursuant to the Prison Litigation Reform Act

Harrington v. Sheahan

Sept. 21, 2004

Sept. 21, 2004

Pleading / Motion / Brief
43

1:74-cv-03290

Motion [by Defendant Michael Sheahan to dismiss - Defendants' Motion for an Order]

Harrington v. Sheahan

June 2, 2011

June 2, 2011

Pleading / Motion / Brief
46

1:74-cv-03290

Order [Tentatively approving the voluntary dismissal of Duran and Harrington as fair, reasonable and adequate]

Harrington v. Sheahan

June 8, 2011

June 8, 2011

Order/Opinion
49

1:74-cv-03290

Memorandum [by Gary Harrington Respecting the Proposed Voluntary Dismissal]

Harrington v. Sheahan

Aug. 12, 2011

Aug. 12, 2011

Pleading / Motion / Brief
52

1:74-cv-03290

Notice [by Michael Sheahan re Response, 51 - Defendants' Joint Response to Plaintiffs' Memorandum in Support of the Proposed Voluntary Dismissal of These Cases and Reply to the Responses of Plaintiff Class Members]

Harrington v. Sheahan

Aug. 17, 2011

Aug. 17, 2011

Notice Letter
51

1:74-cv-03290

Response [by Defendant Michael Sheahan to memorandum 49 - Defendants' Joint Response to Plaintiffs' Memorandum in Support of the Proposed Voluntary Dismissal of These Cases and Reply to the Responses of Plaintiff Class Members]

Harrington v. Sheahan

Aug. 17, 2011

Aug. 17, 2011

Pleading / Motion / Brief
60

1:74-cv-03290

Order [Signed by the Honorable Virginia M. Kendall]

Harrington v. Sheahan

Nov. 30, 2011

Nov. 30, 2011

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by plaintiff for court appointment of an additional expert to assess defendants' compliance with the court's orders, , and for an order directing payment of expenses of the additional expert (Exhibits); Notice of motion (lal) (Entered: 11/20/1997)

Nov. 3, 1997

Nov. 3, 1997

2

MINUTE ORDER of 11/6/97 by Hon. James B. Zagel : Plaintiff's motion for Court appointment of an additional expert to assess defendants' compliance with the court's orders and for an order directing payment of expenses of the additional expert granted. [1 − 1], [1 − 2] Charles Fasano of the John Howard Association is appointed as an additional expert for the limited purposes of assisting Jeffrey L. Metzner, M.D. The County defendants shall pay for the costs and reasonable expenses for the professional services of Mr. Fasano. Mailed notice (lal) (Entered: 11/20/1997)

Nov. 6, 1997

Nov. 6, 1997

3

JOINT STATUS REPORT respecting: (1) court − appointed experts' inspection of Cermak Mental Health Facility; and (2) The Consent Decree; Notice of filing. (vmj) (Entered: 02/27/1998)

Feb. 26, 1998

Feb. 26, 1998

4

MOTION by plaintiffs' for attorneys' fees, pursuant to the prison litigation reform act ; Notice of motion. (Temporarily unavailable for docketing) (vmj) (Entered: 03/11/1998)

Feb. 26, 1998

Feb. 26, 1998

SCHEDULE set on 3/2/98 by Hon. James B. Zagel : Motion for attorneys' fees hearing set for 10:15 3/3/98 . No notice (drw) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

5

MINUTE ORDER of 3/3/98 by Hon. James B. Zagel: Plaintiffs' motion for attorneys' fees, pursuant to the prison litigation reform act is granted [4 − 1]. Mailed notice (vmj) (Entered: 03/11/1998)

March 3, 1998

March 3, 1998

SCHEDULE set on 7/29/98 by Hon. James B. Zagel : Motion for leave to file hearing set for 10:15 8/4/98 . Motion notice (drw) (Entered: 08/03/1998)

July 29, 1998

July 29, 1998

6

MOTION by plaintiff for leave to file written status report , to present an oral status report and to set periodic status hearings in the case ; Notice of motion. (vmj) (Entered: 08/07/1998)

July 29, 1998

July 29, 1998

8

STATUS REPORT regarding experts' reports, defendants' response, ongoing assessments and compliance with agreed order by plaintiff. (vmj) (Entered: 08/07/1998)

July 29, 1998

July 29, 1998

SCHEDULE set on 8/4/98 by Hon. James B. Zagel : Status hearing set to 10:00 5/5/99 . In court notice (drw) (Entered: 08/06/1998)

Aug. 4, 1998

Aug. 4, 1998

NOTICE by Robert E Lehrer of change of address. (Original filed in 74 C 2949) (vmj) Modified on 03/08/1999 (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

SCHEDULE set on 3/10/99 by Hon. James B. Zagel : Noticed motion for attorneys' fees set for 10:15 3/23/99 No notice (drw) (Entered: 03/22/1999)

March 10, 1999

March 10, 1999

9

UNOPPOSED MOTION by plaintiff for attorneys' fees, pursuant to the prison litigation reform act ; Notice of motion. (vmj) (Entered: 03/30/1999)

March 10, 1999

March 10, 1999

10

MINUTE ORDER of 3/23/99 by Hon. James B. Zagel: Plaintiffs' unopposed motion for attorneys' fees, pursuant to the prison litigation reform act is granted [9 − 1]. Attorney's fees are awarded in the amount of $7,938.00 and costs of $48.02 to Lehrer and Redleaf. Mailed notice (vmj) (Entered: 03/30/1999)

March 23, 1999

March 23, 1999

SCHEDULE set on 4/19/99 by Hon. James B. Zagel : Status hearing set for 5/5/99 reset to 10:00 5/26/99 . Mailed notice (drw) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

SCHEDULE set on 5/26/99 by Hon. James B. Zagel : Status hearing held and continued to 10:00 11/17/99 . No notice (drw) (Entered: 06/06/1999)

May 26, 1999

May 26, 1999

11

RESPONSE by plaintiff to court appointed experts' reports with principal parties joint request to set a status hearing on defendants' compliance efforts (Attachments); Notice (fce) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

11

JOINT REQUEST by principal parties to set a status hearing on defendants' compliance efforts with plaintiffs' response to court appointed experts' reports (Attachments) Notice (fce) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

SCHEDULE set on 11/17/99 by Hon. James B. Zagel : Status hearing held and continued to 10:00 2/16/00 . No notice (drw) (Entered: 11/22/1999)

Nov. 17, 1999

Nov. 17, 1999

12

MINUTE ORDER of 1/20/00 by Hon. James B. Zagel: Motion to set a status hearing is granted. [11 − 1] No notice (dj) (Entered: 01/24/2000)

Jan. 20, 2000

Jan. 20, 2000

14

UNOPPOSED MOTION by plaintiffs for attorneys' fees and for costs pursuant to the prison litigation reform act ; Notice (dj) Modified on 03/09/2000 (Entered: 03/06/2000)

Feb. 11, 2000

Feb. 11, 2000

13

STATUS REPORT by defendant; Notice (yap) (Entered: 02/16/2000)

Feb. 15, 2000

Feb. 15, 2000

SCHEDULE set on 2/16/00 by Hon. James B. Zagel : Status hearing held and continued to 10:00 4/26/00 . No notice (drw) (Entered: 02/25/2000)

Feb. 16, 2000

Feb. 16, 2000

15

MINUTE ORDER of 2/16/00 by Hon. James B. Zagel: Unopposed motion for attorneys' fees and costs are granted. [14 − 1] [14 − 2] Fees and costs are awarded in the amount of $3,695.50 to plaintiffs attorneys. No notice (dj) (Entered: 03/06/2000)

Feb. 16, 2000

Feb. 16, 2000

SCHEDULE set on 4/26/00 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/20/00 . No notice (tlp) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

SCHEDULE set on 4/27/00 by Hon. James B. Zagel : Status hearing reset to 10:00 7/20/00 . Mailed notice (drw) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

SCHEDULE set on 7/20/00 by Hon. James B. Zagel : Status hearing held and continued to 10:00 9/21/00 . No notice (drw) (Entered: 07/25/2000)

July 20, 2000

July 20, 2000

SCHEDULE set on 9/20/00 by Hon. James B. Zagel : Status hearing reset to 10:00 10/23/00 . Mailed notice (drw) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

SCHEDULE set on 10/23/00 by Hon. James B. Zagel : Status hearing held and continued to 10:00 12/5/00 . No notice (drw) (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

SCHEDULE set on 12/5/00 by Hon. James B. Zagel : Status hearing held and ccntinued to 10:00 1/23/01 . No notice (drw) (Entered: 12/12/2000)

Dec. 5, 2000

Dec. 5, 2000

SCHEDULE set on 3/1/01 by Hon. James B. Zagel : Status hearing reset to 10:00 3/21/01 . Telephone notice (drw) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

16

UNOPPOSED MOTION by plaintiffs for attorneys' fees and costs, pursuant to the Prison Litigation Reform Act ; Notice. (maf) (Entered: 03/22/2001)

March 5, 2001

March 5, 2001

SCHEDULE set on 3/21/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 4/11/01 . No notice (drw) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

17

MINUTE ORDER of 3/21/01 by Hon. James B. Zagel : Plaintiff's unopposed motion for attorneys' fees and costs, pursuant to the Prison Litigation Reform Act is granted [16 − 1]. Plaintiff's attorneys are awarded fees and costs in the total amount of $16,638.15 for the work done in the calendar year 2000. Mailed notice (maf) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

SCHEDULE set on 4/11/01 by Hon. James B. Zagel : Status hearing reset to 10:00 5/2/01 . Mailed notice (drw) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

SCHEDULE set on 4/23/01 by Hon. James B. Zagel : Status hearing reset to 10:00 5/7/01 . Mailed notice (drw) (Entered: 04/23/2001)

April 23, 2001

April 23, 2001

SCHEDULE set on 4/27/01 by Hon. James B. Zagel : Status hearing reset to 10:00 5/8/01 . Mailed notice (drw) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

SCHEDULE set on 5/8/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 7/9/01 . No notice (drw) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

SCHEDULE set on 7/5/01 by Hon. James B. Zagel : Status hearing reset to 10:00 8/20/01 . Telephone notice (drw) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

SCHEDULE set on 8/17/01 by Hon. James B. Zagel : Status hearing reset to 1:30 8/20/01 . Telephone notice (drw) (Entered: 08/17/2001)

Aug. 17, 2001

Aug. 17, 2001

SCHEDULE set on 8/17/01 by Hon. James B. Zagel : Status hearing reset to 10:00 10/2/01 . Telephone notice (drw) (Entered: 08/17/2001)

Aug. 17, 2001

Aug. 17, 2001

SCHEDULE set on 10/10/01 by Hon. James B. Zagel : Status hearing reset to 10:00 10/29/01 . Mailed notice (drw) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

SCHEDULE set on 10/29/01 by Hon. James B. Zagel : Status hearing held in chambers. No notice (drw) (Entered: 10/29/2001)

Oct. 29, 2001

Oct. 29, 2001

18

UNOPPOSED MOTION by plaintiff for attorneys' fees and costs pursuant to the Prison Litigation Reform Act ; Notice (rmm) (Entered: 04/12/2002)

March 28, 2002

March 28, 2002

19

MINUTE ORDER of 4/9/02 by Hon. James B. Zagel: Filed plaintiffs' unopposed motion for fees and costs [18 − 1]. Motion granted. Attorneys fees in the amount $7,458.75 and an award of $7.00 in costs are warded to the law firm of Lehrer &Readleaf. Mailed notice (rmm) (Entered: 04/12/2002)

April 9, 2002

April 9, 2002

20

UNOPPOSED MOTION by plaintiff for attorney fees and costs, pursuant to the Prison Litigation Reform Act ; Notice (cdy) (Entered: 04/16/2003)

April 8, 2003

April 8, 2003

21

MINUTE ORDER of 4/10/03 by Hon. James B. Zagel: Plaintiff's unopposed motion for attorneys' fees and costs, pursuant to the Prison Litigation Reform Act [20 − 1], is granted. Telephoned notice (cdy) (Entered: 04/16/2003)

April 10, 2003

April 10, 2003

22

MOTION by Carol Adams, Ph.D., to terminate Consent Decree as to the state defendant, The Secretary of the Illinois Department of Human Services ; Memorandum of law in support (Attachments); Notice (ar) (Entered: 09/15/2003)

Sept. 2, 2003

Sept. 2, 2003

23

MINUTE ORDER of 9/9/03 by Hon. James B. Zagel : Status hearing set for 10:00 a.m. on 11/17/03. Carol Adams' motion to terminate Consent Decree as to the state defendant, The Secretary of the Illinois Department of Human Services [22 − 1], entered and continued generally. No notice (ar) (Entered: 09/15/2003)

Sept. 9, 2003

Sept. 9, 2003

24

MINUTE ORDER of 11/17/03 by Hon. James B. Zagel : (Entered Agreed Order.) Mailed notice (aga) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

25

MOTION by movant for leave to file supplemental authority (Attachment); Notice. (air) (Entered: 01/28/2004)

Jan. 15, 2004

Jan. 15, 2004

SCHEDULE set on 1/21/04 by Hon. James B. Zagel : Status hearing held. No notice (drw) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

26

MINUTE ORDER of 1/22/04 by Hon. James B. Zagel: Defendant's motion for leave to file supplemental authority is granted [25 − 1]. No notice (air) (Entered: 01/28/2004)

Jan. 22, 2004

Jan. 22, 2004

27

MOTION by plaintiff to advise the court of pending proceedings related to this case, including the possibility that leave to file a supplemental complaint here may be requested shortly ; Notice. (jmm) (Entered: 04/14/2004)

April 7, 2004

April 7, 2004

28

MINUTE ORDER of 4/13/04 by Hon. James B. Zagel: Plaintiff's motion to advise the court of pending proceedings related to this case, including the possibility that leave to file a supplemental complaint here may be requested shortly is granted [27 − 1]. No notice (jmm) (Entered: 04/14/2004)

April 13, 2004

April 13, 2004

29

APPLICATION for leave to appear pro hac vice on behalf of Cornell Bolden, Keith Jackson, Michael Amato, Charles Morgan by Philip N. Yannella; Order entered granting leave by Hon. James B. Zagel (cdy) (Entered: 04/19/2004)

April 14, 2004

April 14, 2004

30

APPLICATION for leave to appear pro hac vice for plaintiff by Philip Neil Yannella; Order entered granting leave by Hon. James B. Zagel (cdy) (Entered: 04/19/2004)

April 14, 2004

April 14, 2004

31

APPLICATION for leave to appear pro hac vice for plaintiffs by Stephen J. McConnell; Order entered granting leave by Hon. James B. Zagel (cdy) (Entered: 04/19/2004)

April 14, 2004

April 14, 2004

32

APPLICATION for leave to appear pro hac vice by Cheri R. Tolin; Order entered granting leave by Hon. James B. Zagel. (jmm) (Entered: 04/30/2004)

April 27, 2004

April 27, 2004

33

APPLICATION for leave to appear pro hac vice by Joseph R. Heffern; Order entered granting leave by Hon. James B. Zagel. (jmm) (Entered: 04/30/2004)

April 27, 2004

April 27, 2004

34

MOTION by defendant for leave to file a supplemental complaint (Attachments); Notice (cdy) (Entered: 05/25/2004)

May 17, 2004

May 17, 2004

35

MINUTE ORDER of 5/21/04 by Hon. James B. Zagel: Plaintiff's motion for leave to file a supplemental complaint [34 − 1], is denied. After reviewing the claims in Harrington and Count II alleged by the Bolden plaintiffs, I find that the issues in each case are separate and distinct causes of action. Harrington grew out of the inadequare treatment of persons with illness while incarcerated in jail. Count II of the Bolden complaint, on the other hand, deals with the exclusion of persons with disabilities from pretrial release programs and the failure to make proper arrangement upon discharging inmates. Since Bolden deals with claims that arise at a completely different stages of the inmates interaction with the department of corrections, I find that it should be filed as a separate case. Mailed notice (cdy) (Entered: 05/25/2004)

May 21, 2004

May 21, 2004

37

MINUTE ORDER of 7/7/04 by Hon. James B. Zagel: Enter order vacating the consent decree with respect to Secretary Adams and dismissing Secretary Adams with prejudice and without costs. (Entered Order.) No notice (air) (Entered: 07/13/2004)

July 7, 2004

July 7, 2004

36

SETTLEMENT AGREEMENT and general release by plaintiff against movant in the amount of $400. (air) (Entered: 07/13/2004)

July 7, 2004

July 7, 2004

38

AGREED MOTION by plaintiff for attorneys' fees and costs, pursuant to the prison litigation reform act ; Notice (cdy) (Entered: 09/22/2004)

Sept. 21, 2004

Sept. 21, 2004

40

MOTION to intervene by Larry M. Banks as a third party; Notice. (Exhibit). (ep, ) (Entered: 09/04/2009)

Sept. 2, 2009

Sept. 2, 2009

41

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings in accordance with the provision of Local Rule 40.4. Signed by Executive Committee on 5/27/2010. (gmr, ) (Entered: 06/01/2010)

May 27, 2010

May 27, 2010

42

Motion to intervene 40 is denied; Motions terminated: Signed by the Honorable Virginia M. Kendall on 8/17/2010.(tsa, ) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

43

MOTION by Defendant Michael Sheahan to dismiss − Defendants' Motion for an Order: Tentatively Approving the Voluntary Dismissal of Duran and Harrington as Fair, Reasonable and Adequate; Approving a Proposed Notice to the Plaintiff Classes of the Proposed Voluntary Dismissal; and Setting a Fairness Hearing Respecting Such Dismissal (Attachments: # 1 Exhibit A)(Gallagher, Daniel) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

44

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to dismiss, 43 before Honorable Virginia M. Kendall on 6/8/2011 at 09:00 AM. (Gallagher, Daniel) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

45

MINUTE entry before Honorable Virginia M. Kendall: Defendant's motion for an order: Tentatively approving the voluntary dismissal of Duran and Harrington as fair, reasonable and adequate; approving a proposed notice of the plaintiff classes of the proposed voluntary dismissal; and setting fairness hearing respecting such dismissal 43 is granted. Fairness hearing set for 8/19/2011 @ 10:00 a.m. [For further detail see separate order(s).] Mailed notice (lp, ) (Entered: 06/13/2011)

June 8, 2011

June 8, 2011

46

ORDER Tentatively approving the voluntary dismissal of Duran and Harrington as fair, reasonable and adequate; Approving proposided notice to the plaintiff classes of the proposed voluntary dismissal; And setting a fairness hearing respecting such dismissal. (Exhibit) Signed by the Honorable Virginia M. Kendall on 6/8/2011:(lp, ) (Entered: 06/13/2011)

June 8, 2011

June 8, 2011

47

MOTION by Plaintiff Gary Harrington for attorney fees (Agreed) (Attachments: # 1 Exhibit A)(Lehrer, Robert) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

48

NOTICE of Motion by Robert E. Lehrer for presentment of motion for attorney fees 47 before Honorable Virginia M. Kendall on 8/19/2011 at 10:00 AM. (Lehrer, Robert) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

49

MEMORANDUM by Gary Harrington Respecting the Proposed Voluntary Dismissal (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lehrer, Robert) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

50

MINUTE entry before Honorable Virginia M. Kendall:Plaintiffs' agreed motion for attorney fees 47 is entered and continued to 8/24/2011 @ 9:00 am. Fairness hearing reset to 8/24/2011 at 09:00 AM. Mailed notice (tsa, ) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

51

RESPONSE by Defendant Michael Sheahan to memorandum 49 − Defendants' Joint Response to Plaintiffs' Memorandum in Support of the Proposed Voluntary Dismissal of These Cases and Reply to the Responses of Plaintiff Class Members (Gallagher, Daniel) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

52

NOTICE by Michael Sheahan re Response, 51 − Defendants' Joint Response to Plaintiffs' Memorandum in Support of the Proposed Voluntary Dismissal of These Cases and Reply to the Responses of Plaintiff Class Members (Gallagher, Daniel) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

53

MINUTE entry before Honorable Virginia M. Kendall:Agreed MOTION by Plaintiff Gary Harrington for attorney fees 47 is granted.Advised in open court notice (tsa, ) (Entered: 08/25/2011)

Aug. 24, 2011

Aug. 24, 2011

55

AGREED Order Awarding Attorneys' Fees Signed by the Honorable Virginia M. Kendall on 8/25/2011:(lp, ) (Entered: 08/30/2011)

Aug. 25, 2011

Aug. 25, 2011

56

MOTION by Plaintiff Gary Harrington for settlement (Attachments: # 1 Exhibit)(Lehrer, Robert) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

57

NOTICE of Motion by Robert E. Lehrer for presentment of motion for settlement 56 before Honorable Virginia M. Kendall on 11/30/2011 at 09:00 AM. (Lehrer, Robert) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

58

MINUTE entry before Honorable Virginia M. Kendall: MOTION by Plaintiff Gary Harrington for settlement 56 is granted. Mailed notice (tsa, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

59

MINUTE entry before Honorable Virginia M. Kendall: Enter order, pursuant to FRCP 23 (e), approving voluntary dismissal. [For further detail see separate order(s).]Mailed notice (lp, ) (Entered: 12/05/2011)

Nov. 30, 2011

Nov. 30, 2011

60

ORDER Signed by the Honorable Virginia M. Kendall on 11/30/2011: (lp, ) (Entered: 12/05/2011)

Nov. 30, 2011

Nov. 30, 2011

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 14, 1974

Closing Date: Nov. 30, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally ill pre-trial detainees at the Cook County Jail challenging the conditions of the jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Devito (Cook), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1978 - 2011

Issues

General:

Assault/abuse by residents/inmates/students

Conditions of confinement

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run