Case: Calvin v. Sheriff of Will County, Illinois

1:03-cv-03086 | U.S. District Court for the Northern District of Illinois

Filed Date: May 8, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 8, 2003, an individual mistakenly arrested on an erroneous warrant filed a 42 U.S.C. § 1983 lawsuit in the U.S. District Court for the Northern District of Illinois, alleging that his Fourth and Fourteenth Amendment rights had been violated by the Sheriff of Will County in that he had been unlawfully detained at the Will County Jail after being ordered released by a judge. On August 8, 2003, an amended complaint was filed, adding a second named plaintiff and adding Will County, Illinois…

On May 8, 2003, an individual mistakenly arrested on an erroneous warrant filed a 42 U.S.C. § 1983 lawsuit in the U.S. District Court for the Northern District of Illinois, alleging that his Fourth and Fourteenth Amendment rights had been violated by the Sheriff of Will County in that he had been unlawfully detained at the Will County Jail after being ordered released by a judge. On August 8, 2003, an amended complaint was filed, adding a second named plaintiff and adding Will County, Illinois as a defendant. The amended complaint also added allegations challenging the Jail's shackling and strip search policies and seeking class certification. Specifically, Plaintiffs alleged that the Sheriff's "strip search/ shackling" policy deprived them of their Fourth and Fourteenth Amendment rights and sought certification of two subclasses: (1) all persons who were handcuffed, shackled, and strip searched at the Will County Jail after being ordered to be immediately released by a judge; and (2) all individuals who were held at the Will County Jail on a recalled or already executed warrant issued after they complained that they were being wrongfully held in custody. Plaintiffs sought class certification, declaratory judgment, compensatory damages, and costs. A second amended complaint adding a third named plaintiff was filed on February 12, 2004.

On May 12, 2004, the District Court (Judge Robert W. Gettleman) certified the case as a class action, establishing two subclasses: (1) all individuals who, between May 8, 2001 and the date of the judgment, were arrested for failure to appear in a misdemeanor or traffic case and, who, upon arrival at the Will County Jail, were strip searched without any individualized finding of reasonable suspicion or probable cause that he or she was concealing contraband or weapons (the "post-arrest strip search" subclass); and (2) all traffic or misdemeanor arrestees who, between May 8, 2001 and the date of the judgment, became entitled to release from the Will County Jail, and who, while being processed out of the Sheriff's custody, were strip searched without any individualized finding of reasonable suspicion that he or she was concealing contraband or weapons (the "post-release strip search" subclass). The court refused to certify a third subclass consisting of those arrested on "bad warrants" because it found that the numerosity requirement had not been met. Calvin v. Sheriff of Will County, 2004 WL 1125922, 2004 U.S. Dist. LEXIS 8717 (N.D.Ill. May 12, 2004).

Plaintiffs subsequently moved for summary judgment. On December 16, 2005, the District Court (Judge Gettleman) granted the Plaintiffs' motion, holding that both (1) the blanket policy of strip searching persons arrested for failure to appear in misdemeanor or traffic cases, and (2) the blanket policy of strip searching persons who were returned to jail for processing after being ordered released on traffic or misdemeanor charges violated Fourth Amendment. Calvin v. Sheriff of Will County, 405 F.Supp.2d 933 (N.D.Ill. Dec 16, 2005). On April 14, 2006, the Court, at the request of Defendants, amended its December 16 order to make it immediately appealable. Calvin v. Sheriff of Will County, 2006 WL 1005141, 2006 U.S. Dist. LEXIS 27341 (N.D.Ill. Apr 14, 2006).

While the case was on interlocutory appeal to the U.S. Court of Appeals for the Seventh Circuit, the parties settled the lawsuit. Under the Settlement Agreement, Will County agreed to pay $2.15 million into a common fund to settle all claims for damages, expenses, and attorneys' fees. Attorneys' fees and expenses were to be paid from the fund and were not to exceed 40% of the total payout. Each of the three named plaintiffs was to receive $25,000 as an incentive payment. The remainder of the fund would be used to pay class claims. It was anticipated that each class member would receive about $700.

On September 20, 2006, the District Court (Judge Virginia M. Kendall) preliminarily approved the settlement. After holding a November 17, 2006 fairness hearing, the Court issued a November 27, 2006 order finally approving the settlement. Subsequent proceedings established the procedure for the final distribution of settlement funds. No further proceedings are apparent from the docket.

Summary Authors

Dan Dalton (3/2/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5335364/parties/calvin-v-sheriff-of-will-co/


Judge(s)

Gettleman, Robert William (Illinois)

Kendall, Virginia Mary (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Attorneys(s) for Defendant

Clancy, Kevin J. (Illinois)

Haberkord, Gerald (Illinois)

Kubalanza, Joan Marie (Illinois)

Leahy, Edward Joseph (Illinois)

McManaman, Martin W. (Illinois)

O'Shea, Shannon F. (Illinois)

Pavlovich, Jeffrey S. (Illinois)

Judge(s)

Gettleman, Robert William (Illinois)

Kendall, Virginia Mary (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Attorneys(s) for Defendant

Clancy, Kevin J. (Illinois)

Haberkord, Gerald (Illinois)

Kubalanza, Joan Marie (Illinois)

Leahy, Edward Joseph (Illinois)

McManaman, Martin W. (Illinois)

O'Shea, Shannon F. (Illinois)

Pavlovich, Jeffrey S. (Illinois)

Ross, Marsha K (Illinois)

Woods, Daniel Robert (Illinois)

Documents in the Clearinghouse

Document

Docket [USCA]

Sheriff Will County v. Calvin

U. S. Court of Appeals for the Seventh Circuit

April 26, 2006 Docket

Docket [USCA]

Calvin v. Sheriff of Will County

U. S. Court of Appeals for the Seventh Circuit

Jan. 25, 2007 Docket

Docket [PACER]

Calvin v. Sheriff of Will County

April 11, 2007 Docket

Notice of Hearing on Settlement of Class Action

No Court

May 7, 2001 Notice Letter
1

Complaint

May 8, 2003 Complaint
5

Amended Complaint

Aug. 8, 2003 Complaint
11

Second Amended Complaint

Calvin v. Sheriff of Will County

Feb. 13, 2004 Complaint
18

Memorandum Opinion and Order

2004 WL 1125922, 2004 U.S.Dist.LEXIS 8717

May 17, 2004 Order/Opinion
48

Plaintiffs' Memorandum in Support of Motion for Summary Judgment on Liability

Calvin v. Sheriff of Will County

Aug. 31, 2005 Pleading / Motion / Brief
62

Memorandum and Order

405 F.Supp.2d 933

Dec. 16, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5335364/calvin-v-sheriff-of-will-co/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Kenneth N. Flaxman as attorney(s) for plaintiff (One original and one copy summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Entered: 05/12/2003)

May 8, 2003 PACER

RECEIPT regarding payment of filing fee paid; on 5/8/03 in the amount of $150.00, receipt #10414464. (hp)

May 8, 2003 PACER
2

ATTORNEY APPEARANCE for defendant by Jeffrey S. Pavlovich, Edward Joseph Leahy, Daniel Robert Woods; Notice. (aga) (Entered: 07/15/2003)

July 14, 2003 PACER
3

ANSWER by defendant to complaint [1-1]. (aga) (Entered: 07/15/2003)

July 14, 2003 PACER

SCHEDULE set on 7/16/03 by Hon. Robert W. Gettleman : Status hearing set to 9:00 8/5/03 . Status report due 7/31/03 . Courtroom deputy mailed notice (gds)

July 16, 2003 PACER
4

JOINT STATUS REPORT by plaintiff and defendant; Notice (rmm) (Entered: 08/01/2003)

July 31, 2003 PACER

SCHEDULE set on 8/5/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 9/10/03 . Open court notice (gds)

Aug. 5, 2003 PACER

SCHEDULE set on 8/5/03 by Hon. Robert W. Gettleman : Plaintiff is granted leave to file an amended complaint by 8/12/03. Defendants' response is due by 9/5/03. Open court notice (gds)

Aug. 5, 2003 PACER
5

AMENDED COMPLAINT [1-1] by plaintiff Javar Calvin; jury demand; adding plaintiff William Virble Moore, defendant Will County, Illinois. (hp) (Entered: 08/11/2003)

Aug. 8, 2003 PACER

ONE ORIGINAL SUMMONS and one copy issued as to defendant Will County, Illinois. (hp)

Aug. 8, 2003 PACER
6

ATTORNEY APPEARANCE for defendant Will Co IL by Jeffrey S. Pavlovich, Edward Joseph Leahy, Daniel Robert Woods, Shannon F. O'Shea; Notice. (hp) (Entered: 09/08/2003)

Sept. 5, 2003 PACER
7

MOTION by defendants to dismiss plaintiffs' amended complaint (Attachment); Memorandum in support; Notice (hp) Modified on 09/15/2003 (Entered: 09/15/2003)

Sept. 5, 2003 PACER
8

MINUTE ORDER of 9/10/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 11/20/03 at 9:00 a.m. Defendant's motion to dismiss is denied without prejudice. [7-1] Defendant's answer is due by 10/01/03. No notice (hp) (Entered: 09/15/2003)

Sept. 10, 2003 PACER
9

ANSWER by defendants to plaintiff's amended complaint [5-1]; Notice. (hp) (Entered: 10/02/2003)

Oct. 1, 2003 PACER

SCHEDULE set on 11/20/03 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 1/13/04 . Open court notice (gds)

Nov. 20, 2003 PACER
19

ATTORNEY APPEARANCE for Sheriff of Will Co, Will Co IL by Gerald Haberkorn, Joan Marie G. Kubalanza, Kevin J. Clancy; Notice. (gcy) (Entered: 01/04/2005)

Jan. 3, 2004 PACER

SCHEDULE set on 1/13/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 2/12/04 . Open court notice (gds)

Jan. 13, 2004 PACER
10

MOTION by plaintiffs to certify case as a class action (hp) (Entered: 02/13/2004)

Feb. 12, 2004 PACER
11

SECOND AMENDED COMPLAINT [5-1] by plaintiff Javar Calvin, plaintiff William Virble Moore; adding plaintiff Charles Davis (hp) (Entered: 02/13/2004)

Feb. 12, 2004 PACER
12

MINUTE ORDER of 2/12/04 by Hon. Robert W. Gettleman : Filed plaintiff's motion to certify case as a class action. [10-1] Answer brief to motion due 03/15/04. Reply to answer brief due 03/29/04. Status hearing held and continued to 04/20/04 at 9:00 a.m. Plaintiffs are granted leave to file second amended complaint. Mailed notice (hp) (Entered: 02/13/2004)

Feb. 12, 2004 PACER
13

ANSWER by defendants to plaintiff's second amended complaint [11-1]; Notice (hp) (Entered: 03/12/2004)

March 11, 2004 PACER
14

MOTION by defendants Sheriff of Will Co, Will Co IL for enlargement of time to file answer brief to motion for certification ; Notice (las) (Entered: 03/25/2004)

March 12, 2004 PACER
15

MINUTE ORDER of 3/24/04 by Hon. Robert W. Gettleman : Status hearing reset to 5/4/04 at 9:00 a.m. Defendants' motion for enlargement of time to 3/25/04 to file answer brief to motion for certification is granted [14-1]. Plaintiffs' reply is due 4/9/04 [10-1]. Mailed notice (las) (Entered: 03/25/2004)

March 24, 2004 PACER
16

MEMORANDUM OF LAW by defendants in opposition to plaintiff's motion for class certification [10-1] (Attachments); Notice (cdy) (Entered: 03/26/2004)

March 25, 2004 PACER
17

REPLY MEMORANDUM by plaintiffs in support of motion to certify case as a class action [10-1] (Attachment). (air) (Entered: 04/13/2004)

April 9, 2004 PACER

SCHEDULE set on 5/3/04 by Hon. Robert W. Gettleman : Status hearing date of 5/4/04 is stricken. The Court will rule by mail. Telephone notice (gds)

May 3, 2004 PACER
18

MINUTE ORDER of 5/12/04 by Hon. Robert W. Gettleman : Status hearing set for 05/26/04, at 9:00 a.m. Accordingly, plaintiffs' motion for class certification is granted with respect to subclasses II and III, and denied with respect to subclass I. [10-1] (Entered Memorandum Opinion and Order.) Notices mailed by judge's staff (hp) (Entered: 05/17/2004)

May 12, 2004 RECAP

SCHEDULE set on 6/25/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 8/11/04 . Open court notice (gds)

June 25, 2004 PACER

SCHEDULE set on 8/10/04 by Hon. Robert W. Gettleman : Status hearing reset to 9:00 9/15/04 . Telephone notice (gds)

Aug. 10, 2004 PACER

SCHEDULE set on 9/15/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 10/28/04 . Open court notice (gds)

Sept. 15, 2004 PACER

SCHEDULE set on 10/28/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 12/20/04 . Open court notice (gds)

Oct. 28, 2004 PACER

SCHEDULE set on 12/20/04 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 1/5/05 . Open court notice (gds)

Dec. 20, 2004 PACER
20

MOTION by defendants for leave to substitute counsel Gerald Haberkorn, Joan Kubalanza and Martin McManaman in lieu of Jeffrey A. Pavlovich ; Notice. (hp) (Entered: 01/07/2005)

Jan. 3, 2005 PACER
21

MINUTE ORDER of 1/5/05 by Hon. Robert W. Gettleman : Status hearing held and continued to 01/20/05 at 9:00 a.m. Defendants' motion for leave to substitute counsel is granted. Gerald Haberkorn, Joan Kubalanza and Martin McManaman are granted leave to appear as counsel for defendants in lieu of counsel who have heretofore appeared for defendants. [20-1] No notice (hp) (Entered: 01/07/2005)

Jan. 5, 2005 PACER
22

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 1/20/2005. Settlement posture letters are due by 2/4/05, noon. Settlement Conference set for 2/9/2005 at 01:30 PM. [Open court notice) (gds, ) (Entered: 01/20/2005)

Jan. 20, 2005 PACER
23

MINUTE entry before Judge Robert W. Gettleman : Settlement posture letters are due by 2/25/2005. Settlement Conference reset to 3/4/2005 at 11:00 AM. [Telephone notice] (gds, ) (Entered: 02/11/2005)

Feb. 11, 2005 PACER
24

MINUTE entry before Judge Robert W. Gettleman : Settlement conference held on 3/4/2005. Settlement Conference set for 3/15/2005 at 10:00 AM. No notice (gds, ) (Entered: 03/08/2005)

March 4, 2005 PACER
26

MINUTE entry before Judge Robert W. Gettleman : Settlement conference held on 3/15/2005. Parties report they are unable to settle. Court approves class notice, to be mailed by 4/11/2005; opt-out deadline is 5/23/2005. Status hearing set for 5/31/2005, at 9:00 a.m. to report on response by class. Discovery ordered closed by 9/9/2005. Status hearing set for 9/13/2005 at 09:00 AM. Mailed notice (gds, ) (Entered: 03/22/2005)

March 15, 2005 PACER
25

EXECUTIVE COMMITTEE ORDER:Case referred to magistrate judge Michael T. Mason for discovery supervision and to conduct settlement conference. Signed by Executive Committee on 3/17/05. (lcw) (Entered: 03/22/2005)

March 17, 2005 PACER
27

MINUTE entry before Judge Michael T. Mason : This matter having been referred to Magistrate Judge Mason, an initial status hearing is set for 6/21/05 at 9:00 a.m. in courtroom 2214. The parties shall deliver a file-stamped courtesy copy of an initial status report providing the information required by the enclosed Order Setting Initial Status Report to the courtroom deputy, room 2220, by 6/16/05. Judicial staff mailed notice (kef, ) (Entered: 03/23/2005)

March 23, 2005 PACER
28

MOTION by Plaintiff Javar Calvin to reset mailing of class notice and to require defendant to bear costs of mailing (Flaxman, Kenneth) (Entered: 04/17/2005)

April 17, 2005 PACER
29

NOTICE of Motion by Kenneth N. Flaxman for presentment of motion to reset 28 before Honorable Robert W. Gettleman on 4/21/2005 at 09:15 AM. (Flaxman, Kenneth) (Entered: 04/17/2005)

April 17, 2005 PACER
30

MOTION by Plaintiffs to reset dates for class notice and to require defendant to bear costs of mailing (gma, ) (Entered: 04/19/2005)

April 18, 2005 PACER
31

NOTICE of Motion by Kenneth N. Flaxman for presentment of MOTION by Plaintiffs to reset dates for class notice and to require defendant to bear costs of mailing 30 before Honorable Robert W. Gettleman on 4/21/2005 at 09:15 AM. (gma, ) (Entered: 04/19/2005)

April 18, 2005 PACER
32

MINUTE entry before Judge Robert W. Gettleman : Motion to reset dates for class notice 28 is granted. Motion to require defendant to bear cost of mailing 30 is denied. Motion to reset 30 is granted. Notice to go out by 4/28/2005. Opt-out period to expire 6/9/2005.Status hearing reset to 6/16/2005 at 09:00 AM. Open court notice (gds, ) (Entered: 04/25/2005)

April 21, 2005 PACER
33

OPT OUT FORM as to plaintiff by Ronald Odam. (hp, ) (Entered: 05/20/2005)

May 16, 2005 PACER
34

OPT OUT FORM by Santiago Lopez (hp, ) (Entered: 05/26/2005)

May 24, 2005 PACER
35

Plaintiff's Report on Class Notice by Javar Calvin, William Virble Moore, Charles Davis (Flaxman, Kenneth) (Entered: 06/15/2005)

June 15, 2005 PACER
36

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 6/16/2005. No notice (gds, ) (Entered: 06/16/2005)

June 16, 2005 PACER
97

JOINT INITIAL STATUS Report by plaintiffs; Notice. (previously misplaced document) (rp, ) (Entered: 06/11/2007)

June 16, 2005 PACER
37

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 6/21/2005 and continued to 7/14/05 at 9:00 a.m. Parties are to propound written discovery by 7/1/05. Judicial staff mailed notice (kef, ) (Entered: 06/21/2005)

June 21, 2005 PACER
38

MINUTE entry before Judge Michael T. Mason : Magistrate Judge Status hearing held on 7/14/2005 and continued to 8/16/05 at 9:00 a.m. Judicial staff mailed notice (kef, ) (Entered: 07/14/2005)

July 14, 2005 PACER
39

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis to bifurcate discovery (Flaxman, Kenneth) (Entered: 07/14/2005)

July 14, 2005 PACER
40

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to bifurcate 39 before Honorable Robert W. Gettleman on 7/20/2005 at 09:15 AM. (Flaxman, Kenneth) (Entered: 07/14/2005)

July 14, 2005 PACER
41

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis, Javar Calvin, William Virble Moore, Charles Davis in support of motion to stay discovery from individual class members pending cross-motions for summary judgment on liability (Flaxman, Kenneth) (Entered: 07/27/2005)

July 27, 2005 PACER
42

MINUTE entry before Judge Robert W. Gettleman : Motion hearing held on 7/28/2005 regarding motion to bifurcate 39 . Plaintiff's motion to stay discovery due by 7/27/2005. Responses due by 8/3/2005. Replies due by 8/10/2005. Ruling before Honorable Robert W. Gettleman set on 8/17/2005 at 11:00 AM. No notice (gds, ) (Entered: 07/28/2005)

July 28, 2005 PACER
43

MINUTE entry before Judge Michael T. Mason : Status hearing set for 8/16/05 at 9:00 a.m. is stricken. Judicial staff mailed notice (kef, ) (Entered: 08/02/2005)

Aug. 2, 2005 PACER
44

RESPONSE by defendants Sheriff of Will County, Will County, Illinois to plaintiffs' motion to stay discovery from individual class members 39 ; Notice of filing. (hp, ) (Entered: 08/08/2005)

Aug. 3, 2005 PACER
45

REPLY Memorandum in support of motion to stay discovery from individual class members, etc. (Flaxman, Kenneth) (Entered: 08/10/2005)

Aug. 10, 2005 PACER
49

MINUTE entry before Judge Robert W. Gettleman : Plaintiff's motion to bifurcate 39 discovery is granted in part and denied in part. Discovery will be bifurcated between liability and damages subject to request by plaintiffs under R. 56(f). Plaintiff's motion for summary judgment is due by 8/31/2005. Response is due by 9/28/2005. Status hearing held on 8/17/2005 and continued to 10/6/2005 at 10:00 AM. No notice (gds, ) (Entered: 09/01/2005)

Aug. 17, 2005 PACER
46

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis for partial summary judgment (Flaxman, Kenneth) (Entered: 08/31/2005)

Aug. 31, 2005 PACER
47

pursuant to Local Rule 56.1 STATEMENT by Javar Calvin, William Virble Moore, Charles Davis (Flaxman, Kenneth) (Entered: 08/31/2005)

Aug. 31, 2005 PACER
48

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Support of motion for partial summary judgment 46 (Flaxman, Kenneth) (Entered: 08/31/2005)

Aug. 31, 2005 PACER
50

MOTION by Defendants Sheriff of Will County, Will County, Illinois for extension of time to file response/reply to Plaintiffs' Motion for Summary Judgment (Clancy, Kevin) (Entered: 09/27/2005)

Sept. 27, 2005 PACER
51

NOTICE of Motion by Kevin J. Clancy for presentment of motion for extension of time to file response/reply 50 before Honorable Robert W. Gettleman on 10/6/2005 at 10:00 AM. (Clancy, Kevin) (Entered: 09/27/2005)

Sept. 27, 2005 PACER
52

MINUTE entry before Judge Robert W. Gettleman : Motion for extension of time to file response regarding MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis for partial summary judgment 46 50 is granted. Responses due by 10/13/2005. Status hearing held and continued to 10/19/2005, at 10:30 a.m. Open court notice (gds, ) (Entered: 10/11/2005)

Oct. 6, 2005 PACER
53

MOTION by Defendants Sheriff of Will County, Will County, Illinois to strike portions of Plaintiffs' Rule 56.1 Statement (Clancy, Kevin) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
54

NOTICE of Motion by Kevin J. Clancy for presentment of motion to strike 53 before Honorable Robert W. Gettleman on 10/19/2005 at 10:30 AM. (Clancy, Kevin) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
55

RESPONSE by Defendants Sheriff of Will County, Will County, Illinois to Plaintiffs' LR 56.1 Statement (Clancy, Kevin) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
56

MEMORANDUM by Sheriff of Will County, Will County, Illinois in Opposition to Plaintiffs' Motion for Summary Judgment (Clancy, Kevin) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
57

MINUTE entry before Judge Michael T. Mason : All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judge Michael T. Mason no longer referred to the case. (kef, ) (Entered: 10/14/2005)

Oct. 14, 2005 PACER
59

MINUTE entry before Judge Robert W. Gettleman : Set deadlines/hearing as to motion for partial summary judgment 46 :, Status hearing held on 10/19/2005. Replies due by 10/26/2005. Motion to strike is continued generally. Status hearing continued to 12/20/2005 at 09:00 AM. Open court notice (gds, ) (Entered: 11/02/2005)

Oct. 19, 2005 PACER
58

REPLY memorandum by Javar Calvin, William Virble Moore, Charles Davisin Support of motion for summary judgment on liability 46 (Flaxman, Kenneth) Modified on 10/27/2005 (rbf, ). (Entered: 10/26/2005)

Oct. 26, 2005 PACER
61

MINUTE entry before Judge Robert W. Gettleman: Memorandum opinion and order entered. Accordingly, plaintiffs' motion for partial summary judgment 46 is granted as to liability as to subclass I and subclass II. Defendant Sheriff's motion to strike portions of plaintiffs' L.R. 56.1 statement 53 is denied as moot. (For further detail see separate order) Mailed (vmj, ) (Entered: 12/23/2005)

Dec. 16, 2005 PACER
62

MEMORANDUM Opinion and Order Signed by Judge Robert W. Gettleman on 12/16/2005(vmj, ) (Entered: 12/23/2005)

Dec. 16, 2005 RECAP
60

MINUTE entry before Judge Robert W. Gettleman : Status hearing held on 12/20/2005 Status hearing set for 2/1/2006 at 09:00 AM. Mailed notice (gds, ) (Entered: 12/20/2005)

Dec. 20, 2005 PACER
63

MOTION by Defendants Sheriff of Will County, Will County, Illinois to amend/correct the Court's Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal (Clancy, Kevin) (Entered: 01/20/2006)

Jan. 20, 2006 PACER
64

NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 before Honorable Robert W. Gettleman on 2/1/2006 at 09:00 AM. (Clancy, Kevin) (Entered: 01/20/2006)

Jan. 20, 2006 PACER
65

STATEMENT in Support of Motion to Amend the Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal (Clancy, Kevin) (Entered: 01/23/2006)

Jan. 23, 2006 PACER
68

EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Virginia M. Kendall for all further proceedings. Signed by Executive Committee on 1/23/06. Mailed notice(cem, ) (Entered: 01/26/2006)

Jan. 23, 2006 PACER
66

MINUTE entry before Judge Robert W. Gettleman : This case is being reassigned to the calendar of Judge Kendall. Status hearing date of 2/1/2006 before Judge Gettleman is stricken. Mailed notice (gds, ) (Entered: 01/24/2006)

Jan. 24, 2006 PACER
67

MINUTE entry before Judge Virginia M. Kendall : Initial status hearing set for 2/8/06 at 11:00 a.m. before Judge Kendall in Courtroom 1719. By 2/1/06, counsel are directed to confer, prepare, and file a Joint Status Report as directed in the Order Requiring Status Report and Setting Status Hearing for Newly Assigned Cases to the Calendar of Judge Kendall. Mailed notice (gmr, ) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
69

Amended NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 (Clancy, Kevin) (Entered: 01/26/2006)

Jan. 26, 2006 PACER
70

Amended NOTICE of Motion by Kevin J. Clancy for presentment of motion to amend/correct 63 before Honorable Virginia M. Kendall on 2/2/2006 at 09:00 AM. (Clancy, Kevin) (Entered: 01/30/2006)

Jan. 30, 2006 PACER
71

MINUTE entry before Judge Virginia M. Kendall : Motion hearing held. Briefing schedule set regarding motion to amend/correct 63 as follows: Response by 2/9/06. Reply by 2/16/06. Status hearing reset to 3/2/2006 at 09:00 AM. Mailed notice (gmr, ) (Entered: 02/02/2006)

Feb. 2, 2006 PACER
72

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Opposition to motion to amend/correct 63 and certify for interlocutory appeal (Flaxman, Kenneth) (Entered: 02/09/2006)

Feb. 9, 2006 PACER
73

REPLY by Sheriff of Will County, Will County, Illinoisin Support of MOTION by Defendants Sheriff of Will County, Will County, Illinois to amend/correct the Court's Memorandum Opinion and Order of December 16, 2005 to Include Certification for Interlocutory Appeal 63 (Clancy, Kevin) (Entered: 02/16/2006)

Feb. 16, 2006 PACER
74

MINUTE entry before Judge Virginia M. Kendall : Status hearing held. Ruling on pending motion(s) will be by mail. Mailed notice (gmr, ) (Entered: 03/02/2006)

March 2, 2006 PACER
75

MINUTE entry before Judge Virginia M. Kendall: For the reasons stated in the Memorandum Opinion and Order, defendants' motion to amend the memorandudm opinion and order dated 12/16/05 to include Certificate for Interlocutory Appeal 63 is granted. Accordingly, the court amends the order of 12/16/05 62 to permit interlocutory appeal pursuant to 28 U.S.C. 1292(b). Mailed (vmj, ) (Entered: 04/17/2006)

April 14, 2006 PACER
76

MEMORANDUM Opinion and Order signed by Judge Virginia M. Kendall on 4/14/2006(vmj, ) (Entered: 04/17/2006)

April 14, 2006 RECAP
77

CERTIFIED copy of order from the USCA 7th Circuit dated 5/18/06, Appeal # 06-8015: The following are before the court: 1. Petition for permission to appeal, filed on 4/24/06, by counsel for the petitioners. 2. Answer to petition for permission to appeal, filed on 5/10/06, by counsel for the respondent. It is ordered that #1 is granted. Petitioners shall pay the required appellate fees to the clerk of the district court within ten days from the entry of this order purusant to Fed.R.App.P. 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on this court's general docket and briefing will be set. (vmj, ) (Entered: 05/25/2006)

May 19, 2006 PACER
78

ACKNOWLEDGEMENT of receipt of short record on appeal; USCA Case no. 06-2487. (mjc, ) (Entered: 06/02/2006)

May 31, 2006 PACER
79

Circuit Rule 10(a) Request for Inclusion of Materials in Record on Appeal by Sheriff of Will County, Will County, Illinois (Clancy, Kevin) (Entered: 06/12/2006)

June 12, 2006 PACER
80

MOTION by Plaintiffs Javar Calvin, William Virble Moore, Charles Davis, Defendants Sheriff of Will County, Will County, Illinois to approve consent judgment (preliminary approval of class action settlement) (Flaxman, Kenneth) (Entered: 09/15/2006)

Sept. 15, 2006 PACER
81

NOTICE of Motion by Kenneth N Flaxman for presentment of motion to approve consent judgment 80 before Honorable Virginia M. Kendall on 9/20/2006 at 09:00 AM. (Flaxman, Kenneth) (Entered: 09/15/2006)

Sept. 15, 2006 PACER
82

MINUTE entry before Judge Virginia M. Kendall : Motion hearing held. Joint Motion for preliminary approval of class action settlement 80 is granted. Fairness hearing set for 11/17/2006 at 09:00 AM. Class members shall have until 11/10/2006 to object to the proposed settlement. Mailed notice (gmr, ) (Entered: 09/21/2006)

Sept. 20, 2006 PACER
83

MEMORANDUM by Javar Calvin, William Virble Moore, Charles Davis in Support of Approval of Proposed Settlement (Flaxman, Kenneth) (Entered: 11/16/2006)

Nov. 16, 2006 PACER
84

MINUTE entry before Judge Virginia M. Kendall : Fairness hearing held. The parties shall provide the Court with a draft final approval order for review and entry. Mailed notice (gmr, ) (Entered: 11/17/2006)

Nov. 17, 2006 PACER
85

NOTICE to transmit the record from the USCA - 7th Circuit dated 11/16/06 re: appeal no. 06-2487: Pursuant to Circuit Rule 11(a), the entire record is to be transmitted to this court immediately for use in the decision in the above named cause. (vmj, ) (Entered: 11/22/2006)

Nov. 20, 2006 PACER
87

MINUTE entry before Judge Virginia M. Kendall : Enter Order Approving Class Settlement. Mailed (vmj, ) (Entered: 11/28/2006)

Nov. 27, 2006 PACER

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 8, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals strip-searched by the Will County Sheriff. 2 certified subclasses: (1) misdemeanor arrestees strip searched upon arrival; (2) those strip searched after ordered released by Court.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Will County, Illinois, County

Will County Sheriff (Will), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run