Case: Gary v. Sheahan

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Thomas Gerard Morrissey as attorney(s) for plaintiff with Rule 39 Affidavits ( Original and one copy summons(es) issued.) ( Documents: 1-1 through 1-4) (eav) (Entered: 11/08/1996)

RECEIPT regarding payment of filing fee paid; on 11/7/96 in the amount of $ 120.00, receipt # 482973. (eav)

MOTION by plaintiffs for leave of Court for for Robert H. Farley, Jr., to file an additional appearance (Temporarily unavailable for docketing) (eav) (Entered: 11/22/1996)

MOTION by plaintiffs to certify a class ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 11/22/1996)

MOTION by plaintiffs for temporary restraining order and/or preliminary injunction ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 11/22/1996)

MEMORANDUM by plaintiffs in support of application for temporary restraining order [5-1] and/or preliminary injunction [5-2] (Exhibits) (Temporarily unavailable for docketing) (eav) (Entered: 11/22/1996)

AGREED ORDER regarding motion for temporary restraining order [5-1] (eav) (Entered: 11/22/1996)

MINUTE ORDER of 11/13/96 by Hon. David H. Coar : Plaintiffs' motion for temporary restraining order [5-1] and/or preliminary injunction is resolved by entry of agreed order. Kenya Gary will not be subjected to a strip search upon her return from Court on 11/18/96 (or any subsequent Court date. If criminal case is continued, she will be subjected to the CCDOC's customary policies and procedures concerning inmate searches. Kenya Gary does not waive right to demonstrate the constitutionality CCDOC's policies and procedures regarding inmate searches at a later time. Enter agreed order. [5-2] No notice (eav) (Entered: 11/22/1996)

ATTORNEY APPEARANCE for Michael Sheahan by Michael David Jacobs, Terry L. McDonald, David S. Meyerson, Cook County ASA. (tlm) (Entered: 11/15/1996)

MINUTE ORDER of 11/19/96 by Hon. David H. Coar : Plaintiffs' motion to certify a class certification. Answer brief to motion due 11/25/96. [4-1] Reply to answer brief due 12/04/96. Parties given leave to conduct expedited discovery on the class issue. Motion to certify a class is entered and continued to 12/10/96 at 9:30 a.m. 9:30 12/10/96. Motion for leave to file additional appearance is granted. Leave granted Robert H. Farley, Jr. to file additional appearance on behalf of the plaintiffs. [3-1] Mailed notice (eav) (Entered: 11/22/1996)

ATTORNEY APPEARANCE for plaintiffs by Robert Hugh Farley Jr. with Rule 39 Affidavits (eav) (Entered: 11/22/1996)

MOTION by defendant for leave to file memorandum in excess of fifteen pages ; Notice of motion and filing (eav) (Entered: 12/03/1996)

RESPONSE by defendant to plaintiff's motion for class certification [4-1] (eav) (Entered: 12/03/1996)

MINUTE ORDER of 12/2/96 by Hon. David H. Coar : Defendant's motion for leave to file memorandum in excess of fifteen pages is granted. [11-1] No notice (eav) (Entered: 12/03/1996)

MOTION by defendant to enlarge the time period in which to answer plaintiff's complaint ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 12/12/1996)

REPLY by plaintiffs to defendant Sheriff Michael Sheahan's response in opposition to motion to certify (Exhibits); Notice of filing [12-1] (eav) (Entered: 12/05/1996)

MOTION by plaintiffs to compel discovery (Attachments); Notice of motion (eav) (Entered: 12/12/1996)

MINUTE ORDER of 12/10/96 by Hon. David H. Coar : Defendant's motion for an enlargement of time to answer or otherwise plead is granted, [15-1] answer or plead within ten (10) days. Plaintiff's [16-1] motion to compel is continued to 12/12/96 at 9:30 a.m. No notice (eav) (Entered: 12/12/1996)

MINUTE ORDER of 12/12/96 by Hon. David H. Coar : For the reasons stated on the record, Doc. # [16-1], the plaintiff's motion to compel discovery is denied as moot. No notice (eav) (Entered: 12/16/1996)

MOTION by defendant to dismiss the plaintiffs' complaint ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 01/10/1997)

MEMORANDUM by defendant of law in support of motion to dismiss the plaintiffs' complaint [19-1] (Temporarily unavailable for docketing) (eav) (Entered: 01/10/1997)

AMENDED NOTICE by defendant of motion to dismiss the plaintiffs' complaint [19-1] (eav) (Entered: 01/10/1997)

MOTION by defendant for leave to file additional appearance on behalf of Michael Sheahan, Sheriff of Cook County, in his individual capacity ; Notice of motion. (tlm) (Entered: 10/09/1997)

MINUTE ORDER of 1/9/97 by Hon. David H. Coar : Defendant's motion to dismiss the plaintiffs' complaint. Answer brief to motion due 02/10/97. [19-1] Reply to answer brief due 03/03/97. Defendant is given leave to file an amended motion to dismiss, and the motion to dismiss is taken under advisement - ruling to issue by mail. [19-1] Mailed notice (eav) (Entered: 01/10/1997)

AMENDED by defendant to motion to dismiss the plaintiffs' complaint [19-1]; Notice of filing (eav) (Entered: 01/15/1997)

RESPONSE by plaintiff and memorandum of law to defendant Sheriff Michael Sheahan's motion and memorandum of law to dismiss the plaintiffs' complaint [19-1] (Exhibit); Notice of filing (eav) (Entered: 02/11/1997)

MOTION by plaintiffs to set a date for a hearing on motion for a preliminary injunction ; Notice of motion (eav) (Entered: 02/21/1997)

RESPONSE by defendant to the plaintiffs' motion to schedule a hearing on a preliminary injunction (Exhibit); Notice of filing (eav) (Entered: 02/20/1997)

MINUTE ORDER of 2/20/97 by Hon. David H. Coar : Plaintiff's motion to set a date for a hearing on plaintiff's motion for a preliminary injunction is denied for the reasons stated on the record. [26-1] No notice (eav) (Entered: 02/21/1997)

MOTION by plaintiff for preliminary injunction ; Notice of motion (eav) (Entered: 02/25/1997)

RESPONSE by defendant to the plaintiffs' motion to schedule a hearing on a preliminary injunction; Notice of filing (eav) (Entered: 02/24/1997)

MINUTE ORDER of 2/24/97 by Hon. David H. Coar : Plaintiff's [29-1] motion for a Preliminary Injunction is continued to 03/04/97 at 9:30 a.m. for hearing. The defendants shall file a amended answer by 02/27/97. No notice (eav) (Entered: 02/25/1997)

RESPONSE by defendant to the plaintiffs' motion to schedule a hearing on a preliminary injunction [29-1]; Notice of filing (eav) (Entered: 02/28/1997)

REPLY by defendant to the plaintiffs' response to the motion to dismiss the plaintiffs' complaint [19-1] (Exhibit); Notice of filing (fce) (Entered: 03/03/1997)

MINUTE ORDER of 3/4/97 by Hon. David H. Coar : Status hearing set for 03/10/97 at 9:30 a.m. Preliminary Injunction hearing was not held Doc #[29-1] Plaintiff's motion for Preliminary Injunction continued to 03/10/97 at 9:30 a.m. for status. Mailed notice (eav) (Entered: 03/05/1997)

MEMORANDUM of law and argument by plaintiffs in support of motion for preliminary injunction [29-1]; Notice of filing (fce) (Entered: 03/10/1997)

MINUTE ORDER of 3/10/97 by Hon. David H. Coar : Status hearing held. Hearing on the plaintiff's Doc. [29-1] motion for Preliminary Injunction is set for 03/13/97 at 1:45 a.m. All trial subpoenas are continued to 03/13/97. Mailed notice (eav) (Entered: 03/11/1997)

ORDER regarding motion for preliminary injunction [29-1] (eav) (Entered: 03/19/1997)

MINUTE ORDER of 3/17/97 by Hon. David H. Coar : The defendant, Michael Sheahan, Sheriff of Cook County, individually and in his official capacity and his employees are enjoined from strip searching female inmate court returns with a mittimus indicating that as to their court case they should be discharged, unless after their return a computer check of their record indicates there are other reasons for holding the inmate or unless the female court return ants to return to her living quarters to recover her personal items. Enter order. Mailed notice (eav) (Entered: 03/19/1997)

MOTION by defendant for reconsideration pursuant to Fed.R.Civ.P. 59(e) (Exhibits); Notice of motion (eav) (Entered: 03/28/1997)

MOTION by plaintiffs for summary judgment ; Notice of motion (eav) (Entered: 03/28/1997)

MEMORANDUM by plaintiffs of law in support of motion for summary judgment [40-1] (eav) (Entered: 03/28/1997)

STATEMENT of uncontested facts pursuant to Rule 12(M) by plaintiffs (eav) (Entered: 03/28/1997)

EXHIBITS by plaintiffs in support of motion for summary judgment (eav) (Entered: 03/28/1997)

RESPONSE by plaintiffs to defendant's motion for reconsideration (Attachment); Notice of filing (eav) (Entered: 03/27/1997)

MINUTE ORDER of 3/27/97 by Hon. David H. Coar : For the reasons stated on the record, defendant's motion for reconsideration is denied. [39-1] Mailed notice (eav) (Entered: 03/28/1997)

MINUTE ORDER of 3/27/97 by Hon. David H. Coar : Plaintiffs motion for summary judgment. Answer brief to motion due 04/18/97. [40-1] Reply to answer brief due 05/02/97. Motion for summary judgment [40-1] is taken under advisement - ruling to issue by mail. Mailed notice (eav) (Entered: 03/28/1997)

NOTICE OF APPEAL by defendant from motion minute order [37-1], from motion order [36-1] ( $105.00 PAID) (fce) (Entered: 04/04/1997)

LETTER regarding docketing statement acknowledged by defendant. (fce) (Entered: 04/04/1997)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce)

TRANSCRIPT of proceedings for the following date(s): 12/10/96, 3/4/97, 3/27/97 Before Honorable David H. Coar (3 Vols.: 48-1, 48-2, 48-3) (eav) (Entered: 04/07/1997)

DESIGNATION by Michael Sheahan of appeal record. (fce) (Entered: 04/10/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97-1802 (Attachment) (eav) (Entered: 04/10/1997)

SEVENTH CIRCUIT transcript information sheet by defendant (eav) (Entered: 04/10/1997)

TRANSCRIPT of proceedings for the following date(s): 03/13/97 Before Honorable David H. Coar (eav) (Entered: 04/10/1997)

AGREED MOTION by defendant to enlarge the time period in which to respond to the plaintiffs' summary judgment motion ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 04/22/1997)

MEMORANDUM, OPINION, AND ORDER (eav) (Entered: 04/14/1997)

MINUTE ORDER of 4/10/97 by Hon. David H. Coar : For the reasons set forth in the attached Memorandum Opinion and Order, plaintiffs' motion for class certification Doc. #[4-1] is granted. Pursuant to Fed.R. Civ. pro. 23(c)(2), plaintiffs are directed to file a proposed notice to the class as defined in the attached memorandum opinion by 04/30/97. Written objections to the proposed notice are to be filed by 05/20/97. A hearing on objections to the proposed notice shall be held on 05/28/97 at 9:30 a.m. Mailed notice (eav) (Entered: 04/14/1997)

MINUTE ORDER of 4/14/97 by Hon. David H. Coar : Status hearing reset for 06/04/97 at 9:30 a.m. Defendant's agreed motion for enlargement of time to respond to plaintiffs summary judgment is granted. [57-1] Time for the defendant to answer plaintiff's motion Doc. #[40-1] for summary judgement is extended to 05/02/97; plaintiff to file a reply by 05/20/97. Mailed notice (eav) (Entered: 04/22/1997)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97-1802 consisting of one volume of pleadings, four volumes of transcripts (Item Nos. 48-1 through 48-3 & 52), one volume of exhibits (Item No. 43) and certificates. Mailed notice to all counsel. (fce)

MEMORANDUM, OPINION, AND ORDER (eav) (Entered: 04/18/1997)

MINUTE ORDER of 4/17/97 by Hon. David H. Coar : For the reasons set forth in the attached memorandum opinion and order, defendant's motion to dismiss Doc. #[19-1] is granted in part. Plaintiffs' Fifth, Eighth, and Ninth Amendment claims under section 1983 against defendant in both his individual and official capacities are dismissed with prejudice. Mailed notice (eav) (Entered: 04/18/1997)

CERTIFIED copy of Order from the 7th Circuit. (97-1802) (eav) (Entered: 04/23/1997)

MOTION by plaintiffs to define class period (Exhibits); Notice of motion (eav) (Entered: 04/30/1997)

MINUTE ORDER of 4/29/97 by Hon. David H. Coar : Plaintiffs' motion to define class period. Answer brief to motion due 05/14/97. [60-1] Reply to answer brief due 05/21/97. Ruling on define class set for 06/04/97 at 9:30 a.m. Mailed notice (eav) (Entered: 04/30/1997)

RESPONSE by defendant to the plaintiffs' statement of uncontested facts pursuant to Local General Rule 12(N)(3)(A) and (B) (Exhibits); Notice of filing (eav) (Entered: 05/05/1997)

MEMORANDUM by defendant of law in support of opposition to the plaintiffs' summary judgment motion; Notice of filing (eav) (Entered: 05/05/1997)

COMBINED RESPONSE by defendant Michael Sheahan to the plaintiffs' motion to define the class period and objection to class description (Exhibits); Notice of filing (eav) (Entered: 05/15/1997)

REPLY by plaintiffs to defendant's response to plaintiffs' motion for summary judgment (Exhibit); Notic eof filing. [40-1] (tlm) (Entered: 05/22/1997)

RESPONSE to Defendant's objection to class description by plaintiffs and combined reply (Exhibit); Notice of filing. [66-1] (tlm) (Entered: 05/23/1997)

MOTION by defendant to supplement the statement of additional material facts submitted prusuant to Local General Rule 12(N)(3)(b) [67-1] ; Notice motion. (tlm) (Entered: 05/30/1997)

AFFIDAVIT of Eddie Davis regarding motion to supplement [67-1] (tlm) (Entered: 05/30/1997)

MINUTE ORDER of 5/28/97 by Hon. David H. Coar : Answer brief to defendant's motion to supplement the statement of additional material facts submitted pursuant to Local General Rule 12(N)(3)(b) due 06/05/97. [67-1] Discovery is open for this motion . Motion to supplement continued to [67-1] 06/11/97 at 9:30 a.m. (parties need not appear on 06/02/97 as indicated in the notice of motion.) Mailed notice (tlm) (Entered: 05/30/1997)

MINUTE ORDER of 5/28/97 by Hon. David H. Coar : Hearing on any objections to proposed notice to class members is reset to 06/11/97 at 9:30 a.m. Ruling date of 06/04/97 on the plaintiff's motion to define class period [60-1] is reset to 06/11/97 at 9:30 a.m. Mailed notice (tlm) (Entered: 05/30/1997)

MINUTE ORDER of 5/28/97 by Hon. David H. Coar: Answer brief to defendant's motion to supplement the statement of additional material facts submitted pursuant to Local General Rule 12(N)(3)(b) [67-1] due 6/5/97. Discovery is open for this motion. Motion to supplement continued to 6/11/97 at 9:30 a.m. (parties need not appear on 6/2/97 as indicated in the notice of motion) Mailed notice (vmj) (Entered: 06/02/1997)

RESPONSE by plaintiff to defendant's motion to supplement his statement of additional material facts submitted prusuant to Local Rule 12(N)(3)(b); Notice of filing. [67-1] (tlm) (Entered: 06/05/1997)

SCHEDULE set on 6/4/97 by Hon. David H. Coar : Status hearing reset to 9:30 6/11/97. Hearing regarding any Objections to proposed notice to class reset for 9:30 6/11/9. Mailed notice (pm)

MOTION by plaintiff for rule to show cause for failure of defendant to comply with preliminary injunction order ; Notice of motion. (tlm) (Entered: 06/10/1997)

AFFIDAVIT of Cynthia Taylor regarding plaintiff's motion for rule to show cause . [73-1] (tlm) (Entered: 06/10/1997)

AFFIDAVIT of Donna Reed regarding plaintiff's motion for rule to show cause [73-1] (tlm) (Entered: 06/10/1997)

AFFIDAVIT of Michelle Dudzik regarding plaintiff's motion for rule to show cause. [73-1] (tlm) (Entered: 06/10/1997)

AFFIDAVIT of Gina Goines regarding plaintiff's motion for rule to show cause [73-1] (tlm) (Entered: 06/10/1997)

MINUTE ORDER of 6/6/97 by Hon. David H. Coar : Plaintiff's petition for rule to show cause is granted . [73-1] Issue Rule returnable for 06/17/97 at 10:00 a.m. for hearing on the Rule. Discovery is open and to proceed on an expedited basis. Mailed notice (tlm) (Entered: 06/10/1997)

MINUTE ORDER of 6/11/97 by Hon. David H. Coar : Parties to brief the tolling issue (whether Watson tolled the statue of limitation), defendant's brief due 06/27/97; plaintiffs' reply brief due 07/09/97. Plaintiffs' motion to define class and the hearing regrading any objections to proposed notice to class [60-1] continued to 9:30 a.m. on 07/17/97. Defendant's motion to supplement 12(n) statement is [67-1] granted. PLaitniff to file supplemental response by 07/09/97. Mailed notice (tlm) (Entered: 06/12/1997)

MOTION by plaintiffx for witness to testify out of order (Exhibits); Notice of motion. (tlm) (Entered: 06/16/1997)

MOTION by defendant to stay the preliminary injunction pending appeal of the matter (Attachment); Notice of motion. (tlm) (Entered: 06/19/1997)

MOTION by plaintiff for an order of habeas corpus or other appropriate order to bring Donna Reed before this court for the hearing on 06/17/97 . (tlm) (Entered: 06/16/1997)

ORDER regarding plaintiff's motion for an order of habeas corpus or other appropriate order to bring Donna Reed before this court for the hearing on 06/17/97 [80-1] (tlm) (Entered: 06/16/1997)

MINUTE ORDER of 6/13/97 by Hon. David H. Coar : Plaintiff's motion for an order of habeas corpus or other appropriate order to bring Donna Reed before this court for the hearing on 06/17/97 is granted. [80-1] Enter Order. This order shall remain in full force and effect until discharged by the Court. Mailed notice (tlm) (Entered: 06/16/1997)

MEMORANDUM of law by plaintiff as to civil contempt; Notice of filing. (tlm) (Entered: 06/16/1997)

TRANSCRIPT of proceedings for the following date(s): 06/06/97 & 06/11/97 Before Honorable David H. Coar (2 vols. Nos. 85-I and 85-II). (tlm) (Entered: 06/16/1997)

MINUTE ORDER of 6/13/97 by Hon. David H. Coar : Plaintiff's motion for witness to testify out of order is granted. [83-1] Ms. Reed to testify on Tuesday, 06/17/97 and Ms. Strong to testify on Wednesday, 06/18/97. No notice (tlm) (Entered: 06/16/1997)

SCHEDULE set on 6/17/97 by Hon. David H. Coar : Order to show cause hearing held and continued to 10:00 a.m. on 6/18/97. No notice (pm)

MINUTE ORDER of 6/17/97 by Hon. David H. Coar : Defendant Sheahan's motion to stay the preliminary injunction pending appeal of the matter is denied. [87-1] No notice (tlm) (Entered: 06/19/1997)

RESPONSE by defendant Michael Sheahan to plaintiff's memorandum of law; Notice of filing. [84-1] (tlm) (Entered: 06/19/1997)

MOTION by defendant to quash subpoena ; Notice of emergency motion. (tlm) (Entered: 06/19/1997)

MINUTE ORDER of 6/17/97 by Hon. David H. Coar : Defendant's motion to quash subpoena is denied [90-1] . Mailed notice (tlm) (Entered: 06/19/1997)

SCHEDULE set on 6/18/97 by Hon. David H. Coar : Order to show cause hearing continued to 9:30 a.m. on 6/24/97 for status. Mailed notice (pm)

MOTION by plaintiff to appoint a special master ; Notice of motion. (tlm) (Entered: 06/25/1997)

PROPOSAL for compliance with Order of 03/17/97 by defendant; Notice of filing. (tlm) (Entered: 06/25/1997)