Case: Young v. County of Cook

1:06-cv-00552 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 30, 2006

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On January 30, 2006, on behalf of a female and a male plaintiff, the Chicago civil rights law firm Loevy & Loevy filed this lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. The complaint challenged the Cook County Sheriff's blanket policy of requiring a strip and body cavity search of every detainee who entered the Cook County Jail for booking/intake, irrespective of the nature of the charge against the detainee and of whether ther…

On January 30, 2006, on behalf of a female and a male plaintiff, the Chicago civil rights law firm Loevy & Loevy filed this lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. The complaint challenged the Cook County Sheriff's blanket policy of requiring a strip and body cavity search of every detainee who entered the Cook County Jail for booking/intake, irrespective of the nature of the charge against the detainee and of whether there was any reasonable suspicion that the detainee was concealing weapons or contraband. Plaintiffs contended that suspicionless strip and body cavity searches of detainees accused of misdemeanors and other minor offenses violated the Fourth and Fourteenth Amendments. Plaintiffs also alleged that the searches of male detainees were conducted in a degrading manner that was significantly different than the manner in which females were searched. All female detainees, however, were also allegedly given, without their consent, sexual transmitted disease (STD) testing by a vaginal swabbing procedure. Plaintiffs sought declaratory and injunctive relief, monetary damages and class certification on the various claims. Approximately a month later, an amended complaint added a third named plaintiff. A month after that, a second amended complaint was filed adding three additional persons, including officers of a health care contractor, to the multiple jail, public health, and governmental officials named as defendants along with Cook County.

Defendants responding by moving to dismiss the case on numerous grounds which included: (1) no personal involvement was alleged as to the individual defendants; (2) testing for STDs by vaginal swabbing was not unconstitutional; (3) the County had no control over the Sheriff; (4) one of the three named plaintiffs (Johnson) was arrested for a felony drug crime, so the strip search of him was lawful; (5) each pretrial detainee arrived at the jail after a judicial determination of probable cause; (6) the issue of living conditions and treatment of pretrial detainees at the jail was decided by the district court in Duran v. Sheahan, Case No.74 C 2949 and the case is therefore barred by the doctrine of issue preclusion; and (7) the Sheriff had no control of the health care company that performed the vaginal swabbing. With the exception of dismissing the official capacity claims against the individual defendants, the District Court (District Judge Matthew F. Kennelly) denied the motion to dismiss by order dated August 25, 2006.

On April 25, 2007, Judge Kennelly certified the case as a class action, with the classes defined as follows: (1) all males who were subjected to a strip search and/or a visual body cavity search as new detainees at the Cook County Jail on or after January 30, 2004; and (2) all persons charged only with misdemeanor or lesser offenses not involving drugs or weapons who were subjected to a strip search and/or a visual body cavity search as new detainees at the Cook County Jail on or after January 30, 2004. Defendants sought leave to appeal the certification order to the Seventh Circuit, but leave was denied. Plaintiffs decided not to seek class certification on the vaginal swabbing claims.

On October 3, 2008, the individual defendants filed two motions for summary judgment, the first based on the constitutionality of the search policy in question, and they second based on principles of qualified immunity. On November 10, 2008, Cook County filed a motion for summary judgment, and on the same day, the plaintiffs also filed a partial summary judgment motion on the issue of liability.

On February 23, 2009, the district court (Judge Michael Kennelly issued an opinion in which it granted the individual defendants' motion for summary judgment based on qualified immunity but denied the individual defendants' motion for summary judgment based on the constitutionality of the search policy. The court also granted Cook County's motion for summary judgment with respect to the respondeat superior claims, but otherwise denied the motion. The court granted the plaintiff motion for summary judgment with respect to the claims of the Class II members and with respect to the Fourth and Fourteenth Amendment claims of the Class I members for searches that occurred prior to the installation of privacy screens, but otherwise denied that motion.

On March 5, 2009, the defendants filed a motion for reconsideration, which the court denied on April 2, 2009. 616 F.Supp.2d 834, N.D. Ill 2009. On August 13, 2009, the case went to trial, and the following day, the jury reached a verdict. They found in favor of the plaintiffs, and held that county jail employees violated the law in the manner in which they conducted strip searches of detainees. The defendant subsequently made two motions in response to the judgment and the district court denied them both.

First, on September 15, 2009, the district court denied the sheriff's motion to stay the proceedings pending his interlocutory appeal of a purported 11th Amendment issue, specifically, the Court's ruling denying his motion for judgment as a matter of law at the recent jury trial. The court held that the interlocutory appeal was frivolous. 2009 WL 2986109 (N.D. Ill. Sept. 15, 2009). Second, on November 17, 2009, the court denied the defendant's motion for judgment as a matter of law of for a new trial.

The issue of damages still remained, so from March 29, 2010, to April 7, 2010, the court held a jury trial on damages. Immediately after the jury trial and before the verdict was issued, the parties entered into settlement talks.

On April 28, 2010, the Seventh Circuit (Judge Easterbrook) denied the defendants' interlocutory appeal of the District Court's denial of "11th Amendment" immunity (Judge Easterbrook admonished the parties for confusing 11th Amendment sovereign immunity with qualified immunity). Judge Easterbrook held that the denial was not from a “final decision” and that the appeal was frivolous. The defendants had waited three years before they asserted immunity, so the District Court had held that the immunity was waived. 604 F.3d 360 (7th Cir. 2010)

But on August 11, 2010, the court entered judgment in favor of the plaintiffs, but did not decided the amount of damages or attorney's fees. Instead, the parties reached a settlement agreement deciding those amounts. On November 24, 2010, the Court preliminarily approved the class-action settlement, and on March 4, 2011, the Court granted final approval of the class action settlement. The defendants agreed to pay roughly $18 million in attorney's fees and costs and $365,000 in incentive awards to the class representatives. The defendants also established a $55,000,000 cash fund to pay the claims of individual class members as they were submitted to the court. After the settlement agreement, the court retained jurisdiction and has been handling the claims of individual class members from 2011-2016. As of April 7, 2016, there have been no new motions from late claimants.

Note: There was another strip search case against the Cook County Sheriff in the same District Court. That case, Bullock v. Sheahan, No. 04 C 1051, alleged an unconstitutional practice and policy of strip searching male inmates prior to their release from the Cook County Jail. See JC-IL-0039.

Summary Authors

Kristen Sagar (10/20/2009)

Jessica Kincaid (4/7/2016)

Related Cases

Bullock v. Sheahan, Northern District of Illinois (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4506987/parties/young-v-county-of-cook/


Judge(s)

Brown, Geraldine Soat (Illinois)

Easterbrook, Frank Hoover (Illinois)

Kennelly, Matthew F. (Illinois)

Attorneys(s) for Plaintiff

Donnell, Heather Lewis (Illinois)

Goodwin, Julia Marie (Illinois)

Jenkins, Matthew T (Illinois)

Kanovitz, Michael I. (Illinois)

Keen, Roshna Bala (Illinois)

Liskow, Samantha Anne (Illinois)

Loevy, Arthur R. (Illinois)

Judge(s)

Brown, Geraldine Soat (Illinois)

Easterbrook, Frank Hoover (Illinois)

Kennelly, Matthew F. (Illinois)

Attorneys(s) for Plaintiff

Donnell, Heather Lewis (Illinois)

Goodwin, Julia Marie (Illinois)

Jenkins, Matthew T (Illinois)

Kanovitz, Michael I. (Illinois)

Keen, Roshna Bala (Illinois)

Liskow, Samantha Anne (Illinois)

Loevy, Arthur R. (Illinois)

Mandel, Aaron S. (Illinois)

Thompson, Julie Marie (Illinois)

Tsai, Cindy (Illinois)

Attorneys(s) for Defendant

Catania, Francis J. (Illinois)

Devine, Richard Arthur (Illinois)

Driscoll, Patrick T. Jr. (Illinois)

Gallagher, Daniel Francis (Illinois)

Guolee, Terrence Franklin (Illinois)

Keleher, Christopher Paul (Illinois)

Kirk, Daniel A. (Illinois)

Kowalczyk, Lawrence S. (Illinois)

Lanzito, Dominick L. (Illinois)

O'Grady, Paul A (Illinois)

Sharifi, Ghazal (Illinois)

Documents in the Clearinghouse

Document

1:06-cv-00552

Docket [PACER]

Jan. 13, 2016

Jan. 13, 2016

Docket
1

1:06-cv-00552

Complaint

Jan. 30, 2006

Jan. 30, 2006

Complaint
16

1:06-cv-00552

Amended Complaint

Feb. 27, 2006

Feb. 27, 2006

Complaint
34

1:06-cv-00552

Second Amended Complaint

March 31, 2006

March 31, 2006

Complaint
57

1:06-cv-00552

Memorandum Opinion and Order

2006 WL 4500062

Aug. 25, 2006

Aug. 25, 2006

Order/Opinion
92

1:06-cv-00552

Memorandum Opinion and Order

2007 WL 1238920, 2007 U.S.Dist.LEXIS 31086

April 25, 2007

April 25, 2007

Order/Opinion
205

1:06-cv-00552

Defendants' Memorandum of Law in Support of their Motion for Summary Judgment on Constitutionality of Search Policy

Young v. Cook County

Oct. 3, 2008

Oct. 3, 2008

Pleading / Motion / Brief
207

1:06-cv-00552

Defendants' Memorandum of Law in Support of their Motion for Summary Judgment Based on Qualified Immunity

Young v. Cook County

Oct. 3, 2008

Oct. 3, 2008

Pleading / Motion / Brief
225

1:06-cv-00552

Defendant County of Cook's Memorandum in Support of its Motion for Summary Judgment

Young v. Cook County

Nov. 10, 2008

Nov. 10, 2008

Pleading / Motion / Brief
230

1:06-cv-00552

Plaintiff's Local Rule 56.1(a)(1)(3) Statement of Undisputed Facts in Support of their Motion for Partial Summary Judgment

Young v. Cook County

Nov. 10, 2008

Nov. 10, 2008

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4506987/young-v-county-of-cook/

Last updated Aug. 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Kim Young, Ronald Johnson; Jury Demand.(mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
2

CIVIL Cover Sheet. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
3

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Michael I Kanovitz. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
4

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Arthur R. Loevy. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
5

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Samantha Anne Liskow. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
6

ATTORNEY Appearance for Plaintiffs Kim Young, Ronald Johnson by Jonathan I. Loevy. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
8

SUMMONS Issued as to Defendants County of Cook, Michael Sheahan, Callie Baird, Scott Kurdovich, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky. (mjc, ) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
9

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to County of Cook on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
10

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Michael Sheahan on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
11

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Steven Martin, Jr on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
12

SUMMONS Returned Executed by Kim Young, Ronald Johnson as to Scott Kurdovich on 1/31/2006, answer due 2/21/2006. (Kanovitz, Michael) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
13

ALIAS Summons Issued as to Scott Kurdovich, Steven Martin, Jr, Leonard R Bersky. (mjc, ) (Entered: 02/02/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
14

SUMMONS Returned Executed by Kim Young, Ronald Johnson (Liskow, Samantha) (Entered: 02/20/2006)

Feb. 20, 2006

Feb. 20, 2006

PACER
15

MINUTE entry before Judge Matthew F. Kennelly :Status hearing set to 9:00 a.m. on 4/10/2006 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/JUDGE/KENNELLY/mfkpage.htm. Counsel for plaintiff (s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant Mailed notice (or, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
16

AMENDED complaint by Kim Young against all defendants also adding William Jones, Plaintiff (Kanovitz, Michael) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
17

NOTICE by Kim Young re amended complaint 16 (Kanovitz, Michael) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
18

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
19

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich (Gallagher, Daniel) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
20

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
21

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich (Kowalczyk, Lawrence) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
22

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich for extension of time to respond to First Amended Complaint (Kowalczyk, Lawrence) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
23

NOTICE of Motion by Lawrence S. Kowalczyk for presentment of motion for extension of time 22 before Honorable Matthew F. Kennelly on 3/15/2006 at 09:30 AM. (Kowalczyk, Lawrence) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
24

ATTORNEY Appearance for Defendants County of Cook, Steven Martin, Jr, Leonard R Bersky by Francis J. Catania Assistant State's Attorney (Catania, Francis) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
25

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Terrence Franklin Guolee (Guolee, Terrence) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
26

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 25 (Guolee, Terrence) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
27

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Daniel A. Kirk (Kirk, Daniel) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
28

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 27 (Kirk, Daniel) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
29

MOTION by Defendants County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky for extension of time to file answer or otherwise plead (Catania, Francis) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

PACER
30

NOTICE of Motion by Francis J. Catania for presentment of motion for extension of time to file answer 29 before Honorable Matthew F. Kennelly on 4/10/2006 at 09:00 AM. (Catania, Francis) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

PACER
31

MINUTE entry before Judge Matthew F. Kennelly : Defendants' motion for additional time 22 is granted. Response to complaint is to be filed by 4/12/06. Mailed notice (mjc, ) (Entered: 03/20/2006)

March 15, 2006

March 15, 2006

PACER
32

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
33

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 32 (Kowalczyk, Lawrence) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
34

SECOND AMENDED complaint by Kim Young, William Jones, Ronald Johnson against all plaintiffs Defendants (Kanovitz, Michael) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
35

NOTICE by all plaintiffs re amended complaint 34 (Kanovitz, Michael) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
36

MINUTE entry before Judge Matthew F. Kennelly : Motion for extension of time to answer 29 is granted. Status hearing pursuant to Rule 16(b) held with attorneys for all parties. Rule 26(a)(1) disclosures are to be made by 5/8/2006. Dicovery is stayed pending the next status hearing. Status hearing continued to 5/11/2006 at 09:30 AM. (or, ) (Entered: 04/14/2006)

April 10, 2006

April 10, 2006

PACER
37

MOTION by Defendants David Fagus, County of Cook, Steven Martin, Jr to dismiss the Second Amended Complaint (Catania, Francis) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

PACER
38

NOTICE of Motion by Francis J. Catania for presentment of motion to dismiss 37 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Catania, Francis) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

PACER
39

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich to dismiss plaintiff's second amended complaint (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
40

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to dismiss 39 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
41

MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich for leave to file brief in excess of 15 pages (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
42

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for leave to file 41 before Honorable Matthew F. Kennelly on 5/11/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
43

MEMORANDUM by Michael Sheahan, Callie Baird, Scott Kurdovich in Support of motion to dismiss 39 (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
44

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re memorandum in support of motion 43 (Gallagher, Daniel) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
45

ATTORNEY Appearance for Defendant County of Cook by Dominick L Lanzito (Lanzito, Dominick) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
46

MINUTE entry before Judge Matthew F. Kennelly : Plaintiffs' response to defendants' motion to dismiss 37, 39 is to be filed by 6/8/06. Replies are to be filed by 6/22/06. Ruling will be made by mail. Status hearing of 5/11/06 is vacated. Mailed notice (mjc, ) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

PACER
47

ATTORNEY Appearance for Defendants Karen Scott, Daniel Winship, Ruth Rothenstein, Leonard R Bersky by Francis J. Catania (Catania, Francis) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
48

MOTION by Plaintiff Kim Young for leave to file excess pages Response to Defendants' Motions to Dismiss (Attachments: # 1 Exhibit Oversized Response Brief)(Kanovitz, Michael) (Entered: 06/08/2006)

2 Exhibit Oversized Response Brief

View on PACER

June 8, 2006

June 8, 2006

PACER
49

NOTICE of Motion by Michael I Kanovitz for presentment of motion for leave to file excess pages 48 before Honorable Matthew F. Kennelly on 6/13/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

PACER
50

NOTICE of Motion by Michael I Kanovitz for presentment of motion for leave to file excess pages 48 before Honorable Matthew F. Kennelly on 6/27/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

PACER
51

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to file excess pages 48 is granted. (or, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

PACER
52

REPLY BY COUNTY OF COOK DEFENDANTS TO THE PLAINTIFF?S COMBINED RESPONSE TO THE MOTION BY COUNTY OF COOK TO DISMISS THE SECOND AMENDED COMPLAINT (Catania, Francis) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
53

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein OF REPLY BY COUNTY OF COOK DEFENDANTS TO THE PLAINTIFF?S COMBINED RESPONSE TO THE MOTION BY COUNTY OF COOK TO DISMISS THE SECOND AMENDED COMPLAINT (Catania, Francis) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
54

REPLY by Michael Sheahan, Callie Baird, Scott Kurdovichin Support of MOTION by Defendants Michael Sheahan, Callie Baird, Scott Kurdovich to dismiss plaintiff's second amended complaint 39 (Attachments: # 1 Affidavit Affidavit with General Order)(Gallagher, Daniel) (Entered: 06/22/2006)

2 Affidavit Affidavit with General Order

View on PACER

June 22, 2006

June 22, 2006

PACER
55

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re reply to response to motion, 54 (Gallagher, Daniel) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
56

MINUTE entry before Judge Matthew F. Kennelly : For the reasons set forth in the Memorandum Opinion and Order, the Court denies the Sheriff defendants' motion to dismiss (34). The Court grants the Cook County defendants' motion to dismiss (38) to the extent it seeks dismissal of official capacity claims against Martin, Jr., Winship, Fagus, Scott, Rothstein, and Bersky, but the motion is otherwise denied. Answer to all remaining claims due 9/15,2006. Status hearing set to 9/7/06 at 9:30 a.m. for the purpose of setting a discovery schedule. Mailed notice (mjc, ) (Entered: 09/07/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
57

MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 8/25/2006.(mjc, ) (Entered: 09/07/2006)

Aug. 25, 2006

Aug. 25, 2006

RECAP
58

MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 9/7/2006 and continued to 2/7/2006 at 09:30 AM. Motion for class certification is to be filed by 1/31/2007. Parties may begin taking class discovery. (or, ) (Entered: 09/08/2006)

Sept. 7, 2006

Sept. 7, 2006

PACER
59

ANSWER to Complaint with Jury Demand Second Amended Complaint by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky(Catania, Francis) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
60

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky Answer to Plaintiffs' Second Amended Complaint (Catania, Francis) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
61

ANSWER to amended complaint and Affirmative Defenses by Michael Sheahan, Callie Baird, Scott Kurdovich(Gallagher, Daniel) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
62

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re answer to amended complaint 61 and affirmative defenses (Gallagher, Daniel) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
63

MOTION by Defendant County of Cook to withdraw as attorney (Lanzito, Dominick) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
64

NOTICE by County of Cook re MOTION by Defendant County of Cook to withdraw as attorney 63 (Lanzito, Dominick) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
65

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to withdraw is granted. Dominick Lanzito is granted to withdraw his appearance for defendants. Mailed notices (gcy, ) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
66

NOTICE of Motion by Dominick L Lanzito for presentment of before Honorable Matthew F. Kennelly on 10/10/2006 at 09:30 AM. (Lanzito, Dominick) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
67

NOTIFICATION by Dominick Lanzito of Address Change for defendant County of Cook. (mjc, ) (Entered: 10/05/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
68

MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to withdraw appearance of Dominic Lanzito as attorney for defendant County of Cook is granted. Mailed notices (gcy, ) (Entered: 10/10/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
69

ATTORNEY Appearance for Defendants Michael Sheahan, Callie Baird, Scott Kurdovich by Dominick L Lanzito (Lanzito, Dominick) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
70

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re attorney appearance 69 (Lanzito, Dominick) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
71

MOTION by Plaintiff Kim Young to compel 30(b)(6) Deposition (Attachments: # 1 Exhibit A through I)(Kanovitz, Michael) (Entered: 10/18/2006)

2 Exhibit A through I

View on PACER

Oct. 18, 2006

Oct. 18, 2006

PACER
72

NOTICE of Motion by Michael I Kanovitz for presentment of motion to compel 71 before Honorable Matthew F. Kennelly on 10/25/2006 at 09:30 AM. (Kanovitz, Michael) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
73

MOTION by Defendant County of Cook, Plaintiff Kim Young for extension of time to file motion (Liskow, Samantha) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
74

NOTICE of Motion by Samantha Anne Liskow for presentment of extension of time 73 before Honorable Matthew F. Kennelly on 2/7/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
75

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class (Attachments: # 1 Exhibits)(Liskow, Samantha) (Entered: 01/31/2007)

2 Exhibits

View on PACER

Jan. 31, 2007

Jan. 31, 2007

PACER
76

NOTICE of Motion by Samantha Anne Liskow for presentment of motion to certify class 75 before Honorable Matthew F. Kennelly on 2/7/2008 at 09:30 AM. (Liskow, Samantha) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
77

MINUTE entry before Judge Matthew F. Kennelly dated 2/7/07: Motion hearing held. Joint motion to extend time to file motion for certification of the proposed "Swabbing" Class (Dkt. No. 73) is granted. Motion terminated. Defendant County of Cook is given until March 2, 2007 to file her motion for class certification of the "swabbing" class. Defendant's are to respond to plaintiff's motion to certify class 75 on or before 3/9/07. Plaintiff to reply by 3/23/07. A status hearing and ruling date on motion for class certification is set for 4/23/07 at 9:30 a.m. Judicial staff mailed notice (gl, ) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER
78

MOTION by Defendant County of Cook, Plaintiff Kim Young for extension of time to file motion (Liskow, Samantha) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
79

NOTICE of Motion by Samantha Anne Liskow for presentment of extension of time 78 before Honorable Matthew F. Kennelly on 3/6/2007 at 09:45 AM. (Liskow, Samantha) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
80

MINUTE entry before Judge Matthew F. Kennelly : The joint motion to further extend time is granted The deadline for filing a motion for class certification on the proposed "swabbing" loss is extended to 5/2/07. No further extensions will be granted. The case remains set for a status hearing on 4/23/07 at 9:30 a.m. Mailed notices (gcy, ) (Entered: 03/07/2007)

March 6, 2007

March 6, 2007

PACER
81

RESPONSE by Michael Sheahan, Callie Baird, Scott Kurdovichin Opposition to MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class 75 (Attachments: # 1 Exhibit List of Exhibits to Defendants' Response to Plaintiffs' Motion for Class Certification# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit Group 4 (Part 1 of 5)# 6 Exhibit Group 4 (Part 2 of 5)# 7 Exhibit Group 4 (Part 3 of 5)# 8 Exhibit Group 4 (Part 4 of 5)# 9 Exhibit Group 4 (Part 5 of 5)# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9)(Gallagher, Daniel) (Entered: 03/09/2007)

2 Exhibit List of Exhibits to Defendants' Response to Plaintiffs' Motion

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit Group 4 (Part 1 of 5)

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7 Exhibit Group 4 (Part 2 of 5)

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8 Exhibit Group 4 (Part 3 of 5)

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9 Exhibit Group 4 (Part 4 of 5)

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10 Exhibit Group 4 (Part 5 of 5)

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11 Exhibit 5

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12 Exhibit 6

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13 Exhibit 7

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14 Exhibit 8

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15 Exhibit 9

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March 9, 2007

March 9, 2007

PACER
82

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re response in opposition to motion,, 81 for class certification (Gallagher, Daniel) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
83

RESPONSE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Berskyin Opposition to MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to certify class 75 (Catania, Francis) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
84

NOTICE by David Fagus, Karen Scott, Daniel Winship, County of Cook, Steven Martin, Jr, Ruth Rothenstein, Leonard R Bersky (Catania, Francis) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
85

REPLY by Plaintiff Kim Young to motion to certify class 75 (Attachments: # 1 Exhibit A-C)(Kanovitz, Michael) (Entered: 03/23/2007)

2 Exhibit A-C

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March 23, 2007

March 23, 2007

PACER
86

Defendants' Responses to Plaintiffs' First Requests to Admit to the Cook County Sheriff's Department Defendants by Michael Sheahan, Callie Baird, Scott Kurdovich (Gallagher, Daniel) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
87

NOTICE by Michael Sheahan, Callie Baird, Scott Kurdovich re other 86 Defendants' Responses to Plaitniffs' First Requests to Admit to the Cook County Sheriff's Department Defendants (Gallagher, Daniel) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
88

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson to compel discovery (Liskow, Samantha) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
89

NOTICE of Motion by Samantha Anne Liskow for presentment of motion to compel 88 before Honorable Matthew F. Kennelly on 4/23/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
90

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 4/23/2007 and continued to 5/10/2007 at 09:30 AM. (or, ) (Entered: 04/24/2007)

April 23, 2007

April 23, 2007

PACER
91

MINUTE entry before Judge Matthew F. Kennelly : For the reasons set forth in the Memorandum Opinion and Order, the Court grants plaintiffs' motion for class certification (document 75). Mailed notices (gcy, ) (Entered: 04/27/2007)

April 25, 2007

April 25, 2007

PACER
92

MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 4/25/2007:(gcy, ) (Entered: 04/27/2007)

April 25, 2007

April 25, 2007

RECAP
93

STIPULATION That Plaintiff Young Will Not Move To Certify the Putative Class Claims in Count I-II (Kanovitz, Michael) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
94

MINUTE entry before Judge Matthew F. Kennelly : Status hearing held and continued to 8/29/2007 at 9:30 am. Plaintiff's motion to compel is entered and continued to 5/17/2007 at 9:30 a.m. Fact discovery cutoff set to 12/3/2007. Plaintiff's 26(a)(2) disclosures due 1/7/2008, and defendant's by 2/7/2008. Expert discovery cutoff is 3/7/2008.Mailed notice (mjc, ) (Entered: 05/14/2007)

May 10, 2007

May 10, 2007

PACER
95

MINUTE entry before Judge Matthew F. Kennelly :Motion to compel 88 is terminated based on agreement to comply. (or, ) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
96

MOTION by Plaintiffs Kim Young, William Jones, Ronald Johnson for protective order (Liskow, Samantha) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

PACER
97

NOTICE of Motion by Samantha Anne Liskow for presentment of motion for protective order 96 before Honorable Matthew F. Kennelly on 7/18/2007 at 09:30 AM. (Liskow, Samantha) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

PACER
98

MINUTE entry before Judge Matthew F. Kennelly : Agreed motion for entry of protective order is granted. Counsel is directed to summit an electronic version of each order for signature, following instructions on Judge Kennelly's web page. Mailed notices (gcy, ) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

PACER
99

PROTECTIVE Order Signed by Judge Matthew F. Kennelly on 7/20/2007:(or, ) (Entered: 07/27/2007)

July 20, 2007

July 20, 2007

PACER
100

PROTECTIVE Order Signed by Judge Matthew F. Kennelly on 7/20/2007:(or, ) (Entered: 07/27/2007)

July 20, 2007

July 20, 2007

PACER
101

MINUTE entry before Judge Matthew F. Kennelly :Status hearing held on 8/29/2007. Plaintiff's attorney fails to appear. Status hearing continued to 9/12/2007 at 09:30 AM. Plaintiff's attorney is ordered to appear. (or, ) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Jan. 30, 2006

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Males subjected to a strip and/or a visual body cavity search as new detainees at Cook County Jail on or after January 30, 2004; All persons charged w/ misdemeanor not involving drugs/weapons subjected to same type of search during same time frame.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County, Illinois, County

Cook County Department of Corrections (Cook), County

Cook County Sheriff (Cook), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 55,000,000

Issues

General:

Search policies

Strip search policy

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Male

Type of Facility:

Government-run