Case: Rasho v. Snyder

3:00-cv-00528 | U.S. District Court for the Southern District of Illinois

Filed Date: Jan. 7, 1999

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 7, 1999, Illinois state prisoners who had serious mental illnesses filed an action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois. These prisoners resided in a "super maximum" security correctional institution in Tamms, Illinois. They were represented by private counsel and attorneys from Northwestern University School of Law's MacArthur Justice Center and from the Edwin F. Mandel Legal Aid Clinic. Counsel amended the complaint on Febr…

On January 7, 1999, Illinois state prisoners who had serious mental illnesses filed an action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois. These prisoners resided in a "super maximum" security correctional institution in Tamms, Illinois. They were represented by private counsel and attorneys from Northwestern University School of Law's MacArthur Justice Center and from the Edwin F. Mandel Legal Aid Clinic. Counsel amended the complaint on February 25, 1999, to add and dismiss a few defendants, but all the defendants were officials operating facilities of the Illinois Department of Corrections (IDOC) and IDOC, itself. Requesting class certification and injunctive relief, the plaintiffs alleged that the defendants (1) were deliberately indifferent to prisoners' mental health needs in violation of the Eighth and Fourteenth Amendments; (2) provided, for mentally ill inmates, living conditions that violated those amendments; (3) violated the state mental health code, which created a liberty or property interest under the Fourteenth Amendment's due process guarantee; (4) violated the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., and (5) violated the Rehabilitation Act, 29 U.S.C. § 504. Also on February 25, 1999, the defense filed a motion to transfer venue. On March 31, 1999, the defendants filed a motion to dismiss the amended complaint, but that motion had not been ruled upon when District Judge Robert W. Gettleman granted the motion to transfer venue on April 13, 1999, sending the case to the U.S. District Court for the Southern District of Illinois. Boyd v. Snyder, 44 F.Supp.2d 966 (N.D. Il. 1999). There, the plaintiffs, on June 6, 2000, dismissed their case without prejudice and filed a lengthy new complaint in the Southern District of Illinois, adding a defendant but making essentially the same individual and class-based claims on behalf of seriously mentally ill inmates housed or to be housed at Tamms Correctional Center. Plaintiffs sought compensatory and punitive damages and injunctive and declaratory relief, suing the defendants in their individual and official capacities.

Some of the defendants filed motions to dismiss, alleging that plaintiffs had not exhausted administrative remedies as to the moving defendants, had failed to allege physical injuries as required by a provision of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(e), failed to sufficiently allege personal responsibility for certain alleged injuries or misconduct, failed to state claims upon which relief could be granted as to the ADA and Rehabilitation Act, had no due process rights under the Illinois mental health code, and that the defendants were protected from the damages claims in their official capacity by reason of the Eleventh Amendment and also protected by qualified immunity from certain of plaintiffs' claims. U.S. Magistrate Judge Clifford J. Proud considered the pretrial dismissal motions and issued his report and recommendation on August 2, 2001. His recommendations were adopted in full by District Judge Davis R. Herndon in an unpublished order on September 18, 2001. Accordingly, many of the plaintiffs' claims were dismissed, including the alleged ADA violation and the due process claim relying on the state's mental health code, and certain defendants were dismissed from the case or permitted to be proceeded against only in their individual, as opposed to official, capacity.

Plaintiffs' efforts to have their case certified as a class action were rejected by Magistrate Judge Proud's November 6, 2001, unpublished recommendation, which was adopted by District Judge Herndon on March 27, 2002. The district judge's ruling rejected plaintiffs' objections to the magistrate's report, as Judge Herndon elected not to credit plaintiffs' expert statistical analysis about the likely number of seriously mentally ill prisoners at Tamms, instead choosing to rely on defense-submitted records indicating 15 such prisoners were housed at Tamms. Such a number, said the judge in an unpublished opinion, was not so large as to warrant class action treatment. The plaintiffs filed a motion asking the judge to reconsider this ruling. The motion led to the judge conducting another hearing, touring the Tamms facility, and reviewing prisoners' mental health records. In an unpublished order on February 28, 2003, Judge Herndon stood by his earlier ruling that denied class action status to the case, stating that the additional sources of information he had considered made him more sure that class action status was unwarranted.

Discovery proceedings and negotiations between the parties had occurred as the months went by. On October 1, 2002, in a pleading referencing a stipulation, one plaintiff dismissed, with prejudice, his allegations against all defendants and the remaining plaintiffs dismissed, with prejudice, their allegations against two particular defendants. We do not have a copy of the stipulation nor otherwise know of its' terms. At various times, the parties and the court addressed the need for protective orders concerning discovery items, such as videotapes of extraction teams removing prisoners from cells or policy statements regarding prisoner transfers, trying to address concerns the court regarded as legitimate that unlimited disclosure of such materials would enable prisoners' plots to thwart security efforts or to manufacture reasons for transfer. Other developments in the case included the plaintiffs' unopposed motion to dismiss, on mootness grounds, a plaintiff who no longer resided in the Tamms facility. The motion was granted by the court on June 10, 2004.

Eventually, the defendants filed motions for summary judgment. By the time the motions were ruled upon, only two plaintiffs and six defendants, together with IDOC, remained as parties and the claim for damages was no longer being pressed. Adopting and expanding upon Magistrate Judge Proud's January 24, 2005, unpublished recommendation that the motion for summary judgment be granted in part and denied in part, Judge Herndon's March 24, 2005, unpublished order overruled defense objections that their motion should have been granted in its entirety. According to the court, genuine issues of material fact remained and warranted trial as to some defendants on the Eighth Amendment deliberate indifference claim and the alleged violation of the Rehabilitation Act; however, the IDOC high-level officials and the Tamms warden were dismissed from the case, as the plaintiffs had shown no evidence that these defendants were deliberately indifferent or otherwise at fault in relying on diagnoses by IDOC psychiatrists or psychologists.

No trial occurred, however, because the remaining parties settled the case, resulting in its dismissal on May 25, 2005. We have no details of the settlement's terms, nor any information indicating further action occurring in the case.

Summary Authors

Mike Fagan (5/6/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6140547/parties/rasho-v-snyder/


Judge(s)

Gettleman, Robert William (Illinois)

Herndon, David R. (Illinois)

Proud, Clifford J. (Illinois)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

Chapman, James (Illinois)

Heyrman, Mark Joseph (Illinois)

Mandel, Edwin F (Illinois)

Snyder, Jean MacLean (Illinois)

Attorneys(s) for Defendant

Anthony, Katherine M. (Illinois)

Corrigan, Terence J. (Illinois)

Judge(s)

Gettleman, Robert William (Illinois)

Herndon, David R. (Illinois)

Proud, Clifford J. (Illinois)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

Chapman, James (Illinois)

Heyrman, Mark Joseph (Illinois)

Mandel, Edwin F (Illinois)

Snyder, Jean MacLean (Illinois)

Attorneys(s) for Defendant

Anthony, Katherine M. (Illinois)

Corrigan, Terence J. (Illinois)

Frey, R. Shelton (Illinois)

Higgerson, Christopher L. (Illinois)

Marsalek, Diann Karen (Illinois)

O'Leary, Susan Takata (Illinois)

Siegel, Richard John (Illinois)

Stauffer, Randall C. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

R v. Washington

U.S. District Court for the Northern District of Illinois

April 26, 1999 Docket

Docket [PACER]

Sept. 28, 2006 Docket
57

Memorandum Opinion and Order [Re: Transfer]

Boyd v. Snyder

U.S. District Court for the Northern District of Illinois

44 F.Supp.2d 966

April 13, 1999 Order/Opinion
1

Complaint

July 6, 2000 Complaint
47

Report and Recommendation [re: Motion to Dismiss Counts I-III]

Aug. 2, 2001 Magistrate Report/Recommendation
48

Report and Recommendation [Re: Motion to Dismiss Complaint]

Aug. 2, 2001 Magistrate Report/Recommendation
53

Memorandum and Order [Re: Motion to Dismiss Counts I-III]

Sept. 18, 2001 Order/Opinion
54

Memorandum and Order [Re: Motion to Dismiss Complaint]

Sept. 18, 2001 Order/Opinion
64

Report and Recommendation [Re: Class Certification]

Nov. 6, 2001 Magistrate Report/Recommendation
85

Memorandum and Order [Re: Class Certification]

March 27, 2002 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6140547/rasho-v-snyder/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summonses issued) Filing fee pd $ 150.00 receipt # 300 68448 (fe) (Entered: 07/07/2000)

July 6, 2000 PACER
2

ENTRY OF APPEARANCE for plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd by Jean Maclean Snyder (fe) (Entered: 07/07/2000)

July 6, 2000 PACER
3

ENTRY OF ADDITIONAL APPEARANCE for plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd by James P. Chapman (fe) (Entered: 07/07/2000)

July 6, 2000 PACER
4

ORDER by Judge David R. Herndon Case referred to Mag/Judge Clifford J. Proud (cc: all counsel) (myz) (Entered: 07/13/2000)

July 13, 2000 PACER
5

ATTORNEY APPEARANCE for defendant Marvin Powers, defendant Rakesh Chandra by Patrick J. Londrigan (acm) (Entered: 08/01/2000)

Aug. 1, 2000 PACER
6

MOTION by defendant Marvin Powers, defendant Rakesh Chandra for additional time in which to plead (acm) (Entered: 08/01/2000)

Aug. 1, 2000 PACER
7

MOTION by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Kelly Rhodes, IL Dept of Corr for enlargement of time to answer (acm) (Entered: 08/07/2000)

Aug. 2, 2000 PACER
8

ORDER by Mag/Judge Clifford J. Proud granting motions for additional time to plead [6-1] & [7-1] to 9/15/00 (cc: all counsel) (dmw) (Entered: 08/16/2000)

Aug. 11, 2000 PACER
9

MOTION by defendants Snyder, Elyea, Hopkins, DeTella, Welborn, Powers, Rhodes, Chandra and IDOC to dismiss plaintiffs' complaint (acm) (Entered: 09/20/2000)

Sept. 18, 2000 PACER
10

MOTION by defendants for leave to file brief in excess of 10 pages limitation instanter (acm) (Entered: 09/20/2000)

Sept. 18, 2000 PACER
11

MOTION by defendants Marvin Powers & Rakesh Chandra to dismiss Counts I, II and III (dmw) (Entered: 09/25/2000)

Sept. 20, 2000 PACER
12

MEMORANDUM by defendants Marvin Powers & Rakesh Chandra in support of motion to dismiss Counts I, II and III [11-1] (dmw) (Entered: 09/25/2000)

Sept. 20, 2000 PACER
13

ATTORNEY APPEARANCE for defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr by Shelton Frey (acm) (Entered: 10/04/2000)

Sept. 29, 2000 PACER
14

ATTORNEY APPEARANCE for defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr by Randall C. Stauffer (acm) (Entered: 10/04/2000)

Oct. 2, 2000 PACER
15

MOTION by plaintiffs to extend briefing schedule of defendants' motion to dismiss (acm) (Entered: 10/04/2000)

Oct. 2, 2000 PACER
16

ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file brief in excess of 10 pages limitation instanter [10-1], re [9-1] (cc: all counsel) (fe) (Entered: 10/13/2000)

Oct. 12, 2000 PACER
17

MEMORANDUM by defendant in support of motion to dismiss plaintiffs' complaint [9-1] (fe) (Entered: 10/13/2000)

Oct. 12, 2000 PACER
18

ATTORNEY APPEARANCE for plaintiffs by Mark J. Heyrman (dlr) (Entered: 10/25/2000)

Oct. 20, 2000 PACER
19

ATTORNEY APPEARANCE for plaintiffs by Locke E. Bowman (dlr) (Entered: 10/25/2000)

Oct. 20, 2000 PACER
20

ORDER by Mag/Judge Clifford J. Proud granting motion to extend briefing schedule of defendants' motion to dismiss [15-1], motion to dismiss Counts I, II and III [11-1] resp due 12/4/00, motion to dismiss plaintiffs' complaint [9-1] resp due 12/4/00 (cc: all counsel) (fe) (Entered: 10/26/2000)

Oct. 23, 2000 PACER
21

SECOND MOTION by plaintiffs to extend briefing schedule of defendants' motions to dismiss (dlr) (Entered: 12/12/2000)

Dec. 4, 2000 PACER
22

MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd for leave to file memorandum in excess of ten pages (amv) (Entered: 12/22/2000)

Dec. 20, 2000 PACER
25

ORDER by Mag/Judge Clifford J. Proud granting motion to extend briefing schedule of defendants' motions to dismiss [21-1], motion to dismiss Counts I, II and III [11-1] resp due 12/20/00, motion to dismiss plaintiffs' complaint [9-1] resp due 12/20/00 (cc: all counsel) (car) (Entered: 01/03/2001)

Dec. 22, 2000 PACER
23

ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file memorandum in excess of ten pages [22-1], re [11-1], re [9-1] (cc: all counsel) (fe) (Entered: 01/03/2001)

Dec. 27, 2000 PACER
24

RESPONSE by plaintiff to motion to dismiss Counts I, II and III [11-1], motion to dismiss plaintiffs' complaint [9-1] (fe) (Entered: 01/03/2001)

Dec. 27, 2000 PACER
26

REPLY by defendants in support of their motion to dismiss plaintiffs' complaint re [11-1], re [9-1] (fe) (Entered: 01/11/2001)

Jan. 8, 2001 PACER
27

MOTION by defendants to stay discovery pending a ruling on defendants' motion to dismiss (dlr) (Entered: 03/05/2001)

March 1, 2001 PACER
28

MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd for leave to file memorandum in excess of ten pages (amv) (Entered: 03/22/2001)

March 15, 2001 PACER
29

MOTION by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd to certify the plaintiff's class (amv) (Entered: 03/22/2001)

March 15, 2001 PACER
30

RESPONSE by plaintiff Ashoor Rasho, plaintiff Faygie Fields, plaintiff Brian Nelson, plaintiff Robert Boyd to defendants' motion to stay discovery pending a ruling on defendants' motion to dismiss [27-1] (amv) (Entered: 03/22/2001)

March 15, 2001 PACER
31

MOTION by defendants for enlargement of time in which to file a response to plaintiff's motion to certify the plaintiff class (dlr) (Entered: 04/03/2001)

April 2, 2001 PACER
32

MOTION by defendants for leave to to File Memorandum of Law in Opposition to Plaintiff's Motion to Certify in Excess of Ten Pages Instanter (scj) (Entered: 04/24/2001)

April 20, 2001 PACER
33

MOTION by plaintiffs' to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class (fe) (Entered: 05/04/2001)

April 30, 2001 PACER
34

ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' opposition to plaintiffs' motion to certify the plaintiff class [33-1] motion to certify the plaintiff's class [29-1] resp due 5/18/01 (cc: all counsel) (dmw) (Entered: 05/09/2001)

May 7, 2001 PACER
35

SECOND MOTION by plaintiffs to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class (dlr) (Entered: 05/24/2001)

May 18, 2001 PACER
36

ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class [35-1] up to and including 6/8/01 (cc: all counsel) (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
37

ORDER by Mag/Judge Clifford J. Proud granting motion for leave to file memorandum in excess of ten pages [28-1] (cc: all counsel) (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
38

MEMORANDUM by plaintiffs in support of motion to certify the plaintiff's class [29-1] (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
39

ORDER by Mag/Judge Clifford J. Proud granting motion to stay discovery pending a ruling on defendants' motion to dismiss [27-1]; discovery is stayed until further notice (cc: all counsel) (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
40

ORDER by Mag/Judge Clifford J. Proud granting motion for leave to to File Memorandum of Law in Opposition to Plaintiff's Motion to Certify in Excess of Ten Pages Instanter [32-1], granting motion for enlargement of time in which to file a response to plaintiff's motion to certify the plaintiff class [31-1] (cc: all counsel) (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
41

MEMORANDUM OF LAW by defendants in opposition to motion to certify the plaintiff's class [29-1] (dlr) (Entered: 06/07/2001)

June 1, 2001 PACER
42

THIRD MOTION by plaintiffs to extend time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify plaintiff class (dmw) (Entered: 06/11/2001)

June 8, 2001 PACER
43

ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify plaintiff class [42-1], re [29-1] ; brief ddl set for Friday, 7/6/01 (cc: all counsel) (scj) (Entered: 06/18/2001)

June 13, 2001 PACER
44

FOURTH MOTION by plaintiffs for extension of time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify class (dmw) (Entered: 07/10/2001)

July 6, 2001 PACER
45

REPLY by plaintiff re defendants memorandum of law in opposition to plaintiffs' motion to certify the plaintiff class [29-1] (scj) (Entered: 07/12/2001)

July 11, 2001 PACER
46

MOTION by plaintiffs' Ashoor Rasho, Faygie Fields, Brian Nelson, Robert Boyd to file certification and cv (tjh) (Entered: 07/24/2001)

July 20, 2001 PACER
47

REPORT AND RECOMMENDATION concerning motion to dismiss Counts I, II and III [11-1] ; recommending that motion be granted in part and denied in part (cc: all counsel) (dlr) (Entered: 08/08/2001)

Aug. 2, 2001 PACER
48

REPORT AND RECOMMENDATION concerning motion to dismiss plaintiffs' complaint [9-1] ; recommending that motion be granted in part and denied in part (cc: all counsel) (dlr) (Entered: 08/08/2001)

Aug. 2, 2001 PACER
49

UNOPPOSED MOTION by plaintiffs to extend time for objection to Magistrate's report and recommendation (dmw) (Entered: 08/14/2001)

Aug. 13, 2001 PACER
50

UNOPPOSED MOTION by plaintiffs to extend time for objection to Magistrate's Report and Recommendation (dlr) (Entered: 08/16/2001)

Aug. 16, 2001 PACER
51

ORDER by Judge David R. Herndon granting motion to extend time for objection to Magistrate's report and recommendation [49-1]; report and recommendation concerning motion to dismiss plaintiffs' complaint [9-1] [48-1] resp due 9/10/01, report and recommendation concerning motion to dismiss Counts I, II and III [11-1] [47-1] resp due 9/10/01 (cc: all counsel) (dlr) (Entered: 08/20/2001)

Aug. 16, 2001 PACER
52

ORDER by Judge David R. Herndon granting motion to extend time for objection to report and recommenation [50-1], report and recommendations [48-1] & [47-1] resp due 9/10/01 (cc: all counsel) (dmw) (Entered: 08/22/2001)

Aug. 20, 2001 PACER
53

MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation concerning motion to dismiss Counts I, II and III [11-1] [47-1]; granting in part and denying in part motion to dismiss Counts I, II and III [11-1]; the individual capacity claims against Chandra in Counts I, II, and III are dismissed; all individual capacity claims against Powers in Counts II and III ar dismissed; see order for specifics (cc: all counsel) (dlr) (Entered: 09/19/2001)

Sept. 18, 2001 PACER
54

MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation concerning motion to dismiss plaintiffs' complaint [9-1] [48-1]; granting in part and denying in part motion to dismiss plaintiffs' complaint [9-1]; see order for specifics (cc: all counsel) (dlr) (Entered: 09/19/2001)

Sept. 18, 2001 PACER
55

MOTION by defendants for enlargement of time in which to answer complaint (dlr) Modified on 10/02/2001 (Entered: 10/02/2001)

Oct. 1, 2001 PACER
59

ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time in which to answer complaint [55-1] brief ddl set 11/2/01 (cc: all counsel) (scj) (Entered: 10/05/2001)

Oct. 3, 2001 PACER
56

ORDER by Mag/Judge Clifford J. Proud denying motion for extension of time to reply to defendants' memorandum in opposition to plaintiffs' motion to certify class as moot [44-1] (cc: all counsel) (fe) (Entered: 10/05/2001)

Oct. 4, 2001 PACER
57

ORDER by Mag/Judge Clifford J. Proud granting motion to file certification and cv [46-1], re [29-1] (cc: all counsel) (fe) (Entered: 10/05/2001)

Oct. 4, 2001 PACER
58

CERTIFICATION (AFFIDAVIT) of Kathryn A. Burns, M.D. re motion to certify [29-1] (fe) (Entered: 10/05/2001)

Oct. 4, 2001 PACER
60

MOTION by plaintiffs to amend complaint on it's face (dlr) (Entered: 10/10/2001)

Oct. 5, 2001 PACER
61

SECOND MOTION by defendants for enlargement of time to answer or otherwise respond to complaint (dmw) (Entered: 11/02/2001)

Nov. 1, 2001 PACER
62

ORDER by Mag/Judge Clifford J. Proud denying motion to amend complaint on it's face [60-1] (cc: all counsel) (fe) (Entered: 11/08/2001)

Nov. 6, 2001 PACER
63

ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to answer or otherwise respond to complaint, up to and including 12/7/01 [61-1] (cc: all counsel) (fe) (Entered: 11/08/2001)

Nov. 6, 2001 PACER
64

REPORT AND RECOMMENDATION: recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] (cc: all counsel) (fe) (Entered: 11/08/2001)

Nov. 6, 2001 PACER
65

MOTION by plaintiffs to extend time for objection to report and recommendation (dmw) (Entered: 11/21/2001)

Nov. 20, 2001 PACER
66

ORDER by Judge David R. Herndon granting motion to extend time for objection to report and recommendation [65-1], report and recommendation: recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] [64-1] resp due 12/18/01 (cc: all counsel) (dlr) (Entered: 11/28/2001)

Nov. 26, 2001 PACER
67

THIRD MOTION by defendants for enlargement of time to answer or otherwise respond to complaint (dmw) (Entered: 12/11/2001)

Dec. 7, 2001 PACER
68

ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time. Defendants are given up to and including the 21st day after this court enters a order concerning the report and recommendation to answer or otherwise plead to complaint [67-1], re [64-1], re [29-1] (cc: all counsel) (fe) (Entered: 12/18/2001)

Dec. 14, 2001 PACER
69

SECOND MOTION by plaintiffs to extend time for objection to magistrate's report and recommendation (dlr) (Entered: 12/21/2001)

Dec. 18, 2001 PACER
70

ORDER by Judge David R. Herndon granting motion to extend time for objection to magistrate's report and recommendation [69-1], resp due 1/15/02 (cc: all counsel) (fe) (Entered: 12/28/2001)

Dec. 27, 2001 PACER
71

MOTION by plaintiffs' Ashoor Rasho, Faygie Fields, Brian Nelson, Robert Boyd to extend time for objection to magistrate's report and recommendation (tjh) (Entered: 01/24/2002)

Jan. 15, 2002 PACER
72

OBJECTIONS by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to Report and Recommendation [64-1] (scj) (Entered: 01/29/2002)

Jan. 25, 2002 PACER
73

ORDER by Judge David R. Herndon granting motion to extend time for objection to magistrate's report and recommendation [71-1], report and recommendation [64-1] resp due 1/25/02 (cc: all counsel) (dmw) (Entered: 01/30/2002)

Jan. 25, 2002 PACER
74

REPLY TO PLAINTIFFS' OBJECTIONS by defendants' Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr to Report and Recommendation [64-1] (tjh) (Entered: 02/13/2002)

Feb. 11, 2002 PACER
75

ORDER by Judge David R. Herndon neither adopting nor rejecting the report and recommendation by Magistrate Judge Proud [64-1] (cc: all counsel) (tjh) (Entered: 02/15/2002)

Feb. 15, 2002 PACER
76

MOTION by plaintiffs to modify order of 2/15/02 (to amend), and for leave to conduct limited discovery (dmw) (Entered: 02/28/2002)

Feb. 25, 2002 PACER
77

RESPONSE by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, and IL Dept of Corr to motion to modify order of 2/15/02 (to amend) [76-1], motion for leave to conduct limited discovery [76-2] (scj) (Entered: 03/12/2002)

March 4, 2002 PACER
78

REPLY by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to response to motion to modify order of 2/15/02 (to amend) [76-1], motion for leave to conduct limited [76-2] (scj) (Entered: 03/12/2002)

March 7, 2002 PACER
79

MOTION by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to lift stay on discovery, and set a status conference (scj) (Entered: 03/14/2002)

March 11, 2002 PACER
80

ORDER by Judge David R. Herndon denying motion to modify order of 2/15/02 (to amend) [76-1], denying motion for leave to conduct limited discovery [76-2] (cc: all counsel) (dlr) (Entered: 03/20/2002)

March 15, 2002 PACER
81

MEMORANDUM ON THE EFFECT REICKENBACKER V. FOSTER ON THE REHABILITATION ACT CLAIMS RAISED IN THIS CASE (NOTICE) by defendants (dlr) (Entered: 03/26/2002)

March 18, 2002 PACER
82

CERTIFICATE OF COMPLIANCE (NOTICE) by defendants (dlr) (Entered: 03/26/2002)

March 18, 2002 PACER
83

AFFIDAVIT of Dr. Kelly Rhodes (filed under seal) (dlr) (Entered: 03/26/2002)

March 18, 2002 PACER
84

(NOTICE) OF SUBMISSION CONCERNING THE REBAH ACT AND REICKENBACKER V. FOSTER by plaintiff class (scj) (Entered: 03/26/2002)

March 18, 2002 PACER
86

MOTION by plaintiff to file exhibits to previously filed motion (dlr) (Entered: 03/29/2002)

March 21, 2002 PACER
87

RESPONSE by plaintiff class Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd to Submission concerning Rehab Act and Reickenbacker v Foster [84-1] (scj) (Entered: 04/01/2002)

March 25, 2002 PACER
85

MEMORANDUM AND ORDER by Judge David R. Herndon adopting report and recommendation recommending that the motion to certify the plaintiff's class be denied, and that the named plaintiffs, Rasho, Fields, Nelson and Boyd, proceed with their joined individual claims [29-1] [64-1], denying motion to certify the plaintiff's class [29-1] (cc: all counsel) (dlr) (Entered: 03/27/2002)

March 27, 2002 PACER
88

RESPONSE by defendants to motion to lift stay on discovery [79-1] and set a status conference [79-2] (dmw) (Entered: 04/03/2002)

March 28, 2002 PACER
89

ORDER by Mag/Judge Clifford J. Proud denying motion to lift stay on discovery [79-1] and set a status conference [79-2] in all respects (cc: all counsel) (dmw) (Entered: 04/03/2002)

April 1, 2002 PACER
90

ORDER by Mag/Judge Clifford J. Proud granting motion to file exhibits to previously filed motion [86-1] (cc: all counsel) (dmw) (Entered: 04/03/2002)

April 1, 2002 PACER
91

MOTION by defendants for enlargement of time to file answer (dmw) (Entered: 04/24/2002)

April 22, 2002 PACER
92

ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to file answer [91-1]; up to and including brief ddl set 4/26/02 (cc: all counsel) (scj) (Entered: 05/01/2002)

April 25, 2002 PACER
93

MOTION by defendants Marvin Powers and Rakesh Chandra for enlargement of time to answer (dmw) (Entered: 05/01/2002)

April 26, 2002 PACER
94

ANSWER and affirmative defenses by defendant to [1-1] (dmw) (Entered: 05/01/2002)

April 29, 2002 PACER
95

MOTION by plaintiffs Ashoor Rasho, Faygie Fields, Brian Nelson, and Robert Boyd for reconsideration of denial of certification of the plaintiff class (scj) (Entered: 05/02/2002)

April 30, 2002 PACER
96

THIRD MOTION by defendants for enlargement of time to address plaintiff's discovery (dmw) (Entered: 05/02/2002)

April 30, 2002 PACER
97

ORDER by Mag/Judge Clifford J. Proud granting motion for enlargement of time to 5/9/02 to address plaintiff's discovery [96-1] (cc: all counsel) (dmw) (Entered: 05/07/2002)

May 3, 2002 PACER
98

MOTION by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, and IL Dept of Corr for protective order (scj) (Entered: 05/08/2002)

May 8, 2002 PACER
99

ORDER by Mag/Judge Clifford J. Proud denying motion for protective order [98-1] (cc: all counsel) (dmw) (Entered: 05/13/2002)

May 9, 2002 PACER
100

RESPONSE by defendants Donald N Snyder Jr, Willard O Elyea, Dennis Hopkins, George E DeTella, George Welborn, Marvin Powers, Kelly Rhodes, Rakesh Chandra, IL Dept of Corr to motion for reconsideration of denial of certification of the plaintiff class [95-1] (scj) (Entered: 05/16/2002)

May 14, 2002 PACER

State / Territory: Illinois

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 7, 1999

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners who are/will be incarcerated at Tamms who have serious mental illnesses

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections, State

Tamms Correctional Center , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Disciplinary segregation

Informed consent/involuntary medication

Restraints : chemical

Restraints : physical

Suicide prevention

Affected Gender:

Female

Male

Medical/Mental Health:

Mental health care, general

Suicide prevention

Type of Facility:

Government-run