Case: Jackson v. Sheriff of Cook County

1:06-cv-00493 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 27, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 27, 2006, on behalf of a male pretrial detainee, Chicago attorneys Kenneth N. Flaxman and Thomas G. Morrissey filed a civil rights class action lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. The complaint, amended within days to add two additional plaintiffs and a third defendant, challenged the Cook County Sheriff's policy of subjecting each male pre-trial detainee to the non-consensual insertion of a swab into his pe…

On January 27, 2006, on behalf of a male pretrial detainee, Chicago attorneys Kenneth N. Flaxman and Thomas G. Morrissey filed a civil rights class action lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. The complaint, amended within days to add two additional plaintiffs and a third defendant, challenged the Cook County Sheriff's policy of subjecting each male pre-trial detainee to the non-consensual insertion of a swab into his penis to test for STDs as part of the jail admission procedure. In addition to being non-consensual, plaintiffs asserted that the insertion of a swab into each plaintiff's penis was conducted in a manner reasonably calculated to spread disease: the person who inserted the swab into each plaintiff's penis wore the same pair of rubber gloves when he inserted a swab into other pre-trial detainees' penises. Plaintiffs alleged that this practice violated the Fourth and Fourteenth Amendments. They sought monetary damages and class certification. Named as defendants were Cook County, the Sheriff of Cook County, along with the Director of Cermak Health Services ("Cermak"), an operating unit of the Cook County Bureau of Health which supplied the medical technicians that performed the STD tests.

Defendants denied the allegations and claimed that as plaintiffs consented to the procedure, the suit was barred. The individually named defendants also pleaded the defense of qualified immunity.

The District Court (District Judge David H. Coar) certified the case as a class action on December 14, 2006. The class was defined as: "all male prisoners at the Cook County Jail who, on and after January 27, 2004, were subjected to the non-consensual insertion of a swab into his penis as part of his admission to the jail." Jackson v. Sheriff of Cook County, 2006 WL 3718041 (N.D. Ill. Dec 14, 2006).

Discovery ensued and the parties filed cross-motions for summary judgment. All motions for summary judgment were denied by order dated March 23, 2007, as the court found that there were material facts still in dispute that prevented entry of judgment on all of the claims. Judge Coar, however, dismissed the claims against the director of Cermak, finding that Cook County was ultimately responsible for the policies of Cermak. Jackson v. Sheriff of Cook County, 2007 WL 917388 (N.D.Ill. Mar 23, 2007).

The case was set for trial on June 18, 2007. The parties filed their joint pretrial order on April 27, 2007. On May 18, 2007, the Court held a pretrial conference and ruled on motions in limine. Following the Court's ruling on the motions in limine, counsel for the parties engaged in settlement negotiations and agreed to a resolution of all claims.

A Settlement Agreement was reached on July 17, 2007, and submitted to the District Court for preliminary approval. Under the Settlement Agreement, defendants agreed to establish a Settlement Fund in the amount of $4.575 million. From that Fund, each named plaintiff was to receive an incentive award of $25,000.00. Attorneys' fees not to exceed $1 million and costs and administration fees not to exceed $300,000 were also to be paid from the Fund. The remaining $3.2 million was to be divided among the number of class members who timely returned claim forms. The parties did not believe that more than 32,000 claims would be made, yielding at least $100 per claimant.

A fairness hearing was set for October 31, 2007. We have no information regarding further activity in the case.

Summary Authors

Dan Dalton (2/25/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4251579/parties/jackson-v-sheriff-of-cook-county/


Judge(s)

Coar, David H. (Illinois)

Cole, Jeffrey N. (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Catania, Francis J. (Illinois)

Gallagher, Daniel Francis (Illinois)

Guolee, Terrence Franklin (Illinois)

Kirk, Daniel A. (Illinois)

Kowalczyk, Lawrence S. (Illinois)

Lanzito, Dominick L. (Illinois)

Judge(s)

Coar, David H. (Illinois)

Cole, Jeffrey N. (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Catania, Francis J. (Illinois)

Gallagher, Daniel Francis (Illinois)

Guolee, Terrence Franklin (Illinois)

Kirk, Daniel A. (Illinois)

Kowalczyk, Lawrence S. (Illinois)

Lanzito, Dominick L. (Illinois)

McFadden, William Joseph (Illinois)

Satter, Steven L. (Illinois)

Documents in the Clearinghouse

Document

1:06-cv-00493

Docket [PACER]

Aug. 20, 2009

Aug. 20, 2009

Docket
1

1:06-cv-00493

Complaint

Jan. 27, 2006

Jan. 27, 2006

Complaint
7

1:06-cv-00493

Amended Complaint [Corrected]

Feb. 1, 2006

Feb. 1, 2006

Complaint
50

1:06-cv-00493

Plaintiff's Motion to Certify Case as a Class Action

Sept. 8, 2006

Sept. 8, 2006

Pleading / Motion / Brief
101

1:06-cv-00493

Memorandum Opinion and Order

2006 WL 3718041

Dec. 14, 2006

Dec. 14, 2006

Order/Opinion
186

1:06-cv-00493

Memorandum Opinion and Order

2007 WL 917388

March 23, 2007

March 23, 2007

Order/Opinion

1:06-cv-00493

Memorandum Opinion and Order

April 27, 2007

April 27, 2007

Order/Opinion
226

1:06-cv-00493

Agreed Order

June 15, 2007

June 15, 2007

Order/Opinion
228

1:06-cv-00493

Class Settlement Agreement

July 16, 2007

July 16, 2007

Settlement Agreement
228

1:06-cv-00493

Class Settlement Agreement

July 17, 2007

July 17, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251579/jackson-v-sheriff-of-cook-county/

Last updated Aug. 11, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Robert Jackson; Jury Demand.(mb, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
2

CIVIL Cover Sheet (mb, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
3

ATTORNEY Appearance for Plaintiff Robert Jackson by Kenneth N Flaxman (mb, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
5

SUMMONS Issued as to Defendant Sheriff of Cook County (mb, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
6

AMENDED complaint by Joseph McGrath, Derrell Smith, Robert Jackson against all defendants (Flaxman, Kenneth) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
7

Corrected AMENDED complaint by Joseph McGrath, Derrell Smith, Robert Jackson against all defendants (Flaxman, Kenneth) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

RECAP
8

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for leave to appear as Additional Appearance for Plaintiffs (Morrissey, Thomas) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
11

SUMMONS Issued as to defendants Director, Cermak Health Services, Cook County, Illinois (cdy, ) (Entered: 02/08/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
9

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for leave to appear 8 before Honorable David H. Coar on 2/8/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
10

MINUTE entry before Judge David H. Coar : Plaintiff's motion for leave to appear as additional counsel 8 is granted. Leave is granted Thomas G. Morrissey to file additional appearance on behalf of the plaintiffs. The parties need not appear on the noticed motion date of 02/08/06. Attorney Thomas G. Morrissey for Joseph McGrath and Derrell Smith added. Mailed notice (cdy, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
12

MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for 4/25/2006 at 09:00 a.m. Report of parties planning conference pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed and submitted to chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers). Mailed notice (cdy, ) (Entered: 03/16/2006)

March 8, 2006

March 8, 2006

PACER
13

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
14

NOTICE by Sheriff of Cook County re attorney appearance 13 (Gallagher, Daniel) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
15

MOTION by Defendant Sheriff of Cook County for extension of time (Attachments: # 1 Exhibit 1)(Gallagher, Daniel) (Entered: 04/11/2006)

2 Exhibit 1

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April 11, 2006

April 11, 2006

PACER
16

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for extension of time 15 before Honorable David H. Coar on 4/25/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

PACER
17

ATTORNEY Appearance for Defendant Cook County, Illinois by Francis J. Catania (Catania, Francis) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
18

NOTICE by Cook County, Illinois of Filing Attorney Appearance for County of Cook (Catania, Francis) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
19

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel A. Kirk (Kirk, Daniel) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
20

NOTICE by Sheriff of Cook County re attorney appearance 19 (Kirk, Daniel) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
21

ATTORNEY Appearance for Defendant Sheriff of Cook County by Terrence Franklin Guolee (Guolee, Terrence) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
22

NOTICE by Sheriff of Cook County re attorney appearance 21 (Guolee, Terrence) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
23

ATTORNEY Appearance for Defendant Sheriff of Cook County by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
24

NOTICE by Sheriff of Cook County re attorney appearance 23 (Kowalczyk, Lawrence) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
25

Proposed Scheduling Order by all parties by Sheriff of Cook County (Kowalczyk, Lawrence) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
26

NOTICE by Sheriff of Cook County re other 25 Proposed Scheduling Order by all parties (Kowalczyk, Lawrence) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
27

ATTORNEY Appearance for Defendant Cook County, Illinois by William Joseph McFadden (McFadden, William) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
28

MINUTE entry before Judge David H. Coar :Rule 16(b) Scheduling Conference held on 4/25/2006. Motion hearing held on 4/25/2006 regarding motion for extension of time 15 . Motion for extension of time 15 is granted, all defendants to answer or plead on or before May 24, 2006. All disclosures required by Rule 26(a)(1) shall be made on or before 5/15/2006. Any amendments to pleadings or actions to join other parties shall be filed on or before 7/1/2006. Discovery is ordered closed on 11/1/2006. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 11/15/2006 by the plaintiffs and 1/5/2007 by defendants. The parties may depose the other side' s expert at any time prior to 1/23/2007. The parties shall disclose any rebuttal expert pursuant to Rule 26(a)(2)(c) at any time prior to 2/12/2007. The parties may depose the opposing party's rebuttal expert by 3/1/2007. Dispositive motions with supporting memoranda due by 12/1/2006 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 3/16/2007. Final Pretrial Conference set for 3/23/2007 at 11:00 AM. Jury Trial set for 4/2/2007 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page. (pm, ) Modified on 4/25/2006 (pm, ). (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
29

ATTORNEY Appearance for Defendant Director, Cermak Health Services by Francis J. Catania (Catania, Francis) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
30

MOTION by Defendant Sheriff of Cook County to dismiss (Gallagher, Daniel) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
31

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to dismiss 30 before Honorable David H. Coar on 5/31/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
32

MEMORANDUM by Sheriff of Cook County in Support of motion to dismiss 30 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gallagher, Daniel) (Entered: 05/24/2006)

2 Exhibit A

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3 Exhibit B

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May 24, 2006

May 24, 2006

PACER
33

NOTICE by Sheriff of Cook County re memorandum in support of motion 32 (Gallagher, Daniel) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
34

NOTICE of Motion by Francis J. Catania for presentment of before Honorable David H. Coar on 5/31/2006 at 09:00 AM. (Catania, Francis) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
35

MOTION by Defendants Director, Cermak Health Services, Cook County, Illinois to dismiss the Corrected Amended Complaint (Catania, Francis) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
36

MEMORANDUM by Director, Cermak Health Services, Cook County, Illinois in Support of motion to dismiss 35 the Corrected Amended Complaint (Catania, Francis) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
37

MINUTE entry before Judge David H. Coar : Motion hearing held on 5/31/2006 regarding 30 and 35 . Enter briefing schedule on Defendant Director Cermak Healthcare and Cook County Illinois' motion to dismiss [35 and The Defendant Sheriff's motion to dismiss 30 . Responses due by 06/21/06. Replies due 07/07/06. Motions taken under advisement. Ruling to issue by mail. Enter Agreed Protective Order settling a dispute regarding discovery - privileged documents. (ar, ) (Entered: 06/12/2006)

May 31, 2006

May 31, 2006

PACER
38

AGREED Protective Order, signed by Judge David H. Coar on 5/31/2006 37 .(ar, ) (Entered: 06/12/2006)

May 31, 2006

May 31, 2006

RECAP
39

MEMORANDUM by Joseph McGrath, Derrell Smith, Robert Jackson in Opposition to motion to dismiss 30, motion to dismiss 35 (Flaxman, Kenneth) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
40

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel discovery (Attachments: # 1 Exhibit # 2 Exhibit B# 3 Exhibit C)(Morrissey, Thomas) (Entered: 06/23/2006)

2 Exhibit

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3 Exhibit B

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4 Exhibit C

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June 23, 2006

June 23, 2006

PACER
41

Plaintiffs' Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 40 before Honorable David H. Coar on 6/28/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
47

MINUTE entry before Judge David H. Coar :Motion hearing held on 6/28/2006 regarding motion to compel 40 . P Plaintiffs' Motion to compel 40 is granted as resolved by the parties, a signature order to be submitted. Documents to be produced twenty-one days. (pm, ) (Entered: 07/12/2006)

June 28, 2006

June 28, 2006

PACER
48

MINUTE entry before Judge David H. Coar : Enter signature order. Mailed notice (mjc, ) (Entered: 07/17/2006)

June 28, 2006

June 28, 2006

PACER
49

ORDER Signed by Judge David H. Coar on 6/28/2006.(mjc, ) (Entered: 07/17/2006)

June 28, 2006

June 28, 2006

PACER
42

REPLY by Sheriff of Cook Countyin Support of MOTION by Defendant Sheriff of Cook County to dismiss 30 Plaintiffs' Corrected Amended Complaint (Gallagher, Daniel) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
43

NOTICE by Sheriff of Cook County re reply to response to motion 42 to dismiss Plaintiffs' Corrected Amended Complaint (Gallagher, Daniel) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
44

REPLY IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE CORRECTED AMENDED COMPLAINT (Catania, Francis) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
45

NOTICE by Director, Cermak Health Services, Cook County, Illinois OF FILING THEIR REPLY IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE CORRECTED AMENDED COMPLAINT (Catania, Francis) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
46

CERTIFICATE by Director, Cermak Health Services, Cook County, Illinois Certificate of Service (Catania, Francis) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
50

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class (Flaxman, Kenneth) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
51

INCORRECT document linked(Flaxman, Kenneth) Modified on 9/11/2006 (emd, ). (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
52

NOTICE of Correction regarding notice of motion 51 (emd, ) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
53

CORRECTED NOTICE of Motion by Kenneth N Flaxman for presentment of motion to certify class 50 before Honorable David H. Coar on 9/13/2006 at 09:00 AM. (Flaxman, Kenneth) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
54

MINUTE entry before Judge David H. Coar : Motion hearing held on 9/13/2006 regarding motion to certify class 50 . Set deadlines as to motion to certify class 50 : Responses due by 11/3/2006; Replies due by 11/17/2006. Motion to certify class 50 is taken under advisement, ruling to issue by mail mailed notice (pm, ) (Entered: 09/15/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
55

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Deposition of Charles Luna (Morrissey, Thomas) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER
56

deposition of Charles Luna NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 55 before Honorable David H. Coar on 10/16/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER
57

ATTORNEY Appearance for Defendant Sheriff of Cook County by Dominick L Lanzito (Lanzito, Dominick) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
58

NOTICE by Sheriff of Cook County re attorney appearance 57 (Lanzito, Dominick) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
59

MOTION by Defendant Sheriff of Cook County for protective order (Gallagher, Daniel) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
60

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for protective order 59 before Honorable David H. Coar on 10/16/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
61

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson, Defendants Sheriff of Cook County, Cook County, Illinois for extension of time for discovery (Morrissey, Thomas) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
62

To Extend Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 61 before Honorable David H. Coar on 10/18/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
63

MINUTE entry before Judge David H. Coar :Motion hearing held on 10/16/2006 regarding motion to compel 55, motion for protective order 59 Plaintiff's Motion to compel the deposiston of Charles Luna 55 is granted. Motion for protective order 59 is denied. mailed notice (pm, ) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
64

MINUTE entry before Judge David H. Coar : Motion for extension of time 61 is stricken, no one appeared to present the motion. Motion hearing held on 10/18/2006 regarding motion for extension of time 61 mailed notice (pm, ) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
65

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel discovery (Attachments: # 1 Exhibit A)(Morrissey, Thomas) (Entered: 10/27/2006)

2 Exhibit A

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Oct. 27, 2006

Oct. 27, 2006

PACER
66

Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 65 before Honorable David H. Coar on 11/1/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
67

MINUTE entry before Judge David H. Coar : Motion to compel 65 is granted as agreed by the parties and as stated on the record. Motion hearing held on 11/1/2006 regarding motion to compel 65 . mailed notice (pm, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
68

MOTION by Defendants Director, Cermak Health Services, Cook County, Illinois for extension of time to file response/reply to Plaintiffs' Motion for Class Certification (Catania, Francis) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
69

Agreed NOTICE of Motion by Francis J. Catania for presentment of motion for extension of time to file response/reply 68 before Honorable David H. Coar on 11/6/2006 at 09:00 AM. (Catania, Francis) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
70

RESPONSE by Sheriff of Cook County in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class 50 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Gallagher, Daniel) (Entered: 11/03/2006)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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Nov. 3, 2006

Nov. 3, 2006

PACER
71

NOTICE by Sheriff of Cook County re response in opposition to motion, 70 for class certification (Gallagher, Daniel) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
72

MOTION by Defendant Sheriff of Cook County to have Defendant Sheriff Sheahan's Request to Admit Deemed Admitted (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Gallagher, Daniel) (Entered: 11/03/2006)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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Nov. 3, 2006

Nov. 3, 2006

PACER
73

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion for miscellaneous relief 72 before Honorable David H. Coar on 11/6/2006 at 09:00 AM. (Gallagher, Daniel) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
74

MINUTE entry before Judge David H. Coar : Motion for extension of time to file response/reply regarding MOTION to certify class 50 68 is granted. Defendants' Responses due and shall be filed by 11/6/2006 as to motion to certify class 50 . MOTION by Defendant Sheriff of Cook County to have Defendant Sheriff Sheahan's Request to Admit Deemed Admitted 72 is continued to 11/13/2006 at 9:00 a.m. mailed notice (pm, ) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
75

RESPONSE by Director, Cermak Health Services, Cook County, Illinois in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to certify class 50 (Attachments: # 1 Exhibit A Jackson# 2 Exhibit B McGrath# 3 Exhibit C Smith# 4 Exhibit D Hradek# 5 Exhibit E Judkins# 6 Exhibit F Hill# 7 Exhibit G Spivey)(Catania, Francis) (Entered: 11/06/2006)

2 Exhibit A Jackson

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3 Exhibit B McGrath

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4 Exhibit C Smith

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5 Exhibit D Hradek

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6 Exhibit E Judkins

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7 Exhibit F Hill

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8 Exhibit G Spivey

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Nov. 6, 2006

Nov. 6, 2006

PACER
76

NOTICE by Director, Cermak Health Services, Cook County, Illinois re response in opposition to motion, 75 of Plaintiffs to Certify Class (Catania, Francis) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
77

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time to serve expert's report (Morrissey, Thomas) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

PACER
78

Duplicate filing of document number 79. (Morrissey, Thomas) Modified on 11/13/2006 (emd, ). (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

PACER
79

to serve expert's report NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 77 before Honorable David H. Coar on 11/16/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

PACER
91

MINUTE entry before Judge David H. Coar : Motion hearing held on 11/13/2006 regarding motion for miscellaneous relief 72 . For the reasons stated on the record, The Motion to have request to admitt deemed admitted 72 is resolved as stated on the record. Motion #72 is terminated. mailed notice (pm, ) (Entered: 11/27/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
80

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B)(Morrissey, Thomas) (Entered: 11/15/2006)

2 Exhibit A

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3 Exhibit B

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Nov. 15, 2006

Nov. 15, 2006

PACER
81

Compel Discovery NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 80 before Honorable David H. Coar on 11/21/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
82

Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 80 before Honorable David H. Coar on 11/20/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
94

MINUTE entry before Judge David H. Coar :Motion hearing held on 11/16/2006 regarding motion for extension of time 77 . MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time to serve expert's report 77 is granted. The expert discovery schedule is stricken, parties to follow the Federal Rules in reference to the expert discovery. mailed notice (pm, ) (Entered: 11/30/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
83

RESPONSE by Sheriff of Cook County in Opposition to MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery 80 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gallagher, Daniel) (Entered: 11/17/2006)

2 Exhibit A

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3 Exhibit B

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Nov. 17, 2006

Nov. 17, 2006

PACER
84

NOTICE by Sheriff of Cook County re response in opposition to motion 83 to compel the Designation of Witnesses Pursuant to a Rule 30(b)6 Notice (Gallagher, Daniel) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
85

REPLY by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to motion to certify class 50 (Flaxman, Kenneth) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
86

MINUTE entry before Judge David H. Coar : Motion to compel 80 is granted, as stated on the record. Motion hearing held on 11/20/2006 regarding motion to compel 80 mailed notice (pm, ) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
87

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time file motions for summary judgment (Morrissey, Thomas) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
88

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jacksonexceed limitation of ten depositions (Morrissey, Thomas) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
89

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Morrissey, Thomas) (Entered: 11/21/2006)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Nov. 21, 2006

Nov. 21, 2006

PACER
90

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 87, motion to compel 89, motion for miscellaneous relief 88 before Honorable David H. Coar on 11/28/2006 at 09:00 AM. (Morrissey, Thomas) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
92

MINUTE entry before Judge David H. Coar : Motion hearing held on 11/28/2006 regarding motion for extension of time 87, motion to compel 89, motion for miscellaneous relief 88 . MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for extension of time 87 to file motion for summary judgment is granted, motion to be filed by 12/15/2006. MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson exceed limitation of ten depositions 88 and MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel Discovery 89 are referred to the Magistrate Judge. All future discovery disputes and discovery motions are referred to the Magistrate Judge. mailed notice (pm, ) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
93

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Jeffrey Cole for discovery motion(s)specified. Plaintiffs' motion to exceed limitation of ten depositions 88 and Plaintiffs' motion to compel discovery 89 . All future discovery disputes and discovery motions. Signed by Executive Committee on 11/28/2006. (td, ) (Entered: 11/30/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
95

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to compel (Exhibits). (td, ) (Entered: 12/01/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
96

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson to exceed limitation of ten depositions (Exhibits). (td, ) (Entered: 12/01/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
97

NOTICE of Emergency Motion by Thomas Gerard Morrissey for presentment of motion to compel 95 and motion to exceed the deposition limitation 96 before Honorable Jeffrey Cole on 11/30/2006 at 08:30 AM. (td, ) (Entered: 12/01/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
118

MINUTE entry before Judge Jeffrey Cole: Motion hearing held on 11/30/2006. Plaintiffs' Emergency Motion to compel 95 is granted as stated in open court. Plaintiffs' Motion to exceed limitation of ten depositions 96 is granted in part and denied in part as stated in open court. Mailed notice by judge's staff. (srb,) (Entered: 01/04/2007)

Nov. 30, 2006

Nov. 30, 2006

PACER
98

MOTION by Plaintiffs Joseph McGrath, Derrell Smith, Robert Jackson for partial summary judgment on liability (Flaxman, Kenneth) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
100

MINUTE entry before Judge David H. Coar : For the reasons stated in the attached Memorandum Opinion and Order, Plaintiffs' motion to certify class 50 is granted. Mailed notice (td, ) (Entered: 12/15/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
101

MEMORANDUM Opinion and Order Signed by Judge David H. Coar on 12/14/2006.(td, ) (Entered: 12/15/2006)

Dec. 14, 2006

Dec. 14, 2006

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 27, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All male prisoners at the Cook County Jail who, on and after January 27, 2004, were subjected to the non-consensual insertion of a swab into his penis as part of his admission to the jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Cook County (Cook), 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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 0

Issues

General:

Search policies

Affected Gender:

Male

Type of Facility:

Government-run