COVID-19 Summary: This is a class action brought on behalf of prisoners in the Illinois Department of Corrections seeking various types of relief in light of COVID-19. The plaintiffs alleged that as people in groups who are particularly vulnerable to the virus, they were exposed to a heightened risk of COVID-19. On April 10, the judge denied the plaintiffs' request for a temporary restraining order and a preliminary injunction. The plaintiffs filed an amended complaint on May 20. No outcome yet.
On April 2, 2020, a group of prisoners filed this class action lawsuit against the Governor of Illinois and the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. Represented by the Uptown People's Law Center, Equip for Equality, the MacArthur Justice Center at Northwestern University, the Illinois Prison Project, and Loevy & Loevy, the plaintiffs sued under 42 U.S.C. § 1983 for violations of their Eighth Amendment and Fourteenth Amendment rights, and for violations of the the Americans with Disabilities Act ("ADA") (42 U.S.C. §§ 12111
et seq.). The plaintiffs requested that a special master be appointed to assess eligibility for release for six different subclasses of prisoners, including groups individuals who were medically vulnerable due to age or underlying conditions or soon to be eligible for release.
The same plaintiffs filed a similar case for habeas relief. For more details, see
here in the Clearinghouse.
The case was assigned to Judge Steven Seeger, but Judge Robert M. Dow, Jr. was assigned as an emergency judge.
Immediately, the plaintiffs filed a motion to certify the class and an emergency motion for a temporary restraining order or a preliminary injunction which asked the court to preliminarily certify the putative subclasses concerning the medically vulnerable prisoners and to order the defendants to transfer members of both those subclasses to their homes to self isolate.
The parties submitted briefing on April 6 specifically addressing how the Prison Litigation Reform Act ("PLRA") applied to the relief sought for the medically vulnerable subclasses. The plaintiffs argued that the relief sought met the PLRA requirements of being narrowly drawn, extending no further than necessary to correct the violation of their rights, and was the least intrusive means. Conversely, the defendants argued that the court should not provisionally certify the medically vulnerable subclasses because the plaintiffs had not exhausted their administrative remedies as required by the PLRA, they were unlikely to succeed on the merits of their Eighth Amendment and ADA claims, and they had not demonstrated more than a possibility of harm.
On April 10, Judge Dow released an order denying the plaintiffs' motion for a temporary restraining order or preliminary injunction. He concluded that the PLRA barred the court from granting the temporary restraining order, finding that the plaintiff's request amounted to a prisoner release order under the terms of the PLRA. The PLRA required a previous court order that the defendants' failed to comply with, the release order must be issued by a three-judge court, and the preliminary injunctive relief must be narrowly drawn. The court held that the plaintiff's request for a temporary restraining order or preliminary injunction did not meet these requirements. The court also denied the preliminary class certification for the medically vulnerable subclasses because the commonality requirement for class certification could not be met.
On April 29, the defendants filed a motion to dismiss which argued that the plaintiffs had failed to plead a plausible claim on the merits. The plaintiffs filed an amended complaint on May 20 and as a result, the court denied the defendants' motion to dismiss as moot. The amended complaint demanded that prisoners most vulnerable to COVID-19 be provided access to lifesaving protective measures, and in some instances, transfer to home detention. Parties submitted a joint status report on February 19, 2021.
Parties anticipate finalizing a settlement agreement by March 5, 2021.
The case remains ongoing.
Caitlin Kierum - 05/09/2020
Chandler Hart-McGonigle - 11/21/2020
Tessa McEvoy - 03/05/2021
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