Case: Donnell C. v. Illinois State Board of Education

1:92-cv-08230 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 17, 1992

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On December 17, 1992, twenty-three school-aged pretrial detainees in the Cook County Jail in Illinois filed this class action lawsuit under the Fourteenth Amendment, Due Process Clause, Equal Protection Clause, the Individuals with Disabilities Education Act, and the Rehabilitation Act of 1973. The plaintiffs filed in the United States District Court for the Northern District of Illinois, Eastern Division, on behalf of all current and future pretrial detainees confined in the divisions of the C…

On December 17, 1992, twenty-three school-aged pretrial detainees in the Cook County Jail in Illinois filed this class action lawsuit under the Fourteenth Amendment, Due Process Clause, Equal Protection Clause, the Individuals with Disabilities Education Act, and the Rehabilitation Act of 1973. The plaintiffs filed in the United States District Court for the Northern District of Illinois, Eastern Division, on behalf of all current and future pretrial detainees confined in the divisions of the Cook County Jail who were or would be entitled under state or federal law to free regular or special education services (approximately 2274 students). The lawsuit was brought against the city of Chicago, Cook County, and the state of Illinois. Named defendants included the Illinois State Board of Education of the City of Chicago and the Superintendent of the Chicago Public Schools.

The plaintiffs, represented by counsel from the Northwestern University School of Law Legal Clinic and the Legal Assistance Foundation of Chicago, sought injunctive and declaratory relief and attorney's fees. They alleged that the defendants had denied the plaintiffs' rights to educational services by (1) completely denying special education to those educationally disabled plaintiffs whose needs for such services the defendants failed to identify; (2) denying special education needed by plaintiffs who had been identified as needing such services because of failure to provide sufficient teachers, programs and related services among the population; (3) denying appropriate, individualized special education services to disabled students; (4) denying regular education services to the majority of eligible plaintiffs; and (5) denying to those plaintiffs who were eligible and received regular education services, such services as were equal to eligible children who were not pretrial detainees.

On August 20, 1993, the District Court (Judge John A. Nordberg) denied the state defendants' motion to dismiss, ruling that the plaintiffs had stated valid claims under both the Equal Protection clause and the substantive component of the Due Process clause. Donnell v. Illinois State Bd. of Educ., 829 F.Supp. 1016 (N.D.Ill. 1993).

In May 1994, the United States filed a Complaint in Intervention seeking to enforce a settlement agreement which had been entered into by the City Defendants and the U.S. Department of Education in August 1992. The City Defendants had failed to (1) make available free education to all detainees under 21 who did not have a high school diploma, were in need of special education services, and had been given permission to participate by prison officials; and (2) implement procedures for screening and evaluation. The United States and the plaintiffs apparently reached a tentative settlement agreement with the defendants regarding liability and attorney's fees and court costs. The State and Chicago defendants acknowledged liability for fees and costs, but the County Defendants asserted that they were not liable for fees and costs. The County defendants moved for partial summary judgement on the issue of monetary liability.

On April 25, 1995, the District Court (Judge Nordberg) granted the County defendants' motion for partial summary judgment, holding that the County defendants were not liable for the plaintiffs' attorney's fees and costs or for the cost of the court expert appointed to monitor the settlement. Donnell v. Illinois State Bd. of Educ., No. 92 C. 8230, 1995 WL 248111 (N.D. Ill. April 25, 1995).

On August 10, 1995, the parties entered into a settlement agreement. The agreement included a monitor who reported on the defendants' compliance with the settlement agreement.

On November 8, 2000, Judge John A. Nordberg dismissed the case with leave to reinstate within thirteen months. In 2002, the plaintiffs and the US moved to reinstate the case. In 2003, the plaintiffs agreed to withdraw their motion for reinstatement and the parties reached a private settlement agreement. According to the terms of the agreement, the court retained jurisdiction for 14 months in case one of the plaintiffs moved to reinstate the case. None of the plaintiffs did, and on October 21, 2004, the court finally dismissed the case.

Summary Authors

Kristen Sagar (11/3/2007)

Jessica Kincaid (2/13/2016)

People


Judge(s)
Attorney for Plaintiff

DeWolfe, Ruthanne (Illinois)

Elson, John S. (Illinois)

Attorney for Defendant

Blanchard, Patrick Malone (Illinois)

Cash, Pamela Elana (Illinois)

Expert/Monitor/Master/Other

Fox, Michele Marion (Illinois)

show all people

Documents in the Clearinghouse

Document

1:92-cv-08230

Docket [PACER]

C. v. State Board of Education

Oct. 21, 2004

Oct. 21, 2004

Docket
1

1:92-cv-08230

Complaint

Dec. 17, 1992

Dec. 17, 1992

Complaint
77

1:92-cv-08230

Memorandum and Opinion

Aug. 18, 1993

Aug. 18, 1993

Order/Opinion
78

1:92-cv-08230

Memorandum Opinion and Order

Aug. 20, 1993

Aug. 20, 1993

Order/Opinion

829 F.Supp. 829

104

1:92-cv-08230

Memorandum Opinion and Order

April 25, 1995

April 25, 1995

Order/Opinion

1995 WL 1995

Docket

Last updated March 27, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

RECEIVED COMPLAINT with 18 copies. (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

2

CIVIL cover sheet. (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

3

APPLICATION by plaintiff Donnell C to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

4

APPLICATION by plaintiff Edward C to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

5

APPLICATION by plaintiff Robert Ma to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

6

APPLICATION by plaintiff Marvin S to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

7

APPLICATION by plaintiff Talmas E to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

8

APPLICATION by plaintiff Robert Mu to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

9

APPLICATION by plaintiff William D to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

10

APPLICATION by plaintiff Clifford C to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

11

APPLICATION by plaintiff Eric B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

12

APPLICATION by plaintiff Christopher P to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

13

APPLICATION by plaintiff Tommy H to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

14

APPLICATION by plaintiff Saleem L to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

15

APPLICATION by plaintiff Andre B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

16

APPLICATION by plaintiff Shaun M to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

17

APPLICATION by plaintiff Rachel T to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

18

APPLICATION by plaintiff Katrina B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

19

APPLICATION by plaintiff Maryann M to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

20

APPLICATION by plaintiff Franklin J to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

21

APPLICATION by plaintiff Michael B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

23

APPLICATION by plaintiff Eugene B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

24

APPLICATION by plaintiff LaShawn H to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

25

APPLICATION by plaintiff Ricky B to proceed in forma pauperis (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

26

ATTORNEY APPEARANCE for plaintiffs by John S. Elson and Ruthanne DeWolfe. (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

27

RULE 39 Affidavit of John S. Elson (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

28

RULE 39 Affidavit of Ruthanne DeWolfe (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

29

MOTION by plaintiffs for class certification . (fce) (Entered: 12/18/1992)

Dec. 17, 1992

Dec. 17, 1992

FORWARDED entire case file to Judge Nordberg. (fce) (Entered: 12/18/1992)

Dec. 18, 1992

Dec. 18, 1992

30

MINUTE ORDER of 12/18/92 by Hon. John A. Nordberg : Status hearing set for 01/13/93 at 9:30 a.m. Mailed notice (rmm) (Entered: 12/22/1992)

Dec. 18, 1992

Dec. 18, 1992

31

MINUTE ORDER of 1/4/93 by Hon. John A. Nordberg : Petitioners' application to proceed in forma pauperis is granted [25-1], [24-1], [23-1], [22-1], [21-1], [20-1], [19-1], [18-1], [17-1], [16-1], [15-1], [14-1], [13- 1], [12-1], [11-1], [10-1], [9-1], [8-1], [7-1], [6-1], [5-1], [4-1], [3-1]. (See reverse of minute order). Mailed notice (rmm) (Entered: 01/05/1993)

Jan. 4, 1993

Jan. 4, 1993

COMPLAINT. (rmm) (Entered: 01/05/1993)

Jan. 4, 1993

Jan. 4, 1993

SUMMONS (Original and 18 copies) issued with 18 copies of the complaint and a certified copy of the minute order dated 01/04/93 to the U.S. Marshal to be served as to defendants. (rmm) (Entered: 01/05/1993)

Jan. 5, 1993

Jan. 5, 1993

32

MINUTE ORDER of 1/13/93 by Hon. John A. Nordberg : Status hearing held; continued to 2/24/93 at 9:30 a.m. Mailed notice (rmm) (Entered: 01/14/1993)

Jan. 13, 1993

Jan. 13, 1993

33

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant IL St Bd of Ed on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

34

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Robert Leininger on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

35

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Michael W Skarr on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

36

RETURN OF SERVICE of summons and complaint by U. S. Marshal executed upon defendant Herb R Roach on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

37

RETURN OF SERVICE of summons and complaint by U. S. Marshal executed upon defendant Jesse M Rios on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

38

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Dorothy O'Neill on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

39

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Lyle Neumann on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

40

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant G Howard Thompson on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

41

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Deborah Miller on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

42

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Mary Ann S Maclean on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

43

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Doreen Crewe on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

44

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Rick L Catt on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

45

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Hugh R Brown on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

46

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Marcene M Broadwater on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

47

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Jackie B Breckenridge on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

48

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Coni Batlle on 1/12/93. (rmm) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

49

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant IL St Bd of Ed on 1/15/93. (rmm) (Entered: 01/22/1993)

Jan. 21, 1993

Jan. 21, 1993

50

RETURN OF SERVICE of summons and complaint by U.S. Marshal executed upon defendant Ted D Kimbrough on 1/15/93. (rmm) (Entered: 01/22/1993)

Jan. 21, 1993

Jan. 21, 1993

51

ATTORNEY APPEARANCE for defendant Bd of Ed Cty of Chgo, defendant Ted D Kimbrough by Iris Ellen Sholder, Miguel Angel Rodriguez, Michael Joseph Hernandez, Pamela Elana Cash; notice of filing. (rmm) (Entered: 01/29/1993)

Jan. 28, 1993

Jan. 28, 1993

52

ATTORNEY APPEARANCE for defendant IL St Bd of Ed, defendant Robert Leininger by Thomas A. Ioppolo (fce) (Entered: 02/03/1993)

Feb. 3, 1993

Feb. 3, 1993

53

MOTION by defendant IL St Bd of Ed, defendant Robert Leininger to extend time to answer or otherwise plead to the complaint ; Notice of motion. (fce) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

54

MINUTE ORDER of 2/9/93 by Hon. John A. Nordberg : Granting motion to extend time to answer or otherwise plead to the complaint [53- 1] to 03/19/93. No notice (fce) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

55

MOTION by defendant Bd of Ed Cty of Chgo, defendant Ted D Kimbrough for enlarge of time to answer or otherwise plead ; notice of motion. (rmm) (Entered: 02/26/1993)

Feb. 24, 1993

Feb. 24, 1993

56

MINUTE ORDER of 2/24/93 by Hon. John A. Nordberg : Status hearing held; continued to 4/21/93 at 9:30 a.m. Defendants, Board of Education of the Cityof Chicago and Ted D. Kimbrough, motion for enlargement of time to answer or otherwise plead is granted to 3/19/93 [55-1]. Mailed notice (rmm) (Entered: 02/26/1993)

Feb. 24, 1993

Feb. 24, 1993

57

MOTION by plaintiffs to join Cook County, Illinois, Michael F. Sheahan, Sheriff of Cook County, J.W. Fairman, Director, Cook County Department of Corrections, Richard J. Phelan, President, Cook County Board of Commissioners, and the Cook County Board of Commissioners as defendants (Attachments); Notice of motion. (rmm) (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

58

MINUTE ORDER of 3/18/93 by Hon. John A. Nordberg : Plaintiffs' motion to join by 4/8/93 Cook County, Illinois, Michael F. Sheahan, Sheriff of Cook County, J.W. Fairman, Director, Cook County Department of Corrections, Richard J. Phelan, President, Cook County Board of Commissioners, and the Cook County Board of Commissioners as defendants [57-1] is granted. Illinois State Board of Education to file motion to dismiss and brief in excess of 15 pages by 3/22/93 ; plaintiff to respond 4/12/93; defendant to reply by 4/26/93. Chicago Board of Education granted extension to answer by 3/26/93. Mailed notice (rmm) (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

59

MOTION by defendant IL St Bd, defendant Robert Leininger to dismiss the complaint ; notice of filing. (rmm) (Entered: 03/22/1993)

March 19, 1993

March 19, 1993

61

ANSWER TO COMPLAINT by defendant Bd of Ed Cty of Chgo, defendant Ted D Kimbrough; notice of filing. (rmm) (Entered: 03/30/1993)

March 29, 1993

March 29, 1993

62

MINUTE ORDER of 4/8/93 by Hon. John A. Nordberg : The minute order of 3/18/93 is amended to reflect: Plaintiff is granted leave to file amended complaint. No notice (rmm) (Entered: 04/09/1993)

April 8, 1993

April 8, 1993

63

AMENDED COMPLAINT [0-1] by plaintiff; adding Cook Co IL, Cook Co Bd of Comm, Richard J Phelan, Michael F Sheahan, J Fairman. (rmm) (Entered: 04/09/1993)

April 8, 1993

April 8, 1993

64

MEMORANDUM by plaintiffs in response to state defendants' motion to dismiss the complaint [59-1] (Exhibits). (rmm) (Entered: 04/13/1993)

April 12, 1993

April 12, 1993

65

MINUTE ORDER of 4/13/93 by Hon. John A. Nordberg : Time for status on 04/21/93 is changed from 9:30 to 9:00 a.m. Mailed notice (tlm) (Entered: 04/14/1993)

April 13, 1993

April 13, 1993

66

MINUTE ORDER of 4/21/93 by Hon. John A. Nordberg : Status hearing held; continued to 6/23/93 at 9:00 a.m. Leave granted to file briefs in excess of fifteen. No notice (rmm) (Entered: 04/22/1993)

April 21, 1993

April 21, 1993

67

RETURN OF SERVICE of summons by U.S. Marshal executed upon defendant Richard J Phelan on 4/16/93 (rmm) (Entered: 04/23/1993)

April 21, 1993

April 21, 1993

68

RETURN OF SERVICE of summons by U.S. Marshal executed upon defendant Cook Co Bd of Comm on 4/16/93 (rmm) (Entered: 04/23/1993)

April 21, 1993

April 21, 1993

69

RETURN OF SERVICE of summons by U.S. Marshal executed upon defendant Cook Co IL on 4/16/93 (rmm) (Entered: 04/23/1993)

April 21, 1993

April 21, 1993

70

RETURN OF SERVICE of summons by U.S. Marshal executed upon defendant Michael F Sheahan on 4/16/93 (rmm) (Entered: 04/23/1993)

April 21, 1993

April 21, 1993

71

REPLY memorandum by defendant IL St Bd of Ed in support of motion to dismiss the complaint [59-1]; notice of filing. (rmm) (Entered: 04/27/1993)

April 23, 1993

April 23, 1993

72

RETURN OF SERVICE of summons by U.S. Marshal executed upon defendant J W Fairman on 5/21/93 (rmm) (Entered: 05/27/1993)

May 27, 1993

May 27, 1993

73

ATTORNEY APPEARANCE for defendants Cook Co IL, Cook Co Bd of Comm, Richard J Phelan, Michael F Sheahan, J W Fairman by Connie R. Barba, William P. Pistorius, Terry L. McDonald (rmm) (Entered: 06/04/1993)

June 3, 1993

June 3, 1993

74

MOTION by defendants Cook Co IL, Cook Co Bd of Comm, Richard J Phelan, Michael F Sheahan, J W Fairman to extend time to answer or otherwise plead to plaintiffs' complaint ; Notice of motion (rmm) (Entered: 06/24/1993)

June 23, 1993

June 23, 1993

75

MINUTE ORDER of 6/23/93 by Hon. John A. Nordberg : Status hearing held; continued to 8/18/93 at 9:00 a.m. Granting county defendants' motion to extend time to answer or otherwise plead to plaintiffs' complaint to 7/26/93 [74-1]. No notice (rmm) (Entered: 06/24/1993)

June 23, 1993

June 23, 1993

76

ANSWER to the plaintiffs' first amended complaint by defendants Cook Co IL, Cook Co Bd of Comm, Richard J Phelan, Michael F Sheahan, J W Fairman; Notice of filing. (rmm) (Entered: 07/27/1993)

July 26, 1993

July 26, 1993

77

MEMORANDUM, OPINION, AND ORDER (rmm) (Entered: 08/20/1993)

Aug. 18, 1993

Aug. 18, 1993

78

MINUTE ORDER of 8/18/93 by Hon. John A. Nordberg : Status hearing held; continued to 10/27/93 at 9:00 a.m. State defendants' motion to dismiss the complaint [59-1] is denied. Court orders defendants to respond to plaintiff's interrogatories by 9/20/93. No notice (rmm) (Entered: 08/20/1993)

Aug. 18, 1993

Aug. 18, 1993

79

MOTION by plaintiffs for determination of plaintiff's motion for class certification and for leave to amend the complaint to delete certain named plaintiffs who were not confined in the jail when the complaint was filed. (Exhibits); Notice of motion for class certification. (rmm) Modified on 10/29/1993 (Entered: 10/29/1993)

Oct. 27, 1993

Oct. 27, 1993

80

MINUTE ORDER of 10/27/93 by Hon. John A. Nordberg : Status hearing held; continued to 1/10/94 at 9:00 a.m. Granting plaintiff's motion for determination of plaintiff's motion for class certification [79- 1]. Defendants' response to plaintiff's motion for class certification [29-1] due 12/1/93. Plaintiffs' reply due 12/15/93. Ruling set for 1/10/94 at 9:00 a.m. on plaintiffs' motion for class certification [29-1]. Plaintiff's motion for leave to amend the complaint to delete certain named plaintiffs who were not confined in the jail when the complaint was filed [79-2] is granted. Plaintiff's amended complaint due 1/10/93. Mailed notice (rmm) (Entered: 10/29/1993)

Oct. 27, 1993

Oct. 27, 1993

81

SECOND AMENDED COMPLAINT [0-1] by plaintiffs Ricky B, LaShawn H, Eugene B, Steven F, Maryann M, Shaun M, Andre B, Christopher P, Eric B, Clifford C, Robert Mu, Marvin S, Robert MA, Donnell C, William D, terminating plaintiff Edward C, plaintiff Talmas E, plaintiff Tommy H, plaintiff Saleem L, plaintiff Rachel T, plaintiff Katrina B, Michael B, Board of Education; Notice of filing. (rmm) Modified on 11/04/1993 (Entered: 11/04/1993)

Nov. 1, 1993

Nov. 1, 1993

82

MINUTE ORDER of 1/10/94 by Hon. John A. Nordberg : Status hearing held; continued to 3/1/94 at 9:00 a.m. Plaintiff counsel to prepare draft order granting motion for class certification. No notice (rmm) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

83

STIPULATION, by plaintiffs and defendants Chicago Board of Education and its Superintendent, of the parties as to the certification of the class [29-1] (ar) (Entered: 03/02/1994)

March 1, 1994

March 1, 1994

85

MINUTE ORDER of 3/1/94 by Hon. John A. Nordberg : Status hearing held; continued to 05/03/94 at 05/03/94 at 9:00 am. By stipulation of the parties [83-1] [84-1], the District court certifies the following class pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2): All pretrial detainees who are or will be confined within the divisions of the Cook County Jail and who are or will be entitled under state and federal law to free regular or special education services. No notice (ar) (Entered: 03/02/1994)

March 1, 1994

March 1, 1994

86

MINUTE ORDER of 5/3/94 by Hon. John A. Nordberg : Status hearing held; continued to 07/12/94 at 9:30 a.m. The Civil Rights Division of the Department of Justice is granted leave to file motion to intervene by 05/13/94. The Court defers briefing generally until further order of Court. No notice (lal) (Entered: 05/04/1994)

May 3, 1994

May 3, 1994

87

ATTORNEY APPEARANCE for proposed intervenor-plaintiff USA by Jeremiah Glassman and Gary A. Haugen (ar) (Entered: 05/06/1994)

May 5, 1994

May 5, 1994

88

MINUTE ORDER of 5/6/94 by Hon. John A. Nordberg : The United States of America is granted leave to file complaint in intervention. Mailed notice (ar) (Entered: 05/09/1994)

May 6, 1994

May 6, 1994

89

COMPLAINT-IN-INTERVENTION by intervenor plaintiff USA (ar) (Entered: 05/09/1994)

May 6, 1994

May 6, 1994

FIVE ORIGINAL SUMMONSES and five copies issued as to NW Univ. Legal Clinic, Ruthanne Wolf, Miguel Rodgriguez, Thomas Ioppolo and Jack O'Malley (ar) (Entered: 05/09/1994)

May 6, 1994

May 6, 1994

90

MINUTE ORDER of 7/12/94 by Hon. John A. Nordberg : Status hearing held; continued to 09/20/94 at a.m. State of Illinois and Board of Education's time to answer or otherwise plead is extended to 09/20/94. No notice (lal) (Entered: 07/14/1994)

July 12, 1994

July 12, 1994

91

MINUTE ORDER of 9/19/94 by Hon. John A. Nordberg : Status hearing re-set for 10/31/94 at 9:00 a.m. Status set for 09/20/94 is stricken by agreement of the parties. Telephoned notice (fce) (Entered: 09/21/1994)

Sept. 19, 1994

Sept. 19, 1994

92

MINUTE ORDER of 10/31/94 by Hon. John A. Nordberg : Status hearing held; continued to 12/12/94 at 9:00 a.m. No notice (lal) (Entered: 11/08/1994)

Oct. 31, 1994

Oct. 31, 1994

93

MINUTE ORDER of 12/12/94 by Hon. John A. Nordberg : Status hearing held; continued to 01/30/95 at 2:00 p.m. No notice (lal) (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

94

MINUTE ORDER of 2/8/95 by Hon. John A. Nordberg : Status hearing held; continued to 03/01/95 at 9:30 a.m. No notice (fce) (Entered: 02/13/1995)

Feb. 8, 1995

Feb. 8, 1995

SCHEDULE set on 2/23/95 by Hon. John A. Nordberg : Status hearing reset to 10 Mar 95 at 9:30 a.m. Mailed notice (tlp) (Entered: 02/23/1995)

Feb. 23, 1995

Feb. 23, 1995

95

MINUTE ORDER of 3/10/95: by Hon. John A. Nordberg : Status hearing held. Motions regarding attorneys fees and costs to be filed 3/31/95; responses to be filed 4/7/95; ruling 4/17/95 at 2:30pm. No notice (emd) Modified on 05/05/1995 (Entered: 03/15/1995)

March 10, 1995

March 10, 1995

96

TRANSCRIPT of proceedings for the following date(s): 2/8/95 Before Honorable John A. Nordberg. (emd) (Entered: 03/29/1995)

March 24, 1995

March 24, 1995

97

MOTION by cook Co Bd of Comm, Michael F Sheahan, J W Fairman for partial summary judgment ; Notice of filing. (emd) (Entered: 04/06/1995)

March 31, 1995

March 31, 1995

98

STATEMENT of material facts pursuant to local Rule 12 (M) by cook Co Bd of Comm, Michael F Sheahan, J W Fairman (emd) (Entered: 04/06/1995)

March 31, 1995

March 31, 1995

Case Details

State / Territory: Illinois

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 1992

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all current and future pretrial detainees who are or would be confined in divisions of Cook County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cook County Jail, County

City of Chicago, City

Chicago Public Schools, City

Illinois State Board of Education, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 1995 - 2004

Content of Injunction:

Monitor/Master

Monitoring

Issues

General:

Education

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run