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CLASS ACTION FOR STRIP SEARCHES DONE ILLEGALLY (CLOSED JAN 2011)

The class action suit against illegal strip searches had a deadline to obtain a claim of January 2011 so no more people can be compensated as of this date Dec 2012.  You can read about it here: http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/916-cook-county-jail-illegal-strip-search-settlement

CLASS ACTION FOR FAILURE TO PROVIDE DENTAL CARE (PENDING)

Case Name : Smentek v. Sheriff of Cook County    JC-IL-0047

Docket   1:09−cv−00529 (N.D. Ill.) 04/26/2012

Illinois

Plaintiff Description: Inmates in the Cook County Jail, on or after Jan. 1, 2007, who have requested [in writing]  but did not receive dental care. SEE BELOW FOR MORE DETAILS OF WHO IS INCLUDED IN SUIT – you should have received a letter from the attorneys.  If you lost it, you can call the number of attorney Morrissey at the end of this post and ask for another letter.  You should NOT PESTER the attorneys.  The amount that will be received if they win this suit is likely fairly SMALL (<$100) so don’t get your hopes up.

Case Type(s)  Jail Conditions

Case Summary

On January 27, 2009, current and former inmates at the Cook County Jail filed a lawsuit against the Sheriff of Cook County and Cook County, IL in the District Court for the Northern District of Illinois. Represented by private counsel, plaintiffs sought certification of two sub-classes: “all inmates housed at Cook County Department of Corrections on or after January 1, 2007, who have made a written request for dental care because of acute pain and who suffered prolonged and unnecessary pain because of lack of treatment ” and “all persons presently confined at the Cook County Jail who are experiencing dental pain and who have waited more than seven days after making a written request for treatment of that pain without having been examined by a dentist.” For the first class, plaintiffs sought monetary relief and both monetary and injunctive relief for the second sub-class.

As of the date of this summary, the legal issues of the case have centered around class certification. On November 18, 2010, the judge certified the second class of plaintiffs while denying the first class certification. Other judges in the same district had denied class certification in similar circumstances, and defendants (and the court) cited principles of comity to support denial of certification in this case.

The plaintiffs moved for reconsideration, citing recent Supreme Court case law abrogating the notion of comity as precluding certification of a Rule 23(b)(3) class. On August 17, 2011, the judge granted this motion and certified both sub-classes.

The case then went to the Court of Appeals for the 7th Circuit. The sole issue on appeal was if a district court, on deciding a motion for class certification, should defer, based on the principles of comity, to a sister court’s ruling of on a motion for certification of a similar case. On June 19, 2012, the Court of Appeals affirmed the district court’s grant of class certification by holding that another federal district judge’s rulings on class certification are not preclusive.

The case is ongoing.

Constitutional Clause:  Cruel and Unusual Punishment

Defendant-type:  Corrections

Medical/Mental Health:  Dental care

Plaintiff Type:  Private Plaintiff

Type of Facility:  Government-run

Causes of Action : 42 U.S.C. § 1983 (Federal Civil Rights Suit under Federal Civil Rights Act)

Defendant(s): Sheriff of Cook County

Class action status sought: Yes

Class action status granted: Yes

Prevailing Party: Pending

Case Ongoing : Yes

Plaintiff’s Lawyers

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Thomas G. Morrissey contact information below.

10249 South Western Avenue
Chicago, IL 60643
Phone: (773) 233-7900

CLASS ACTION SUIT FOR SHACKLING WOMEN AT JAIL DURING LABOR (AGREEMENT REACHED AND IN SETTLEMENT PHASE)

Case Name: Zaborowski v. Sheriff of Cook County,

Docket 1:08-cv-6946 (N.D. Ill.) 05/22/2012

Plaintiff Description : Plaintiffs were women in the custody of the Sheriff of Cook County immediately before, during, and after she gave birth and who were in restraints while in labor – YOU SHOULD HAVE RECEIVED A LETTER, IF YOU DID NOT, THEN CALL LAW OFFICE OF MORRISSEY AT END AND ASK FOR INFORMATION TO BE SENT TO YOU

Illinois

Case Type(s) :  Jail Conditions

Case Summary

On December 4, 2008, plaintiffs, a class of pregnant women who had given birth while incarcerated in the Cook County Jail (in Chicago), filed a lawsuit under 42 U.S.C. § 1983 against Cook County in the United States Court for the Northern District of Illinois, Eastern Division. The plaintiffs, … read more >

Issues : Affected Gender:  Female

Restraints : physical restraints while in labor

Medical/Mental Health:  Medical care, general

Type of Facility:  Government-run

Causes of Action :  42 U.S.C. § 1983 (Federal Civil Rights Suit)

Defendant(s): Cook County and  Sheriff of Cook County

Class action status sought : Yes

Class action status granted: Yes

Prevailing Party: Plaintiff

Nature of Relief: Damages

Source of Relief: Settlement

Form of Settlement: Court Approved Settlement or Consent Decree

Order Duration: not on record

Case Closing Year: n/a

Case Ongoing: Yes

Motion for Preliminary Approval of Class Action Settlement 05/17/2012

Plaintiff’s Lawyers

Flaxman, Kenneth N. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Thomas G. Morrissey contact information below.

10249 South Western Avenue
Chicago, IL 60643
Phone: (773) 233-7900

Scanlon, Stacey L. (Illinois)

SUIT WON FOR LOCKDOWN CONDITIONS IN WOMEN’S DIVISION – CLASS ACTION DENIED – 2012

“The Cook County Board . . agreed to pay more than $1 million in taxpayer money to settle a federal lawsuit brought by female County Jail inmates who said their civil rights were violated during repeated weekend lockdowns at the massive detention facility. The bulk of the settlement — $850,000 — will go to attorneys who represented the four inmates in the nine-year court case. Two inmates won federal judgments totaling $143,000, and the county opted to pay two others $5,000 to end the suit. … In addition to the $1 million settlement, the county spent at least $732,144 over the years to pay an outside firm to defend it against the suit, according to county records.” The plaintiffs had failed in a bid for class action status. [Chicago Tribune]