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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]
Linda Shelton, 
Lenora Moore, 
Lenora Moore 7:49 pm on December 18, 2019 Permalink |
Hi, I was wondering about div 3 Annex condemned building unbelievable living units, Was there class action lawsuit
Linda Shelton 8:24 pm on December 18, 2019 Permalink |
I don’t know-perhaps someone else will answer your question. I did make a complaint to US Attorney in 2006, they investigated jail for 17 months & forced extensive repairs, cleaning & improved mental healthcare but conditions though vastly better today remain pitiful, especially abuse by guards.
Brittany Hoffman 1:28 pm on July 23, 2019 Permalink |
I have a question about whether the lawsuit is still happening regarding the condemned building or division 3 in cook county jail. I was told if I went to a specific building and signed a petition that there was some kind of settlement and I was never notified because I moved residence so much. Is this still a current lawsuit the i can become a part of?
Linda Shelton 7:18 pm on July 29, 2019 Permalink |
Suits have deadlines and I believe you missed it
Joshua 12:26 am on July 10, 2019 Permalink |
I was locked up in 2010 and was housed in a condemned part of the jail as part of the workers unit, i wasnt informed about any suit or even knew i could file until today i saw a guy i was locked up with back then at the train stop downtown, he said a lot of people including him got settlements for it, is there any way i can still get in on this? Im in a dire spot and on the streets rn anyway so i need help to get off the street and if this can help me then i need it especially since i never should have been placed in that wing/block anyway
Linda Shelton 8:09 am on July 10, 2019 Permalink |
You missed the deadline – you would have recived a notice at the address you listed when arrested
Terrance Eugene Hoffman 9:46 am on February 22, 2019 Permalink |
I was part of a class action lawsuit against Cook County Jail for non medication back in the 2000s I filed a dust position in 2012 I lost my attorney’s name I would like to know if you can help me find out if there was a settlement in this case
Linda Shelton 10:56 am on February 22, 2019 Permalink |
I don’t know what you mean by a “Dust position”, but in any case, there are time limits for claiming compensation as a member of a class action and it is well past the time limit for that suit. The best place to find the list of attorneys is to go to the court clerk at the federal building and ask for their help in looking it up on the computer. I am disabled and cannot do the grunt work for those who ask for help. I doubt it would be worth your time at this point.
Bonnie McNulty 3:16 pm on November 23, 2018 Permalink |
I was incarcerated in dupage county jail for ten months. I requested to go to the doctor because i had huge masses in my neck. The doctor just dismissed me and told me to go to the doctor when i get released. When i was released i went to the doctor. The doctor immediately scheduled surgery because he knew what was wrong. I had thyroid cancer. Do I have a case.
Linda Shelton 8:46 pm on November 24, 2018 Permalink |
The way to answer that is to ask the three Ds:
Did they have a DUTY to treat you that you can prove? – yes
Were they DERELICT in that duty in a way that you can prove? – yes
Did you have DAMAGES due to their dereliction of duty that you can prove? – not necessarily and without this you have no cause of action, which is determined by whether your tumor was fast growing and whether or not delay decreased your chance of cure or harmed you in some way such as requiring a more lethal or more side-effects type of treatment, which you would have to have your doctor AND an expert agree about and testify to – this is what YOU must explore and answer with your doctor and any personal injury or malpractice attorneys whom which you discuss this matter – don’t bother to go to an attorney until you believe you can answer this last question with a YES!
Luke Marco 10:30 am on June 20, 2018 Permalink |
I got a letter about the dental lawsuit n they’re asking for over 5 mil . I wonder how many people will sign on for the dental class action
Jacklyn Darnell Dover 2:58 am on March 20, 2018 Permalink |
Hello I was incarcerated at cook county jail I had 3 cases in 3 county’s in which I went to from cook county ibfin8shed all cases cook hing last was suppose to he released but they didn’t so I was detained in cook county for 5 days with now cases I was never in custody on other county cases can I get payed for being detained 5 days for no reason
Linda Shelton 7:27 pm on March 21, 2018 Permalink |
No and a suit would cost you more than you could possibly gain so I think pursuing this is not wise.
Thomas Infante 12:45 pm on July 27, 2017 Permalink |
https://polldaddy.com/js/rating/rating.jsHello my name Is Thomas Infante
I was incarcerated in early 2007 and was denied
Dental at cook county jail @26th and California
Linda Shelton 1:45 pm on July 27, 2017 Permalink |
In order to file a suit you must prove the 3 Ds – duty, dereliction of duty, and damages more than minimal. You must find an attorney who believes your damages are so great that it is worth pursuing as he must be able to collect the $10,000 to $50,000+ costs of litigation (filing fees, expert witness fees, investigator fees, etc, which are necessary to litigate a suit successfully) plus the 1/3 of the award for damages minus costs that will be his/her fee.
So unless your damages amount to at least several hundred thousand $, you won’t be able to find an attorney and file a suit.
Class action suits are taken by class action tort attorneys when there are thousands of plaintiffs who all would get small awards of a few $ to a few hundred $, because when representing so many, even if awards are small the total amount paid out is huge so that their 1/3 fee is considerable.
Jerome Goldsmith 4:46 pm on June 15, 2017 Permalink |
Hello, Im wondering if you can point me in the right direction..Im trying to find a Lawyer or Firm that can handle Class Actions & Constitutional Rights Violations in the State of Mississippi
Linda Shelton 8:05 pm on June 15, 2017 Permalink |
Sorry – don’t have a clue about states outside of IL
K 6:49 am on June 2, 2017 Permalink |
I have a tbi from Cook County jail
Not only was I illegally detained but I have epilepsy. I had a seizure on concrete after crying about having an aura, they waited 15 minutes according to other inmates. Medical gave me a sleeping pill. I should be dead. Not to mention those illegal strip and cavity searches are still going on. I was lied about and my record tarnished over being the VICTIM in a domestic abuse situation. I now lost my child because the ex had more money… They got every penny in my bail.
Kenny Stemp 11:51 am on April 20, 2017 Permalink |
I would like to file a class action lawsuit against the Cook county jail for cruel and unusual punishment. I was incarcerated in Div. 14 and was repeatedly burned while sleeping next to the heat registers.
Linda Shelton 10:50 am on April 21, 2017 Permalink |
You will have to find an attorney & bring him evidence from a doctor of the burns from at least two people that were more than minor. The statute of limitations is two years from the time of the burn. After two years it is too late. Look at the names of attorneys that have previously handles class action suits. Some are listed in the blog posts on the right side of this blog under class actions or search this blog for term class action
Horace E. Harrington 1:29 pm on March 21, 2017 Permalink |
My name is Horace Harrington D.O.B 01/25/1972 SSI# 360-60-6478 ADDRESS 442 N.RIDGEWAY AVE. CHICAGO,IL 60624 (773)656-4408.Just trying to find out about the money concerning the CLASS ACTION LAWSUIT…. THANKYOU!!! FOR YOU TIME IN THIS MATTER..
Linda Shelton 2:03 pm on March 21, 2017 Permalink |
Horace – Which lawsuit are you concerned about? Each case once decided has a deadline for you to respond in order to collect the usually small amount of compensation.
Concerned 12:05 pm on March 27, 2017 Permalink |
You really need to delete all of your personal information. Before someone steals your identity.
Linda Shelton 10:12 am on March 29, 2017 Permalink
There’s nothing to steal – and death won’t change that
Emanuel ivy 11:33 am on March 20, 2017 Permalink |
knows I’m eligible for the lawsuit
Linda Shelton 2:03 pm on March 21, 2017 Permalink |
Emanuel – Which lawsuit are you concerned about? Each case once decided has a deadline for you to respond in order to collect the usually small amount of compensation.
Donald A Smith 1:13 am on January 7, 2017 Permalink |
To be included in div 1 condemnation lawsuit against cook county jail incarcerated there for more than a year.
Tahrimjihad8@gmail Jihad 5:58 pm on September 29, 2016 Permalink |
We been waiting on the Suit against SCCC Medical and Dentist…
NANCY 12:20 pm on August 1, 2016 Permalink |
Who can i talk? Or what do i need to do? In order to file a lawsuit agaianst div.1 for living conditiins and overall the food that they are given?
Linda Shelton 3:19 pm on August 5, 2016 Permalink |
A suit requires U prove 3 Ds = duty, dereliction of duty, & damages. U must prove they had duty by quoting IL or federal law or statutes or case law (previous opinions in written rulings from higher courts). U must prove with evidence & not just your statement that they violated their duty to you. U must prove that U suffered damages that R significant & not just bruises, minor inconvenience or normal miseries resulting from being jailed. Again, this must B real evidence & not just your statement or complaint. U must either have lots of money to hire a lawyer & investigators or find a lawyer with lots of money who believes U have such a good case with such good evidence that he is likely to win the case & obtain a big judgment (monetary award determined by the jury) that he feels it is financially lucrative 4 him 2 take the case on contingency (without an upfront fee). That’s the facts U must consider & deal with to win suit.
JEROME GOLDSMITH 3:55 pm on July 2, 2016 Permalink |
I WAS INCARCERATED ON SEVERAL DIFFERENT OCCASIONS WHICH UPON RELEASE I DIDNT RECEIVE MY CLOTHING ITEMS THAT I WENT IN WITH. THEY GIVE YOU A PAPER STATING THE ITEMS THAT YOU HAVE ON UPON ADMITTING BUT THE PROBLEM IS THAT THEY HAVE INMATES WORKING THE AREA WHERE YOU LEAVE YOUR ITEMS AND WHEN THEIR FRIENDS ARE BEING RELEASED, IF THEY SEE ITEMS THAT ARE WORTH VALUE THEY GIVE IT TO THEM INSTEAD OF WHAT THEY ARE SUPPOSED TO GIVE THEM. I WAS TOLD TO GO TO THE DALEY CENTER TO FILE A CLAIM, BUT THE FEES AND THE RUN AROUNDS THEY GIVE YOU ASSOCIATED WITH THE MATTER IS RIDICULOUS!!!! THIS HAVE BEEN GOING ON YOU “YEARS” NOW AND IM SURE THERE IS A HIGH NUMBER OF PEOPLE THAT GETS/GOT DISCOURAGED WITH THE PROCESS OF GETTING REIMBURSED FOR YOUR ITEMS. ALSO WHEN I/IF YOU COMPLAIN TO THE OFFICER THAT YOU ARE NOT LEAVING UNTIL YOU GET YOUR ITEMS OR ASK FOR A SERGEANT, EVEN AFTER YOU HAVE BONDED OUT, THEY WONT RELEASE YOU UNTIL YOU SAY FORGET IT, AND GIVE YOU OFTEN TIMES OLD, TOO BIG, RAGEDY, STINKY OR PLAIN OUT SOMEBODY ELSE CLOTHES! CAN WE START/DO SOMETHING CONCERNING THIS MATTER??
Linda Shelton 6:23 am on July 4, 2016 Permalink |
This happens all the time. They even record money taken from detainees as a lesser amount and then steal what’s they didn’t record. Make a complaint with the Department of Justice Division of Government Corruption.
Patricia 4:39 am on October 26, 2016 Permalink |
The same thing happened to me they gave me smelly raggedy oversized clothes that belonged to someone else it was so embarrassing I was humiliated and made fun of when I was released a man I knew seen me and thought I was on drugs because of the way I was dressed something needs to be done about this seeing that it’s done all the time everything I had on was brand new and wasn’t cheap I went to the daily center as well and it seemed like they was just trying to squeeze more money out of me the way the lady described it to me was basically like it was a waste of time & money or probably trying to cover there asses
Linda Shelton 12:40 pm on October 27, 2016 Permalink
There needs to be a class action suit, but this is unlikely. It is a racket where the guards & certain inmates steal expensive clothes. I suggest that you write down careful description of what you were wearing when you came in. Try to find pictures of you wearing these clothes or receipts for the purchase Of these clothes. Take pictures of you in the clothes you ‘re given on release. Get a group to stand outside jail and talk to inmates released for months to gather evidence of names of people this happened to and photos of clothes they were given. After you have at least a dozen cases with such evidence (photos, receipts, affidavits from other and yourselves affirming what you were wearing when taken in and receipts for the the clothes they took from you) then there may be enough evidence to find a civil rights attorney to help you file a class action suit.
Kevin R Hill 3:11 pm on April 26, 2016 Permalink |
I’m trying to see if there is a class action lawsuit about being housed in Division two, that I can get in on. If anyone knows anything about it please let me know. Thanks
Rudy 9:04 pm on April 20, 2016 Permalink |
I was beaten by a C O just because I didn’t hear what he said the first time when I was brought to cook county early morning before the registration cand i do anything about it?
Linda Shelton 9:32 am on April 21, 2016 Permalink |
You can make a complaint to the Sheriff’s office through their office of professional review, but they generally ignore complaints it seems, as little changes and the abusive officers seem to get away with their crimes and abuses – http://cookcountysheriff.com/OPR/OfficeOfProffessionalReview_main.html
In terms of suits (torts) for damages – this requires the 3 Ds required to prove a tort case in court – duty, violation of duty, and damages – you must prove the officer had a duty not to harm you (easy to prove); you must prove he was derelict in that duty (violated his duty to prevent harm); and you must prove that you had damages as a direct result of the dereliction of duty. The problem is that in order to do this you must find a lawyer who will take the case. Unless the damages to you were significant (not just some bruises, embarrassment, or minor discomfort), so that the award for damages will be very large, no lawyer will take the case as who will pay for all the work the lawyer will have to do when the reward will be so little. Therefore unless you have permanent significant and expensive to take care of damage or death, it is unlikely you will get a lawyer to take your case on a contingency basis and unless you are rich, it is unlikely that you will be able to afford the attorney’s fees. That’s the bottom line.
Linda Shelton 9:34 am on April 21, 2016 Permalink
This is why we need judicial reform so that there is much greater civilian oversight of police, greater transparency, and much greater penalties for police who act badly. We need a real prosecutor who does not favor police and cover up for their corruption like Dick Devine and Anita Alvarez do. Don’t forget that Attorney General Lisa Madigan also covers up for corrupt police, judges, prosecutors, and politicians!!!
Nicole 5:33 pm on March 27, 2016 Permalink |
I was not given my medicine in which resulted in me blacking out &losing conscious…. plus it took transport about 20 to 30 minutes to come to escort the paramedics to the hospital with my bp being 209/113…. what do i do to file a law suit? Oh btw, needless to say once the nurse seen that i passed out she miraculously had my meds but it was too late…. & they came to the hospital that i was admitted in to give me house arrest all of a sudden!
Linda Shelton 12:33 pm on March 28, 2016 Permalink |
Law suits require three things – duty, dereliction of duty, and damages. You can prove the first two, but what are the actual damages you suffered? You need to talk to an attorney. If there were no permanent damages of a significant amount, the chance of winning a lawsuit is slim.
Linda Shelton 12:34 pm on March 28, 2016 Permalink
Without significant damages, the chance of finding an attorney willing to take the case is almost non-existent.
J.D. Smith 2:43 pm on April 7, 2016 Permalink
I believe you mean to say that a tort claim for negligence requires four things — duty, breach, injury, and CAUSATION. Without knowing a lot of additional details that aren’t in Nicole’s post (and should not be posted publicly anyway), it is irresponsible to tell her what she can and cannot prove and assessing her chances of winning a lawsuit.
Linda Shelton 1:22 am on April 8, 2016 Permalink
The facts are that attorneys will generally not take cases for nothing, although they do work on contingency, but this does not always mean that you don’t have to pay certain fees they incur. However, there is nothing wrong with pointing out that it is important to be realistic. If the damages are less than the cost of pursuing the suit, then it is unlikely a lawyer will take the case, even if you can afford to pay him for his time.
Thomas Jackson 9:14 am on January 2, 2016 Permalink |
I was house on division 1 from September 29,2015 to October 12 ,2015 the building the condemned what floor do I go on at the Daley center or what lawyer do I talk to about that. If u can help me out thank u or what building to go to.
Linda Shelton 3:29 pm on January 2, 2016 Permalink |
Thomas – There are no suits for which you are eligible. To recover money in a suit for against the jail, you must show three things – duty, dereliction of duty, and damages. You apparently didn’t have any damages. If you want to sue for some damages you didn’t mention, then you have to hire yourself an attorney.
medd 2:06 am on January 2, 2016 Permalink |
I was beaten in cook county jail by another inmate is there a lawsuit against the county …it happened all on camera. Thanks
Linda Shelton 3:55 am on January 2, 2016 Permalink |
Suits require that you prove the 3 D’s = Duty, Dereliction of Duty, and Damages. Yes they have a duty to prevent injury. Yes there was dereliction of duty if you were injured by another inmate. If injuries are just bruises, then you won’t collect anything. There are no class actions in this kind of case. You would have to find an attorney to sue and very few attorneys will take a case unless they are assured of winning a substantial amount as the fees for filing, paying investigators, and paying for attorney time is high. Therefore, unless you have substantial injuries that you can prove were caused by the jail’s dereliction of their duty to protect you, no attorney will take the case. Also, they have a way of “losing” videos. If you did not ask for it to be preserved within 30 days, it was probably erased. There is no law requiring them to save the videos.
joe mahany 1:03 pm on December 29, 2015 Permalink |
i was included in the suit about being denied medication while in in cook county jail
the suit was taken up by kennith flaxman i have been calling his office for the last year and a half to find out the status of the suit
ihave always given my birth date and name and the tell me whats going on in the case
well i called today and the told me they had no information on me as being part of this lawsuit how can this be
Linda Shelton 4:08 pm on December 29, 2015 Permalink |
I suggest that you ask them for the name and case number of the suit and then go to the federal court 20th floor clerk’s office. They have computers there with all the case documents. Ask the clerk to help you use the computer and show you how to access the case documents starting with the complaint. Then read through all the documents and you may find out what was the criteria to include people in the suit, what is the status of the suit – pending or finished and if finished then what were the terms – deadlines and details of what criteria they used to include people. Once you find out if you were included – if you did not miss deadline for collection, the last orders should have instructions as to how to apply for the damages rewarded which are usually pretty small in class actions. You can also write a letter to the attorney. Letters are always better than calls.
Lita Moore 6:04 am on December 1, 2015 Permalink |
Yes. I also was n div three. I wasn’t breathing right. I was getting weak. Showering n nasty dirty water. They didnt want to come and fix drain. We smell gas n r rooms mold was everyw. Day room was leaking water. When we came out. We put blankets down for not to fall
Andrew Norwood 3:55 pm on October 30, 2015 Permalink |
My question, I’ve heard that it was a Cook County IL, Inmate STD Test Class Action Settlement . Is that class action close or to late to get information or payment for a inmate that was lock up at the time of settlement.. Thank for any assistant you can give me..
Linda Shelton 5:23 pm on October 30, 2015 Permalink |
You missed the deadline for collecting payment on the STD Class Action Suit.
Jessica 6:33 pm on October 23, 2015 Permalink |
Can anyone help me with the 1983 mold act lawsuit against the county jail. I was recently been locked up in division 3
Linda Shelton 1:25 am on October 1, 2015 Permalink |
I don’t understand what you are asking.
dbranlaw 11:14 am on September 30, 2015 Permalink |
Who is this? What Attorney should I contact?……..Lawerence Dbranlaw@hotmail.com
Sherri 6:31 pm on September 11, 2014 Permalink |
If someone was sentence to Cook County Boot Camp by the Judge and was told it was a 4 month in house followed by 8 months home. Once they arrive to boot camp after waiting in the Cook County jail for 2 months, they was told the program was now 6 months in house and 8 months home. They was threaten and force to sign a form agreeing to the new revised 6 months or either face the judge for sentence of 6 years or better. Also they was told the program has many programs, job skill and things that can help them once they are released. Well none of that is to be true, they do exercise in the morning. Some attend school that don’t have High School diploma while the others do absolutely nothing with there time but stand. If they are lucky they get to clean inside the building by washing walls ,mopping, cleaning. So how can this be a reform program and there is nothing for them to do. Tom Dart should be ashamed how he got on national television and spoke out of his mouth how the program has been revise with 4 month in house teaching them gardening skill alone with various other recreational programs. Not one of them seem a garden let alone any other skills. Is there anything that can be done about this,if nothing else this program should be closed down.
jefferi smith 1:59 am on August 27, 2014 Permalink |
ei want 2 no If it looks like the suit related 2 medical care will b solved soon and also how do i find out Ifo it. is 2 late 2 sue dupage county jail 4 rufuseing 2 give perscribed methadone of 150mg even thohugh i was deathly sick please help me and reply if u can and thank you 4 your Help ok
Linda Shelton 2:12 pm on August 27, 2014 Permalink |
I have no idea what suit you are talking about. There are several suits about medical care. Make sure the jail has your current address. Send your address to the jail record department and ask them to correct their records as to your current address. If the suit goes through, then the former inmates will be sent information to their last address. You can also contact one of the lawyers listed in my page to the right about class action suits and they could perhaps assist you in finding the contact information about the suit you are concerned about, if there is one. There is one about people in wheelchairs not getting care. In order to sue you must do so during the statute of limitations which is 2 years from the time of the incident. Then you must meet three criteria : there must be a duty, dereliction of duty, and damages (the three Ds). They had a duty to provide medical care and you can prove that. Your medical records can be used to prove they did not provide the proper medical care. The kicker is in the damages. Do you have PROOF that you suffered damages (medical records proving you were hurt in some way in a permanent manner or a temporary manner that you can prove and it cannot just be “I suffered and will testify to that”. You have to prove it.)? If you don’t have this, then you have no basis for a suit and you cannot win.
Dean 2:25 pm on August 21, 2014 Permalink |
My son was sentenced to 4 months bootcamp and 1 month house arrest after completion to the internal bootcamp process. Before his release date from the internal 4 months of boot camp, TomDart extended the external 1 month to 8 months. Was this a legal process to resentence to 8 months after judge sentence the boot campers to 1 month house arrest.?
Linda Shelton 1:13 pm on August 22, 2014 Permalink |
Unfortunately I believe it is legal and since the statute says the supervised release must be 8-12 months long, the sheriff is free to change 1 mo house arrest with 7-11 months probation/parole to 8 mo house arrest and 0-4 months probation/parole. It is not really a matter of resentencing. If given a chance to reduce the sentence by qualifying for the boot camp (“impact incarceration”), the felon must first be sentenced to prison time and then given the opportunity to complete the boot camp program successfully in lieu of the prison sentence. If the program is completed successfully then the prison sentence is reduced to time considered served. The boot camp is in lieu of other sentence mandated by statute which would be a much longer time in prison. You should ask your son what the actual prison sentence was. The Sheriff is given full discretion to design/change the boot camp program any way he wants as long as it does not exceed the the statute on impact incarceration in a county facility 730 ILCS 5-8-1.2 which says the program must be 120-180 days long and followed by 8-12 monthys of supervised release (the type of supervision decided by the Sheriff not the judge).The boot camp is sort of like a probation. If you fail, you automatically are sent to serve the full term in prison which is usually much longer. For class 4 felonies it is 1-3 years in prison plus 1 year probation. For class 3 felonies it is 2-5 years in prison and 1 yr probation. For class 2 felonies it is 3-7 yrs in prison and 1 yrs probation. For class 1 felonies it i 4-15 yrs in prison and 3 yrs probation, etc. If there is a prior felony conviction all of tese sentences can be doubled. The sheriff is extending house arrest because the statistics show there is too much recitivism. You can read the statute here: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V+Art%2E+8&ActID=1999&ChapterID=55&SeqStart=30300000&SeqEnd=31500000
Linda Shelton 9:12 pm on August 18, 2014 Permalink |
Yes they are changing things around, but I don’t have the details. I suggest you make a Freedom of Information Act Inquiry
kris 8:06 pm on August 16, 2014 Permalink |
My son is in Div 2 … heard it was condemned.. how do I find out if that is a fact…Div 4 women moved to Div 3 … and Div 2 has visitation in Div 4… so something is going on…
Thanks
Shawndra Williams 1:20 am on July 29, 2014 Permalink |
bMy husband is locked up in div 1 he has been infected on his leg from one of the uniform and no one is doing anything about it but soon somebody gonna do something.
Linda Shelton 9:26 am on July 29, 2014 Permalink |
Contact your commissioner on the Cook County Board of Commissioners and make a complaint to the office of Cook County Board President Tony Preckwinkle. Go to her office with several other people and make a complaint in person. The Board has control over the jail. Also make a complaint to the U.S. Attorney at:
Office of U.S. Attorney
Task Force on Civil RIghts Violations
at Cook County Jail
219 S Dearborn 5th Floor
Chicago, IL 60604
Desiree S. 4:35 pm on July 18, 2014 Permalink |
Is there a class action suit in regards to mold or overcrowding?
Linda Shelton 10:30 pm on July 19, 2014 Permalink |
I don’t know. To prevail on a suit you must show the three Ds = duty, dereliction of duty, and damages more than minor. What do you consider the damages. Did someone get pneumonia? Did someone have an illness or die from mold or overcrowding that you can prove a connection? If not, then you have no basis for a suit. You can only sue if you can show serious damages to a person.
David W 5:48 pm on June 22, 2014 Permalink |
you’re right about the saving money part cuz I was on methadone and it took them 5 days to give it to me by that time I was through my full blown withdrawal and didn’t even want itand if anybody knows going through withdraw off of methadone alone isjust as bad as hey heroin withdrawalbut it’s my own fault I was there but that still doesn’t give them the excuse to not follow procedure they had all the information I gave them an intake instead of giving it to me right awayI’m just more mad than anything is nobody deserves to go through thatthank you for your reply and I will look into it further
David W 8:27 pm on June 11, 2014 Permalink |
Is there a class action lawsuit against cc doc for not administering prescribed medicine to inmates who have had proof of the prescription during intake? It took them 5 days to administer me my medication
Linda Shelton 9:19 pm on June 11, 2014 Permalink |
I am not up to date right now on the class actions. I suggest you contact the attorneys listed on the cases under my class action notes on the right side of the screen. It is common for the jail to withhold medication for days. Many people get out within a few days and this appears to be a scheme to save money for te county as well as sheer incompetence of the medical staff. If you suffered permanent injury from this withholding of medicaion, you may have grounds for a lawsuit. At least you could be a named party on a class action suit to help get an injunction to change this even if you don’t get much compensation. Attorney Morrissey is well known for filing a number of these class action suits. I suggest you contact him first. Law Offices of Thomas A. Morrissey, Phone: (708) 352-3790, Email:tam@thomasamorrisseylaw.com To prevail in a lawsuit you must meet the three Ds (prove the state had a DUTY, prove DERELICTION OF DUTY, and prove DAMAGES !!! – )
Linda Shelton 9:47 am on May 12, 2014 Permalink |
Please provide more information.
lashay brooks 11:42 am on May 5, 2014 Permalink |
Hey friends and love ones im trying to get an investigation started on cook county jail Divison Two formerly know as Divison three its condemd. Its been reported that the building has water damage mold growing and rats all over the place. 70% of the detainees are sick and some can not get out of bed. My fiance has been refused medication and has become sick himself from mold inhalation constant headache, fatigue, cant eat,coughing up fluids,stomaches etc. Division 3 was only supposed to be temporary housing until the detainees are place in thier permanent housing units so they changed the number on the building to confuse us. Instead it is housing over 300 detainees in one big room no cells most of them sick. Google this Im not making it up please call cbs and wgn news to report this. Thanks
lashay brooks 11:40 am on May 5, 2014 Permalink |
Please contact me trying to get a class action law suit statred against division 3 of cook county jail. My fiance has reported 70% of the inmates are sick and the building is mold imfested it is suppose to be shut down. lbrooks2603@yahoo.com
Linda Shelton 9:48 am on May 12, 2014 Permalink |
Click on the list at the right on this blog about class action suits and contact one of the lawyers listed there that has filed a class action suit – make an appointment and talk to them.
errick Winston 1:01 pm on September 29, 2015 Permalink
I would like to be notified about the lawsuit against Cook County Jail in regards to the mold in the asbestos please contact me at 312 934 3-9 7-3 or you can mail me a letter at 3550 South Road Rho des apartment number
aaron 6:21 am on April 8, 2014 Permalink |
Was never compensated for any of the class action law suits although I qualified for all of them. Please contact me at 773-954-3305
Linda Shelton 12:27 pm on April 8, 2014 Permalink |
The lawyers send notification in mail to the address the jail had for you when arrested. If you do not respond by the short deadline you forfeit your award. I suspect you missed all the deadlines.
William 8:52 pm on March 27, 2013 Permalink |
Any class action lawsuits regarding cook county jail div 3
Courtney 8:57 pm on March 10, 2013 Permalink |
My fiance is in Division 3 right now. He keeps telling me there is NO HEAT and the SHOWERS DONT WORK! He has been there since the 3rd of March without a shower or heat. There has GOT to be something going on with this. The men he is incarcerated with are also telling him that Division 3 is deemed CONDEMNED. I am calling the Daley Center downtown Chicago for information in the morning on this issue. If they dont want to help me I am calling my lawyer to look up this issue. I suggest anyone with the similar complaint do the same!
Linda Shelton 9:42 pm on March 10, 2013 Permalink |
I am not privy to the details of conditions in Div 3. Be aware however that suits require proof of 3 things: 1) duty – you have to prove they have a duty to provide you showers and a certain temperature in the environment. I believe laws in Chicago require building to be at least 68 degrees. However, that feels pretty cold if you are wearing a thin prison outfit and are given one sheet and a thin blanket. There is no law that requires daily showers. I believe they are allowed to limit showers to once a week. Someone needs to look up the law on this. 2) dereliction of duty – you have to prove the temperature is less than 68 degrees and that they had less than one shower a week (or the number the law requires). That means you have to subpeona the jail records of the building temperature – if they have them and the records on the units as to when the detainess were in the shower! and 3) damages – you have to prove they were harmed by the dereliction of a duty – that is not so easy as you can’t just say they had some emotional distress. Think about it! What are the damages. If there was no heat in the winter and they got frostbite then you could subpoena medical records. What are the damages and how are you going to prove the damages? That will be the difficult part of the suit. A lawyer would have to subpoena the jail records on logs of the temperature, on building inspections, etc. Lawsuits are NOT as easy as people believe.
Tiffany Peters 6:54 am on February 14, 2018 Permalink |
Yes. This is very true. 3,4 and div 17 are all horrible. I was housed in all 3 and they’re awful. Div 17 i went 6 months no heat or hot water for 6 months.
C. Wright 12:12 pm on March 5, 2013 Permalink |
How do I receive/fill out the claims forms for residing in division 3 during my stay at cook county department of corrections?
Linda Shelton 1:15 pm on March 5, 2013 Permalink |
I am not aware of any class action suit for “residing in division 3”. Generally when there is a class action, the attorneys will send a letter to you at the address listed for you by the jail when you were jailed. You don’t have to fill out forms in general unless you want to OPT OUT of the lawsuit. If your address has changed, you should inform the jail’s legal department as well as inform the attorney for the Plaintiff class on the lawsuit. I post the information about the attorneys on this web site for any class actions suits that have been certified as a class by a court.
Linda Shelton 1:17 pm on March 5, 2013 Permalink
I am not aware of all lawsuits and do not have the time to do nothing but this, so if anyone else is aware of a lawsuit not listed here, please inform me.
dbranlaw 3:27 pm on April 16, 2015 Permalink
I am in the process of filing against The Cook County Jail for having housed me in an asbestos environment .
Courtney 9:02 pm on March 10, 2013 Permalink |
My fiance is there now. I suggest calling the Daley Center downtown Chicago. If they dont want to help you then i suggest calling a lawyer to see if the building really has been deemed condemned. I just spoke with my man and he says there is no heat and no showers and he has been there since the 3rd of March. Good luck to you and us both! $$$$$$$$$ :)))
Linda Shelton 9:44 pm on March 10, 2013 Permalink
You might want to check with the City of Chicago building department to see if there are any records as to inspections in the building or inspections of the temperature in the building.
Linda Shelton 9:44 pm on March 10, 2013 Permalink
I don’t think the Daley Center has any records from the jail.
JUAN BOOKER20060099546DOC# 2:53 pm on January 21, 2013 Permalink |
I WAS WROMGFULLY INCARCERATED FROM DEC31 2006 UNTIL OCT.26 2010 AND FILED NUMEROUS GRIEVANCES ABOUT THE DENTAL DEPARTMENT FROM JULY 2007 UNTIL THEY FINALLY CALLED ME TO GO TO DENTIST RESULTING IN ME HAVING TO GET 3 TEETH PULLED THAT COULD HAVE POSSIBLY SAVED DUE TO INADEQUATE DENTAL CARE FROM CCDOC I SIGNED UP FOR LAWSUIT THEN BUT HAVE RECIEVED NO WORD BACK DUE TO ME BEING RELEASED WITH A NOT GUILTY VERDICT