Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David Reutter Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David M. Reutter On July 11, 2008, the U.S. Department of Justice’s Civil Rights Division issued a letter to officials at Illinois’ Cook County Jail (CCJ) which found …
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
Denial of Counsel in Civil Case Prejudicial; Court Outlines Standard for Appointment by by David M. Reutter In an en banc decision, the Seventh Circuit U.S. Court of Appeals set standards for a district court to consider when a pro se litigant in a civil case requests appointment of counsel. …
$4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David Reutter $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David M. Reutter An Illinois federal jury awarded $4.45 million to the mother of a prisoner who died at the Cook County Jail. The …
Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference by The Seventh Circuit U.S. Court of Appeals has upheld a prisoner’s Eighth Amendment complaint of deliberate indifference to his serious medical condition when he alleged that the prison doctor called to treat his injuries chose …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
Former Illinois Prison Watchdog Group Executive Acquitted of Bribing Prison Officials by Former Illinois Prison Watchdog Group Executive Acquitted of Bribing Prison Officials On May 7, 2008, a federal judge acquitted Michael J. Mahoney, former executive director of a prison watchdog organization, of involvement in the payment of $20,000 in …
Martinez v. Garcia, IL, Complaint, Medical Neglect, 2008 Case: 1:08-cv-02601 Document #: 47 Filed: 11/07/08 Page 1 of 19 PageID #:336 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOHN MARTINEZ, Case No.: 08CV2601 Plaintiff, Judge Shadur Magistrate Judge Cole V. TAMMY GARCIA, DR. PARTHASARATHI GHOSH, DR. LATANYA …
Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Mistake in Naming Correct Parties Justifies Relation Back Amendment by Amendments adding parties relate back to the filing of the original complaint only where there has been a mistake concerning the correct party, not where that party's identity was unknown. The court notes that "mistake" can include a legal mistake …
