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Case Name Parish v. Sheriff of Cook County JC-IL-0042
Docket / Court 1:07-cv-04369 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Case Summary
On August 3, 2007, a Cook County Jail (CCJ) inmate filed a lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 1343 and 2201 against Cook County. The plaintiff, represented by private counsel, asked the court for compensatory ... read more >
On August 3, 2007, a Cook County Jail (CCJ) inmate filed a lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 1343 and 2201 against Cook County. The plaintiff, represented by private counsel, asked the court for compensatory damages, claiming that the jail's policies and procedures that denied prescribed medications to prisoners violated the Fourteenth Amendment.

The plaintiffs specifically alleged that the defendant's policy allowed medical technicians to deny medications to detainees solely on the basis of a brief and cursory interview. Technicians failed to inquire about detainees' medical histories and made their decisions without consulting a physician. With respect to psychotropic medications, the plaintiffs alleged that CCJ routinely provided antidepressants to inmates requiring psychotropic medications due to cost issues leading to behavioral problems, including suicide attempts. With respect to non-psychotropic medications, the plaintiffs alleged that the county's policy permitted technicians to cut off drug treatments for a wide range of conditions, including enlarged prostate, heart disease, acid reflux, congestive heart failure, asthma, hepatitis C, chronic pain and surgical wounds. As a result, the plaintiffs suffered a wide range of adverse medical consequences.

On August 16, 2007, the plaintiffs filed the first amended complaint requesting class certification. On March 31, 2008, the plaintiffs filed the second amended complaint

On May 21, 2008, memorandum of law in support of defendant sheriff's motion to dismiss plaintiff's second amended complaint for failure to state a claim for which relief can be granted. The defendants argued that the plaintiffs failed to allege that a policy, custom, or practice for the Sheriff of Cook County was responsible was a cause or contributing cause for their alleged constitutional injury.

On October 24, 2008, Judge Matthew F. Kennelly granted class certification to current and former inmates confined to the Cook County Jail who were denied prescribed drug therapies by the facility, rejecting the defendant's adequacy-of-representation argument that asserted felons cannot serve as class representatives. Parish v. Sheriff of Cook Cnty., 07 4369, 2008 WL 4812875 (N.D. Ill. Oct. 24, 2008).

The case is ongoing as of March 29, 2014.

Jessica Kincaid - 03/29/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Corrections
General
Conditions of confinement
Unconstitutional conditions of confinement
Medical/Mental Health
Hepatitis
Medication, administration of
Mental health care, general
Self-injurious behaviors
Suicide prevention
Untreated pain
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Cook County
Plaintiff Description Current and former inmates confined to the Cook County Jail who were denied prescribed drug therapies
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:07-cv-04369 (N.D. Ill.) 01/31/2014
JC-IL-0042-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/03/2007
JC-IL-0042-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 08/16/2007
JC-IL-0042-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 03/31/2008
JC-IL-0042-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT SHERIFF OF COOK COUNTY’S MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT 05/21/2008
JC-IL-0042-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER 10/24/2008 (2008 WL 4812875) (N.D. Ill.)
JC-IL-0042-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kennelly, Matthew F. (N.D. Ill.)
JC-IL-0042-0004
Lee, John Zihun (N.D. Ill.)
JC-IL-0042-9000
Monitors/Masters None on record
Plaintiff's Lawyers Flaxman, Kenneth N. (Illinois)
JC-IL-0042-0002 | JC-IL-0042-0006 | JC-IL-0042-9000
Morrissey, Thomas Gerard (Illinois)
JC-IL-0042-0002 | JC-IL-0042-0005 | JC-IL-0042-0006 | JC-IL-0042-9000
Scanlon, Stacey L. (Illinois)
JC-IL-0042-9000
Defendant's Lawyers Catania, Francis J. (Illinois)
JC-IL-0042-9000
Creighton, Andrew Joseph (Illinois)
JC-IL-0042-9000
Devine, Richard Arthur (Illinois)
JC-IL-0042-0003
Fahlgren, Daniel J. (Illinois)
JC-IL-0042-0003 | JC-IL-0042-9000
Other Lawyers None on record

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