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Civil Rights Litigation Clearinghouse
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Case Name Hargett v. Baker MH-IL-0001
Docket / Court 02-01456 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Mental Health (Facility)
Attorney Organization ACLU Chapters (any)
Case Summary
On February 27, 2002, four individuals involuntarily detained by the Illinois Department of Human Services pursuant to the Sexually Violent Persons Commitment Act (“SVP Act”) on behalf of themselves and all others similarly situated filed this lawsuit in the U.S. District Court for Northern ... read more >
On February 27, 2002, four individuals involuntarily detained by the Illinois Department of Human Services pursuant to the Sexually Violent Persons Commitment Act (“SVP Act”) on behalf of themselves and all others similarly situated filed this lawsuit in the U.S. District Court for Northern Illinois. The plaintiffs sued under 42 U.S.C. § 1983. Represented by private counsel and the ACLU, they sought a declaratory judgment, a permanent injunction, costs and reasonable attorney’s fees, and the right of all class members to bring subsequent individual lawsuits for damages.

The plaintiffs claimed that the state failed to provide adequate and meaningful health treatment to the plaintiffs and those similarly situated; the treatment and care that was given was, they alleged, punitive and constitutionally inadequate. Specifically, the plaintiffs claimed that the defendants had failed to properly train their staff, provide individualized treatment programs, allow for family participation in rehabilitation efforts, allow for fair grievance procedures, afford reasonable opportunities to residents for activities, and to institute a procedure to guarantee appropriate therapist/patient confidentiality. The defendants also allegedly required, as a precondition to participation in all but the most basic treatment, that plaintiffs admit to many crimes for which they were not convicted. The conditions of confinement, according to the plaintiffs, were also unreasonable restrictive. Examples included routine strip searches, routine shackling with restraints used in “super-max” prisons, intrusive and frequent cell searches, constant surveillance and in general having their freedom of movement restricted in a variety of arbitrary ways.

On March 19, 2002, this case was reassigned from Judge Matthew F. Kennelly to Judge Harry D. Leinenweber. Shortly thereafter on March 27, 2002, the plaintiffs filed a motion to maintain class action. Judge Leinenweber granted the motion on June 28, 2002. 2002 WL 1433729 (N.D. Ill. 2002)

On May 14, 2002, the defendants filed a motion to dismiss the plaintiffs’ class action complaint. Judge Leinenweber denied the motion on July 25, 2002. 2002 WL 1732911 (N.D. Ill. 2002)

Following trial, on January 13, 2005, Judge Leinenweber granted the plaintiffs declaratory relief concerning the Special or Secure Management Status (“SMS”) used at the Joliet Treatment and Detention Facility (the “TDF”), holding it unconstitutional. SMS referred to the status and set of conditions that a patient would be placed under when determined to be a danger to himself or others. However, he denied all of the plaintiffs’ remaining claims. The court stated that while the low rates of treatment participation, progress, and release at the TDF was disappointing, it did not amount to a constitutional violation. In addition, because the SMS policy had been amended several months before trial, the court denied injunctive relief on that issue. The new SMS policy, the court held, cured the defects in the prior policy. 2005 WL 399300 (N.D. Ill. 2005)

On January 28, 2002 the plaintiffs filed a motion to reconsider. However, Judge Leinenweber denied the motion on March 25, 2005.

Finally, on July 26, 2005 Judge Leinenweber declined to award attorney’s fees or other costs to either party, directing both parties bear their own fees and costs.

Outside of an acknowledgment of receipt of sealed document #75 on January 14, 2010, there has been no activity on the docket since October 3, 2005. Therefore, it seems that the case is closed.

Matt Ramirez - 06/15/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Hospital/Health Department
Jurisdiction-wide
General
Commitment procedure
Conditions of confinement
Counseling
Failure to train
Placement in mental health facilities
Rehabilitation
Sex offender regulation
Staff (number, training, qualifications, wages)
Medical/Mental Health
Mental health care, general
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) The Illinois Department of Human Services
Plaintiff Description Individuals involuntarily detained by the Illinois Department of Human Services ("DHS") pursuant to the Sexually Violent Persons Commitment Act on behalf of themselves and all others similarly situated.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Docket(s)
1:02-cv-01456 (N.D. Ill.) 01/14/2010
MH-IL-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:04-cv-00908 (N.D. Ill.) 10/21/2014
MH-IL-0001-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:04-cv-06814 (N.D. Ill.) 10/21/2014
MH-IL-0001-9002.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 02/27/2002
MH-IL-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion to Dismiss 05/21/2002
MH-IL-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 07/01/2002 (2002 WL 1433729) (N.D. Ill.)
MH-IL-0001-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Memorandum Opinion and Order 07/26/2002 (2002 WL 1732911) (N.D. Ill.)
MH-IL-0001-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Answer and Affirmative Defenses to Class Action Complaint 09/06/2002
MH-IL-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 01/14/2005 (2005 WL 399300) (N.D. Ill.)
MH-IL-0001-0003.pdf | WESTLAW | Detail
Document Source: Westlaw
Judgment in a Civil Case 01/14/2005 (N.D. Ill.)
MH-IL-0001-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiffs' Motion to Alter or Amend Judgment 01/28/2005
MH-IL-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 03/25/2005 (N.D. Ill.)
MH-IL-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 07/26/2005 (N.D. Ill.)
MH-IL-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brown, Geraldine Soat (N.D. Ill.) [Magistrate]
MH-IL-0001-0004
Kennelly, Matthew F. (N.D. Ill.)
MH-IL-0001-0004
Leinenweber, Harry Daniel (N.D. Ill.)
MH-IL-0001-0001 | MH-IL-0001-0002 | MH-IL-0001-0003 | MH-IL-0001-0005 | MH-IL-0001-0006 | MH-IL-0001-0007 | MH-IL-0001-0008 | MH-IL-0001-0009 | MH-IL-0001-9000
Shadur, Milton Irving (N.D. Ill.)
MH-IL-0001-9002
Zagel, James Block (FISC, N.D. Ill.)
MH-IL-0001-9001
Monitors/Masters None on record
Plaintiff's Lawyers Bear, Frank Antonio (Illinois)
MH-IL-0001-9002
Cygal, Everett Joseph (Illinois)
MH-IL-0001-0004 | MH-IL-0001-0007 | MH-IL-0001-9000
Davis, Gregory M. (Illinois)
MH-IL-0001-9002
Fine, Steven H. (Illinois)
MH-IL-0001-9002
Foley, Erin Dougherty (Illinois)
MH-IL-0001-9002
Lee, John Douglas (Illinois)
MH-IL-0001-0007 | MH-IL-0001-9000
Morrison, Ian H. (Illinois)
MH-IL-0001-9002
Mullins, Michael Patrick (Illinois)
MH-IL-0001-9000
Ostrand, Ernst Henning (Illinois)
MH-IL-0001-9002
Rubenstein, Amy Michelle (Illinois)
MH-IL-0001-0007 | MH-IL-0001-9000
Schreiber, Sarah E. (Illinois)
MH-IL-0001-0007 | MH-IL-0001-9000
Varas, Christopher Theodore (Washington)
MH-IL-0001-9000
Wolf, Benjamin S. (Illinois)
MH-IL-0001-0004 | MH-IL-0001-0007 | MH-IL-0001-9000
Defendant's Lawyers Askew, Davis Revels (Illinois)
MH-IL-0001-9002
Calloway, Shirley Ruth (Illinois)
MH-IL-0001-9001
Griffin, Gary Michael (Illinois)
MH-IL-0001-9002
Keane, Alice Elizabeth (Illinois)
MH-IL-0001-9002
Maine, Meghan (Illinois)
MH-IL-0001-9002
Puiszis, Steven M. (Illinois)
MH-IL-0001-0005 | MH-IL-0001-0006 | MH-IL-0001-9000
Ramage, Andrew Michael (Illinois)
MH-IL-0001-0006 | MH-IL-0001-9000
Roberts, J. William (Illinois)
MH-IL-0001-0005 | MH-IL-0001-0006 | MH-IL-0001-9000
Shannon, Robert (Illinois)
MH-IL-0001-9000
Vernon, Stephen Devereux (Illinois)
MH-IL-0001-9002
Vlahakis, James Constantine (Illinois)
MH-IL-0001-0005 | MH-IL-0001-0006 | MH-IL-0001-9000 | MH-IL-0001-9001 | MH-IL-0001-9002
Other Lawyers None on record

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