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Case Name Phipps v. Sheriff of Cook Co. JC-IL-0044
Docket / Court 07-cv-3889 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Case Summary
On July 11, 2007, paraplegic residents of Illinois who use wheelchairs for mobility, filed a civil action arising under Section 202 of the Americans with Disabilities Act, 42 U.S.C. §12132, Section 504 of the Rehabilitation Act, 29 U.S.C. §794(a) and 42 U.S.C. §1983 against the Sheriff of Cook ... read more >
On July 11, 2007, paraplegic residents of Illinois who use wheelchairs for mobility, filed a civil action arising under Section 202 of the Americans with Disabilities Act, 42 U.S.C. §12132, Section 504 of the Rehabilitation Act, 29 U.S.C. §794(a) and 42 U.S.C. §1983 against the Sheriff of Cook County and Cook County, Illinois in the United States District Court for the Northern District of Illinois (Judge Elaine Bucklo). The plaintiffs, represented by private counsel, asked the court for a trial by jury, and damages. They claimed discrimination because of disability while assigned to the Residential Treatment Unit ("RTU") of the Division Eight and the hospital wing of Division Eight, Cermak Hospital, during the time they were held in custody of the Cook County Jail.

Plaintiffs claimed the RTU of Division Eight failed to provide appropriate shower facilities, toilet facilities, transportation and beds for persons who use wheelchairs. All of the plaintiffs claimed they suffered physical injuries, were subjected to emotional distress, and were deprived of equal protection law, as secured by the Fourteenth Amendment to the Constitution of the United States, and were discriminated against in violation of the Americans with Disabilities Act, 42 U.S.C. §12132 and Section 504 of the Rehabilitation Act. In the Amended Complaint, 2007 U.S. Dist. Ct. Pleadings LEXIS 7450.

Plaintffs sought certification of a class to include all former and current mobility impaired inmates at the Cook County Department of Corrections who on or after July 12, 2005, were subjected to discrimination because of their disabilities in violation of §202 of the American with Disabilities Act of 1990 and §504 of the Rehabilitation Act of 1973 because the defendants failed to provide appropriate shower facilities, appropriate toilet facilities, and appropriate beds for persons who use wheelchairs. The plaintiffs sought monetary relief.

On March 26, 2008, Judge Bucklo certified plaintiffs' proposed class. 249 F.R.D. 298 (N.D. Ill. 2008).

On November 25, 2009, Judge Bucklo, denied all of the parties' motions and cross-motions for summary judgment. 681 F. Supp. 2d 899 (N.D. Ill. 2009)

On September 17, 2010, Judge Bucklo approved a proposed class settlement which provided that the defendant Cook County would, within 30 days, pay incentive awards of $25,000 each to two of the plaintiffs, $15,000 to a third plaintiff, and $10,000 to the fourth plaintiff. Defendant Cook County also agreed to pay attorneys' fees and costs of $700,000 and $35,000 respectively.

The court reserved jurisdiction to enforce the terms of the settlement agreement until September 1, 2011.

Denise Heberle - 08/03/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Bathing and hygiene
Totality of conditions
Medical/Mental Health
Skin Infections
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Sheriff of Cook County
Plaintiff Description Prisoners held in the Cermak Hospital, operated by Cook County, who rely on wheelchairs for mobility.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - 2011
Case Closing Year 2010
Case Ongoing No
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)
07-cv-3889 (N.D. Ill.) 07/17/2007
JC-IL-0044-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Phipps v. Sheriff of Cook County (Complaint) 07/11/2007
JC-IL-0044-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Amended Complaint) 07/12/2007 (2007 U.S.Dist.LEXIS 7450)
JC-IL-0044-0020.pdf | LEXIS | Detail
Document Source: LexisNexis
Phipps v. Sheriff of Cook County (Defendants' Answer to Plaintiffs' Amended Complaint) 09/14/2007 (2007 WL 5037638)
JC-IL-0044-0018.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Motion to Certify Case as a Class Action) 10/24/2007 (2007 WL 5037641)
JC-IL-0044-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Reply Memorandum in Support of Motion for Class Certification 02/04/2008 (2008 WL 850095)
JC-IL-0044-0019.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Certification of Plaintiff Class) 03/26/2008 (249 F.R.D. 298) (N.D. Ill.)
JC-IL-0044-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Phipps v. Sheriff of Cook County (Defendants' Motion to Strike Plaintiffs' Hippa Forms) 10/02/2008 (2008 WL 4546319)
JC-IL-0044-0008.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Plaintiffs' Renewed Motion for Entry of a Qualified Protective Order) 12/10/2008 (2008 WL 5271894)
JC-IL-0044-0009.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Motion for Preliminary Approval of Class Action Settlement) 06/24/2009 (2010 WL 2642863)
JC-IL-0044-0012.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Plaintiffs' Motion for Summary Judgment on Liability) 07/30/2009 (2009 WL 1916687)
JC-IL-0044-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Sheriff's Memorandum of Law in Support of Motion for Summary Judgment) 07/30/2009 (2009 WL 1916685)
JC-IL-0044-0011.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Joint Reply in Support of Defendants' Motion for Summary Judgment) 08/20/2009 (2009 WL 2704004)
JC-IL-0044-0016.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Plaintiffs' Reply Memorandum in Support of Motion for Summary Judgment) 08/20/2009 (2009 WL 2704005)
JC-IL-0044-0017.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Denial of Motion for Reconsideration) 02/19/2010 (681 F.Supp.2d 899) (N.D. Ill.)
JC-IL-0044-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Phipps v. Sheriff of Cook County (Defendants' Joint Emergency Motion for Decertification) 03/16/2010 (2010 WL 1189525)
JC-IL-0044-0015.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Defendants' Reply to Plaintiffs' Memo in Opposition to Decertification) 03/31/2010 (2010 WL 1423924)
JC-IL-0044-0014.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Plaintiffs' Supplemental Submission) 04/29/2010 (2010 WL 1822032)
JC-IL-0044-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Settlement Agreement) 09/16/2010 (2010 WL 3740681)
JC-IL-0044-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Phipps v. Sheriff of Cook County (Settlement) 09/17/2010
JC-IL-0044-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bucklo, Elaine E. (N.D. Ill.) [Magistrate]
JC-IL-0044-0001 | JC-IL-0044-0002 | JC-IL-0044-0003 | JC-IL-0044-0005 | JC-IL-0044-0006 | JC-IL-0044-0007 | JC-IL-0044-0008 | JC-IL-0044-0009 | JC-IL-0044-0010 | JC-IL-0044-0011 | JC-IL-0044-0012 | JC-IL-0044-0013 | JC-IL-0044-0014 | JC-IL-0044-0015 | JC-IL-0044-0016 | JC-IL-0044-0017 | JC-IL-0044-0018 | JC-IL-0044-0019 | JC-IL-0044-9000
Monitors/Masters None on record
Plaintiff's Lawyers Flaxman, Kenneth N. (Illinois)
JC-IL-0044-0006
Morrisey, Thomas G. (Illinois)
JC-IL-0044-0006
Defendant's Lawyers Gallagher, Daniel Francis (Illinois)
JC-IL-0044-0006
McClellan, Mary (Illinois)
JC-IL-0044-0006
Other Lawyers None on record

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