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 within 24 hours 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).
Plaintiffs moved for summary judgment on July 2, 2012, and defendants moved to decertify the previously certified class on July 5, 2012. Defendants filed a cross-motion for summary judgment on August 6, 2012. After several hearings on the motion and supplemental briefing, the court denied the defendants' motion to decertify the class on March 31, 2016, concluding that there were no material changes in circumstance or the law requiring decertification. 2016 WL 1270400. On April 17, 2018, the court denied a motion by defendants to bar the testimony of four of plaintiff's expert witnesses. 2018 WL 1811330. The cross motions for summary judgment are still pending as of November 12, 2018.
Jessica Kincaid - 03/29/2014
Elizabeth Heise - 11/12/2018
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