Case: Hargett v. Baker

1:02-cv-01456 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 27, 2002

Closed Date: 2005

Clearinghouse coding complete

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 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 …

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.

Summary Authors

Matt Ramirez (6/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5227551/parties/hargett-v-baker/


Judge(s)

Brown, Geraldine Soat (Illinois)

Attorney for Plaintiff

Bear, Frank Antonio (Illinois)

Cygal, Everett Joseph (Illinois)

Attorney for Defendant

Askew, Davis Revels (Illinois)

Calloway, Shirley Ruth (Illinois)

show all people

Documents in the Clearinghouse

Document

1:02-cv-01456

Docket [PACER]

Jan. 14, 2010

Jan. 14, 2010

Docket

1:04-cv-06814

Docket [PACER]

Taylor v. Adams

Oct. 21, 2014

Oct. 21, 2014

Docket

1:04-cv-00908

Docket [PACER]

Morales v. Adams

Oct. 21, 2014

Oct. 21, 2014

Docket
1

1:02-cv-01456

Class Action Complaint

Feb. 27, 2002

Feb. 27, 2002

Complaint
11

1:02-cv-01456

Memorandum of Law in Support of Motion to Dismiss

May 21, 2002

May 21, 2002

Pleading / Motion / Brief
18

1:02-cv-01456

Memorandum Opinion and Order

July 1, 2002

July 1, 2002

Order/Opinion

2002 WL 2002

21

1:02-cv-01456

Memorandum Opinion and Order

July 26, 2002

July 26, 2002

Order/Opinion

2002 WL 2002

31

1:02-cv-01456

Answer and Affirmative Defenses to Class Action Complaint

Sept. 6, 2002

Sept. 6, 2002

Pleading / Motion / Brief
164

1:02-cv-01456

Judgment in a Civil Case

Hargett v. Adams

Jan. 14, 2005

Jan. 14, 2005

Order/Opinion
163

1:02-cv-01456

Memorandum Opinion and Order

Hargett v. Adams

Jan. 14, 2005

Jan. 14, 2005

Order/Opinion

2005 WL 2005

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5227551/hargett-v-baker/

Last updated Feb. 9, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT − Civil cover sheet − Appearance(s) of Everett Joseph Cygal as attorney(s) for plaintiffs' ( no summons(es) issued.) ( Documents: 1−1 through 1−3) (hmb) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

RECEIPT regarding payment of filing fee paid; on 2/27/02 in the amount of $ 150.00, receipt # 10618630. (hmb) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

2

ATTORNEY APPEARANCE for plaintiffs by Benjamin S. Wolf. (yp) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

SCHEDULE set on 3/10/02 by Hon. Matthew F. Kennelly : Status hearing set to 9:00am. on 4/24/02 before Judge Kennelly in Chambers, Room 1778. Parties are to review and comply with the attached standing order. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that has been or is being served on each defendant. Mailed notice (or) (Entered: 03/10/2002)

March 10, 2002

March 10, 2002

MOTION by defendant Timothy Budz to reassign based on relatedness (Attachments); Notice (Original in case file 99 cv 2861) (yap) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

MOTION by defendant Timothy Budz to reassign based on relatedness (Attachments); Notice (Original in case file 99 cv 2861) (yap) (Entered: 03/19/2002)

March 12, 2002

March 12, 2002

3

MINUTE ORDER of 3/13/02 by Hon. Harry D. Leinenweber : Defendant's motion to reassign based on relatedness is granted [0−1]. Cause to be reassigned to the calendar of Judge Harry D. Leinenweber. Defendants' to answer or othewise plead by 4/29/02. Status hearing set for 4/16/02 at 9:00 a.m. No notice (yp) (Entered: 03/19/2002)

March 13, 2002

March 13, 2002

4

REASIGNMENT ORDER of 3/19/02 This case is reassigned to the Honorable Harry D. Leinenweber from Honorable Matthew F. Kennelly pursuant to Local Rule 40.4. , Case related 1:99−cv−2861 with member cases 1:02−cv−1456. (For further detail see order.) Mailed notice (yp) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

5

MOTION by plaintiff to maintain class action ; Memorandum in support; Notice. (yp) (Entered: 04/02/2002)

March 27, 2002

March 27, 2002

6

MINUTE ORDER of 3/29/02 by Hon. Harry D. Leinenweber : Answer brief to plaintiff's motion to maintain class action [5−1] due 5/13/02. Reply to answer brief due 5/23/02. Ruling on plaintiff's motion to maintain class action set for 6/12/02 at 9:00 a.m. Mailed notice (yp) (Entered: 04/02/2002)

March 29, 2002

March 29, 2002

SCHEDULE set on 4/16/02 by Hon. Harry D. Leinenweber : Status hearing reset to April 29, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 04/19/2002)

April 16, 2002

April 16, 2002

SCHEDULE set on 4/23/02 by Hon. Harry D. Leinenweber : Status hearing reset to April 30, 2002 at 9:00 a.m. Mailed notice (wp) (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

7

AGREED MOTION by parties for an extension of time to file briefs concerning plaintiffs' motion for class certification ; Notice. (yp) (Entered: 05/20/2002)

May 6, 2002

May 6, 2002

9

MOTION by defendants to dismiss class action complaint , and motion to file oversized memorandum of law in support instanter (Attachments); Notice. (yp) (Entered: 05/22/2002)

May 14, 2002

May 14, 2002

8

MINUTE ORDER of 5/16/02 by Hon. Harry D. Leinenweber : The agreed motion for an extension of time to file briefs concerning plaintiffs' motion for class certification is granted [7−1]. Defendants to file their brief in response to plaintiffs' motion for class by 5/20/02. Plaintiffs' reply brief to be filed by 5/30/02 [5−1]. Ruling date for 6/12/02 is reset to 6/28/02 at 9:00 a.m. Mailed notice (yp) (Entered: 05/20/2002)

May 16, 2002

May 16, 2002

10

MINUTE ORDER of 5/21/02 by Hon. Harry D. Leinenweber : Defendants' motion to file oversized memorandum of law in support instanter is granted [9−2]. Plaintiffs' response to defendants' motion to dismiss class action complaint to be filed by 6/18/02 [9−1]. Defendant's reply brief due 7/9/02. Defedants' response to plaintiffs' motion for class is not due by 6/3/02 [5−1]. Plaintiffs' reply brief now due by 6/13/02. The court's oral ruling date of 6/28/02 is reset to 7/10/02 at 9:00 a.m. No notice (yp) (Entered: 05/22/2002)

May 21, 2002

May 21, 2002

11

MEMORANDUM OF LAW by defendant in support of motion to dismiss [9−1] (Attachment). (yp) (Entered: 05/22/2002)

May 21, 2002

May 21, 2002

12

RESPONSE by defendant to plaintiffs' motion for class certification (Attachments); Notice. (fce) (Entered: 06/04/2002)

June 3, 2002

June 3, 2002

14

MOTION by defendants for leave to cite to additional authority in support of motion to dismiss (Attachment); Notice. (yp) (Entered: 06/17/2002)

June 11, 2002

June 11, 2002

13

REPLY memorandum by plaintiff in support of motion to maintain class action [5−1]; Notice. (yp) (Entered: 06/13/2002)

June 12, 2002

June 12, 2002

15

MINUTE ORDER of 6/14/02 by Hon. Harry D. Leinenweber : Defendants' motion for leave to cite to additional authority in support of motion to dismiss is granted [14−1]. Palintiffs' response brief now due by 6/21/02. No notice (yp) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

16

MINUTE ORDER of 6/18/02 by Hon. Harry D. Leinenweber : The oral ruling date of 7/10/02 for Plainitff's motion for certification is stricken [5−1]. The court will rule by mail. Mailed notice (yp) Modified on 06/19/2002 (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

17

MEMORANDUM by plaintiffs in opposition to defendants'motion to dismiss [9−1] (Attachment); Notice. (yp) (Entered: 06/27/2002)

June 25, 2002

June 25, 2002

18

MINUTE ORDER of 6/28/02 by Hon. Harry D. Leinenweber : Status hearing set for 7/11/02 at 9:00 a.m. Plaintiffs' motion for class certification is granted. Entered Memorandum Opinion and Order. Mailed notice (yp)

June 28, 2002

June 28, 2002

RECAP
19

MINUTE ORDER of 7/11/02 by Hon. Harry D. Leinenweber : Status hearing held and continued to 8/21/02 at 9:00 a.m. Reply brief to the motion to dismiss now due by 7/12/02. Ruling date stricken. The court will rule by mail. No notice (cem) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

20

REPLY by defendants in support of motion to dismiss [9−1]; Notice. (gcy) (Entered: 07/16/2002)

July 12, 2002

July 12, 2002

21

MINUTE ORDER of 7/25/02 by Hon. Harry D. Leinenweber : Defendant's motion to dismiss class action complaint is denied. [9-1] Entered Memorandum Opinion and Order. Mailed notice (eav)

July 25, 2002

July 25, 2002

RECAP
22

NOTICE by defendants of motion to certify class definition [0−1]. (yp) (Entered: 08/09/2002)

Aug. 1, 2002

Aug. 1, 2002

23

MOTION by defendants to stay discovery ; Notice. (yp) (Entered: 08/09/2002)

Aug. 1, 2002

Aug. 1, 2002

24

NOTICE by defendants of motion to certify class definition [0−1]. (yp) (Entered: 08/09/2002)

Aug. 2, 2002

Aug. 2, 2002

26

MINUTE ORDER of 8/6/02 by Hon. Harry D. Leinenweber : Defendants' motion to certify class definition is granted [0−1]. The plaintiffs have agreed to delete the words "have been" from the current definition of the class contained on page four of this courts 6/28/02 memorandum opinion and order. Defendants' motion to stay discovery is withdrawn [23−1]. Mailed notice (yp) (Entered: 08/09/2002)

Aug. 6, 2002

Aug. 6, 2002

27

MOTION by defendants Linda R Baker, Mary Bass, Timothy Budz, Raymond Woods for protective order governing plaintiffs' Rule 34 request (Attachments); Notice. (yp) (Entered: 08/23/2002)

Aug. 20, 2002

Aug. 20, 2002

28

MINUTE ORDER of 8/21/02 by Hon. Harry D. Leinenweber : Defendants' motion for protective order governing plaintiffs' Rule 34 request is granted [27−1] in part and denied in part as stated on the record. Defendants' response to the motion to unconsolidate by 8/23/02. Status hearing held. (Entered Agreed Protective Order.) No notice (yp) (Entered: 08/23/2002)

Aug. 21, 2002

Aug. 21, 2002

29

ATTORNEY APPEARANCE for plaintiffs by Michael Patrick Mullins, Everett J. Cygal; Notice. (yp) (Entered: 09/05/2002)

Sept. 3, 2002

Sept. 3, 2002

30

ATTORNEY APPEARANCE for defendants Linda R Baker, Mary Bass, Timothy Budz, Raymond Woods by J William Roberts, Steven M. Puiszis, James Constantine Vlahakis, Andrew Michael Ramage. (yp) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

31

ANSWER by Linda R Baker and affirmative defenses to class action complaint [1−1]; Notice. (yp) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

SCHEDULE set on 1/6/03 by Hon. Harry D. Leinenweber : Status hearing set for January 16, 2003 at 9:00 a.m. Mailed notice (wp) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

32

MOTION by plaintiffs to compel discovery , and to extend time for fact discovery until 6/30/03 (Attachments); Notice. (air) Modified on 05/22/2003 (Entered: 03/12/2003)

March 7, 2003

March 7, 2003

44

MINUTE ORDER of 3/11/03 by Hon. Harry D. Leinenweber : Plaintiff's motion to compel discovery is granted [32−1]. Plaintiff's limited to fifteen depositions. Plaintiff's motion to extend time to 06/30/03 for fact discovery is granted [32−2]. Mailed notice (gcy) (Entered: 06/18/2003)

March 11, 2003

March 11, 2003

33

MOTION by plaintiff for leave to file additional appearance Christopher T. Varas (rmm) (Entered: 04/04/2003)

March 18, 2003

March 18, 2003

38

NOTICE by plaintiffs of motion for leave to file additional appearance Christopher T. Varas [33−1] (Attachment) (rmm) (Entered: 04/04/2003)

March 18, 2003

March 18, 2003

34

MOTION by plaintiff to compel discovery (Attachments); Notice (rmm) (Entered: 04/04/2003)

April 1, 2003

April 1, 2003

35

MOTION by defendants Timothy Budz and Raymond Woods to substitute parties pursuant to Fed.R.Civ.P.25(D) ; Notice (rmm) (Entered: 04/04/2003)

April 1, 2003

April 1, 2003

36

MINUTE ORDER of 4/3/03 by Hon. Harry D. Leinenweber : Plaintiffs' motion for leave to file additional appearance Christopher T. Varas is granted [33−1i. Defendants' motion to substitute parties pursuant to Fed.R.Civ.P.25(D) is granted [35−1]. Defendants Linda Renee Baker, Mary Bass and Travis Hinze are dismissed as parties of interest and Dr. Carol Adams and Shan Jumper are substituted as defendants. Plaintiff's motion to compel discovery is denied [34−1]. No notice (rmm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

37

ATTORNEY APPEARANCE for plaintiffs by Christopher T. Vargas (rmm) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

40

EMERGENCY MOTION by defendants' to compel pursuant to Fed.R.Civ.P.37 (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 5, 2003

May 5, 2003

39

RESPONSE by plaintiff to defendants' emergency motion to compel (Attachments); Notice (cdy) (Entered: 05/07/2003)

May 6, 2003

May 6, 2003

41

CORRECTED EMERGENCY MOTION by defendants' to compel pursuant to Fed.R.Civ.P37 (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 6, 2003

May 6, 2003

42

RESPONSE by plaintiffs' to defendants' emergency motion to compel [41−1] (Attachments); Notice. (hmb) (Entered: 05/14/2003)

May 6, 2003

May 6, 2003

45

MINUTE ORDER of 6/18/03 by Hon. Harry D. Leinenweber : The court's minute order dated 3/11/03 is corrected to read as follows: plaintiffs' motion to compel discovery is granted in part and denied in part, as indicated in open court. Plaintiffs' limited to 15 depositions. Plaintiffs' motion to extend time to 6/30/03 for fact discovery is granted. Mailed notice (hmb) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

SCHEDULE set on 6/18/03 by Hon. Harry D. Leinenweber : Status hearing set for July 16, 2003 at 9:00 a.m. No notice (wp) (Entered: 06/23/2003)

June 18, 2003

June 18, 2003

46

MOTION by Timothy Budz, Raymond Woods, Carol Adams, Shan Jumper to dismiss Jeffery Hargett as a class representative (Attachments); Notice (las) (Entered: 07/18/2003)

July 14, 2003

July 14, 2003

SCHEDULE set on 7/16/03 by Hon. Harry D. Leinenweber : Status hearing and continued to December 10, 2003 at 9:00 a.m. Plaintiff to complete expert reports by September 16, 2003. Defendants' response to reports due October 31, 2003. Plaintiff's rebuttal due December 1, 2003. No notice (wp) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

47

MINUTE ORDER of 7/17/03 by Hon. Harry D. Leinenweber : Status hearing reset for 9/23/03 at 9:00 a.m. Defendants' motion to dismiss Jeffery Hargett as a class representative is withdrawn without prejudice [46−1]. No notice (las) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

48

MOTION by Carol Adams, Timothy Budz, Raymond Wood, Shan Jumper for protective order (Attachments); Memorandum in support; Notice (ar) (Entered: 08/29/2003)

Aug. 22, 2003

Aug. 22, 2003

49

AMENDM MOTION by Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper for protective order [48−1] (Attachments); Notice (ar) (Entered: 08/29/2003)

Aug. 25, 2003

Aug. 25, 2003

50

CROSS−MOTION by plaintiffs for a declaration of rights regarding expert witness and for other relief ; Notice (ar) (Entered: 08/29/2003)

Aug. 26, 2003

Aug. 26, 2003

51

MEMORANDUM of law by plaintiffs in support of their cross−motion for a declaration of rights regarding expert witness and for other relief (Attachment) [50−1] [50−2] (1 vol.) (ar) (Entered: 08/29/2003)

Aug. 26, 2003

Aug. 26, 2003

52

MINUTE ORDER of 8/27/03 by Hon. Harry D. Leinenweber : Defendants' amended motion for protective order is granted [48−1] [49−1]. Plaintiffs' cross−motion for a declaration of rights regarding expert witness and for other relief is denied [50−1] [50−2]. No notice (ar) (Entered: 08/29/2003)

Aug. 27, 2003

Aug. 27, 2003

53

ATTORNEY APPEARANCE for plaintiffs by Amy Michelle Rubenstein (ar) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

55

MOTION by plaintiffs to reset schedule Memorandum in support; Notice (hp) (Entered: 09/16/2003)

Sept. 4, 2003

Sept. 4, 2003

54

RESPONSE by defendants Carol Adams, Timothy Budz, Raymond Wood, and Shan Jumper to plaintiffs' motion to reset schedule (Attachments); Notice (ar) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

56

MINUTE ORDER of 9/9/03 by Hon. Harry D. Leinenweber : Status hearing re−set for 11/13/03 at 9:00 a.m. Plaintiffs' motion to reset schedule is granted [55−1] in part and denied in part. Plaintiffs' report due by 10/09/03. All other reports due 11/12/03. No notice (hp) (Entered: 09/16/2003)

Sept. 9, 2003

Sept. 9, 2003

58

MOTION by plaintiffs to compel the production of master files (Attachments); Notice (hp) Modified on 09/22/2003 (Entered: 09/19/2003)

Sept. 15, 2003

Sept. 15, 2003

57

RESPONSE by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to plaintiffs' "motion to compel the Production of Master Files" (Attachments). (hp) (Entered: 09/19/2003)

Sept. 16, 2003

Sept. 16, 2003

60

MINUTE ORDER of 9/17/03 by Hon. Harry D. Leinenweber : Under the conditions set forth in open court, plaintiffs' motion to compel the production of master files is granted [58−1] in part and denied in part. No notice (hp) (Entered: 09/22/2003)

Sept. 17, 2003

Sept. 17, 2003

61

MOTION by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to reset date for defendants' expert disclosures ; Notice (hp) (Entered: 09/25/2003)

Sept. 23, 2003

Sept. 23, 2003

62

JOINT MOTION by parties to reset schedule of Dr. Jeffrey Metzner and Mr. Steve Martin (hp) (Entered: 09/25/2003)

Sept. 23, 2003

Sept. 23, 2003

63

MINUTE ORDER of 9/23/03 by Hon. Harry D. Leinenweber : The joint motion to reset schedule is granted. [62−1] Defendants motion to reset date for defendants' expert disclosures is granted. [61−1] Parties to submit order setting forth schedule. No notice (hp) (Entered: 09/25/2003)

Sept. 23, 2003

Sept. 23, 2003

64

EMERGENCY MOTION by plaintiffs regarding their expert's right to interview staff (Attachments) (hp) (Entered: 10/03/2003)

Oct. 1, 2003

Oct. 1, 2003

65

MINUTE ORDER of 10/2/03 by Hon. Harry D. Leinenweber : Plaintiffs' emergency motion regarding their expert's right to interview staff is granted in part and denied in part. [64−1] No notice (hp) (Entered: 10/03/2003)

Oct. 2, 2003

Oct. 2, 2003

66

EMERGENCY MOTION by defendants for protective order related to plaintiffs' proposed dissemination of Dr. Berlin's Rule 26 report (Attachments); Notice (hp) (Entered: 10/31/2003)

Oct. 20, 2003

Oct. 20, 2003

75

EMERGENCY MOTION by defendants for protective order related to plaintiffs' proposed dissimination of Dr. Berlin's Rule 26 Report. (RESTRICTED) (hp) (Entered: 01/02/2004)

Oct. 20, 2003

Oct. 20, 2003

67

LETTER to Judge Leinenweber from defendants counsel James C. Vlahakis dated 10/21/03. (hp) (Entered: 10/31/2003)

Oct. 21, 2003

Oct. 21, 2003

69

MINUTE ORDER of 10/21/03 by Hon. Harry D. Leinenweber : Filed defendant's motion for a protective order. [66−1] Evidentiary hearing on defendant's motion for protective order set for 11/17/03 at 10:00 a.m. No notice (hp) (Entered: 10/31/2003)

Oct. 21, 2003

Oct. 21, 2003

68

LETTER to Judge Leineneber from defendants counsel James C. Vlahakis dated 10/22/03. (hp) (Entered: 10/31/2003)

Oct. 22, 2003

Oct. 22, 2003

70

EMERGENCY MOTION by plaintiffs to remove the restraint on their counsels' speech and lift the protective order entered October 21, 2003 ; Memorandum in support; Notice (hp) (Entered: 11/03/2003)

Oct. 29, 2003

Oct. 29, 2003

71

MINUTE ORDER of 10/30/03 by Hon. Harry D. Leinenweber : Plaintiffs' emergency motion to remove the restraint on their counsels' speech [70−1] and lift the protective order entered October 21, 2003 is granted. [70−2] Evidentiary hearing is stricken. [66−1] No notice (hp) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

SCHEDULE set on 11/4/03 by Hon. Harry D. Leinenweber : Status hearing reset to November 20, 2003 at 9:00 a.m. Mailed notice (wp) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

SCHEDULE set on 11/20/03 by Hon. Harry D. Leinenweber : Status hearing held and continued to February 5, 2004 at 9:00 a.m. No notice (wp) (Entered: 11/25/2003)

Nov. 20, 2003

Nov. 20, 2003

73

MOTION by defendants Carol Adams, Timothy Budz, Raymond Woods, Shan Jumper to reset expert discovery schedule ; Notice (hp) (Entered: 12/18/2003)

Dec. 12, 2003

Dec. 12, 2003

72

RESPONSE by plaintiffs to defendants' second motion to reset the expert discovery schedule (Attachment) (hp) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

74

MINUTE ORDER of 12/16/03 by Hon. Harry D. Leinenweber : Status hearing re−set for 06/01/04 at 9:00 a.m. Daubert briefs to be filed by 06/01/04. Under the conditions set forth in open court, defendant's motion to reset expert discovery schedule is granted. [73−1] No notice (hp) (Entered: 12/18/2003)

Dec. 16, 2003

Dec. 16, 2003

77

MOTION by plaintiffs for protective order (Attachments) (eav) (Entered: 01/16/2004)

Jan. 12, 2004

Jan. 12, 2004

76

RESPONSE by defendants Carol Adams, Raymond Woods, Shan Jumper to plaintiffs' "motion for protective order" [66−1]; (Attachment); Notice (hp) (Entered: 01/15/2004)

Jan. 14, 2004

Jan. 14, 2004

78

MINUTE ORDER of 1/15/04 by Hon. Harry D. Leinenweber : (Entered Order Resetting Expert Discovery Disclosures. No notice (eav) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

79

MINUTE ORDER of 1/15/04 by Hon. Harry D. Leinenweber : Plaintiffs' motion for protective order is denied. [77−1] No notice (eav) (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

80

MOTION by defendants Timothy Budz, Raymond Woods, Shan Jumper to consolidate and stay case No. 03 C 2009 in relation to Hargett v. Baker, 02 C 1456 and Tiney−Bey v. Peters, 99 C 2861 (Attachments); Notice (hp) (Entered: 02/03/2004)

Jan. 21, 2004

Jan. 21, 2004

81

MINUTE ORDER of 1/28/04 by Hon. Harry D. Leinenweber : Defendants' motion to consolidate and stay case No. 03 C 2009 to 02 C 1456 Hargett vs. Baker is denied, but, granted as to 99 C 2861 Tiney−Bey vs. Peters. [80−1] No notice (hp) (Entered: 02/03/2004)

Jan. 28, 2004

Jan. 28, 2004

82

UNOPPOSED MOTION by defendants Shan Jumper, Carol Adams, Raymond Woods and Timothy Budz to reset expert discovery schedule (Attachments); Notice. (jmm) (Entered: 02/13/2004)

Feb. 11, 2004

Feb. 11, 2004

83

MINUTE ORDER of 2/12/04 by Hon. Harry D. Leinenweber: Defendant's unopposed motion to reset expert discovery schedule is granted [82−1]. No notice (jmm) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

84

MOTION by defendants to extend disclosure of Dr. Janice Marques (Attachment); Notice (hp) (Entered: 04/05/2004)

March 29, 2004

March 29, 2004

85

MINUTE ORDER of 4/1/04 by Hon. Harry D. Leinenweber : Status hearing set for 04/08/04 at 9:00 a.m. Defendants' motion to extend disclosure of Dr. Janice Marques is granted. [84−1] Mailed notice (hp) (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

SCHEDULE set on 4/8/04 by Hon. Harry D. Leinenweber : Status hearing held. Bench trial set for September 20, 2004 at 10:00 a.m. No notice (wp) (Entered: 04/13/2004)

April 8, 2004

April 8, 2004

MOTION by William Stevens in opposition to the defendant's motion to reassign, consolidate and stay case no, 04 C 0274 based upon relatedness to Tiney−Be v. Peters, 99 C 2861 and Hargett v. Adams, 02 C 1456 ; Notice (Original in 99 C 2861) (las) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

86

MOTION by plaintiff William Stevens in opposition to the defendant's motion to reassign, consolidate and stay case no. 04 C 0274 based upon relatedness to Tiney−Bey v. Peters, 99 C 2861 and Hargett v. Adams, 02 C 1456 ; Notice. (hp) (Entered: 05/06/2004)

May 4, 2004

May 4, 2004

MOTION by William Stevens in opposition to defendant's motion to dismiss pursuant to 12(b)(6) ; Notice (Original in 99 C 2861) (las) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

MOTION IN OPPOSITION by William Stevens to defendant's motion to dismiss pursuant to 12(b)(6); Notice of motion, Certificate of Service/Service List, and Correspondence (Original in 99 C 2861) (eav) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

87

MOTION by defendant William Stevens in opposition to defendant's motion to dismiss pursuant to 12(b)(6) ; Notice. (hp) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

88

MOTION by defendants to extend time to file Daubert motions ; Notice (ar) (Entered: 06/02/2004)

May 27, 2004

May 27, 2004

Case Details

State / Territory: Illinois

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 27, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Illinois Department of Human Services , State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Counseling

Failure to train

Rehabilitation

Sex offender regulation

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Placement in mental health facilities

Disability and Disability Rights:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run