Case: R.J. v. Bishop

1:12-cv-07289 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 12, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 12, 2012, youth confined in facilities operated by the Illinois Department of Juvenile Justice (IDJJ) filed this class-action lawsuit in the U.S. District Court against the IDJJ. The plaintiffs, represented by counsel from the Roger Baldwin Foundation of the ACLU, sought declaratory and injunctive relief, claiming that systemic IDJJ conditions, services, and treatment violated the Due Process Clause of the Fourteenth Amendment and the Individuals with Disabilities Education Act. Th…

On September 12, 2012, youth confined in facilities operated by the Illinois Department of Juvenile Justice (IDJJ) filed this class-action lawsuit in the U.S. District Court against the IDJJ. The plaintiffs, represented by counsel from the Roger Baldwin Foundation of the ACLU, sought declaratory and injunctive relief, claiming that systemic IDJJ conditions, services, and treatment violated the Due Process Clause of the Fourteenth Amendment and the Individuals with Disabilities Education Act. The plaintiffs alleged that the IDJJ:

  • Failed to provide youth with minimally adequate education and mental health;
  • Failed to protect youth;
  • Subjected youth to improper and excessive room confinement; and
  • Held youth beyond their release dates after failing to secure appropriate community placement.

In October 2012, Judge Matthew F. Kennelly certified a plaintiff class consisting of all youth confined by the IDJJ, and a sub-class consisting of all members who have special education needs.

In December 2012, the District Court approved a consent decree and appointed three experts to investigate IDJJ conditions and services and report their findings and recommendations. In September 2013, experts filed reports, finding inadequate education and mental health services, excessive solitary confinement, and other deficiencies.

Under the terms of the consent decree, the parties jointly submitted a proposed remedial plan on March 14, 2014, followed by a revised plan on April 4, 2014. The District Court approved the remedial plan on April 7, 2014, obligating the IDJJ to implement the plan, and the ACLU and court-appointed experts to monitor and enforce the plan.

Beginning in July 2014, the parties and court-appointed monitors negotiated numerous changes to IDJJ policy in such areas as special education, individualized mental health services, and protection of LGBT youth. The District Court approved. On April 24, 2015, the District Court approved a new confinement policy that:

  • Completely prohibited punitive isolation;
  • Narrowly limited non-punitive isolation for purposes of safety;
  • Guaranteed that youths placed in non-punitive isolation will continue to receive ordinary education and mental health services; and
  • Mandated that youth confined for 24 hours or longer be allowed out of their rooms for at least 8 hours each day.

The consent decree called for yearly reporting by monitors on the defendants' progress until all IDJJ facilities showed substantial compliance with the decree for a period of at least one year. In addition, the court awarded the plaintiffs $502,666 in attorneys' fees and costs as of April 7, 2014.

On October 30, 2015, the parties filed a joint status report. The monitor-authored report commended the IDJJ for progress on drafting implementation of new procedures, but also highlighted areas of continued need for improvement. The report pointed to a lack of sufficient educational and medical personnel, and questioned whether new programs purporting to replace excessive confinement measures were in fact still forms of excessive confinement. On November 5, 2015, Judge Kennelly issued a supplemental order dictating the required ratios of mental health staff to classes of confined youth delineated by the severity of their condition. The order gave the IDJJ 120 days to comply. On May 10, 2016, following another status update from the parties, the court again issued a supplemental order to comply with staffing ratios for mental health professionals. The IDJJ had apparently made some effort to comply with the required ratios but had not yet fully complied. The court again gave the IDJJ 120 days to comply.

On June 30, 2016, the court awarded additional costs and attorneys' fees for the plaintiffs totaling $197,500. These fees covered the period between April 2014 and April 2015.

On December 12, 2016, the parties filed yet another status report. The IDJJ had still not fully complied with the consent agreement's educational program requirement. The IDJJ cited security issues at its facilities that prevented regular classes from being held, but maintained it had complied with hiring requirements for additional educational and mental health staff. On February 16, 2017, Judge Kennelly issued an order requiring additional status reporting by IDJJ through 2017.

On July 27, 2016 the plaintiffs filed a motion to compel compliance, alleging that some IDJJ facilities were violating elements of the consent agreement related to confinement and facility conditions. The report alleged that facility staff retaliated against residents for disorderly behavior by filing charges against them at the district attorney's office. This violated the IDJJ's agreement not to file criminal charges or use punitive confinement in response to disorderly behavior by residents at its facilities. The motion sought an injunction against this practice. On December 13, 2017, the parties field an amended consent decree requiring that the IDJJ notify the plaintiffs of any criminal prosecutions against facility residents. The amended decree provided for continued supervision subject to yearly reporting by monitors until the IDJJ complied with all terms of the agreement.

Status reports consistently demonstrated a lack of compliance by the IDJJ. After a status hearing on February 11, 2019, Judge Kennelly ordered the parties to confer and revise the remedial plan to address the shortcomings. Specifically, parties need to address placement of IDJJ youth in psychiatric institutions when needed, as well as arrangements for youth that have acute mental health needs short of hospitalization. The parties filed the amended remedial plan and Judge Kennelly approved it on March 28, 2019. Monitoring continued from there, with periodic adjustments of policy.

October 2019 monitors' reports had found that two IDJJ facilities were still not in compliance with the remedial plan's educational staffing requirement and that another facility was not in compliance with a provision of the remedial plan requiring each facility to have a chief mental health administrator. The plaintiffs moved for an order to force compliance with these requirements. The court granted the plaintiff’s motion on August 24, 2020, ordering the IDJJ to fill any teaching vacancies at its St. Charles and Chicago facilities to comply with the student-to teacher ratios for general and special education established in the remedial plan and hire for certain positions by October 23, 2020, update its hiring policy, and propose a salary schedule on par with other teaching positions in the region. Judge Kennelly additionally wrote that if the defendant failed to implement these changes, the plaintiffs could file a motion for an order requiring compensatory education.

The monitoring reports continued, and on December 21, 2020, the parties moves to modify the remedial plan. The changes would strike a position that had been established to act as a liaison between the youth in confinement and facility staff, as the new confinement policy and the lack of children in confinement made the position unnecessary. Accordingly, on January 28, 2021, the court signed a Second Amended Remedial Plan to enact this change and also to modify the Treatment Unit Administrator provision.

As of September 7, 2021, the case is ongoing.

Summary Authors

Jessica Kincaid (3/28/2014)

Robert Lake (6/5/2015)

Nathaniel Flack (11/1/2018)

Alex Moody (4/20/2020)

Lily Sawyer-Kaplan (9/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6293180/parties/rj-v-jones/


Judge(s)
Attorney for Plaintiff

Bain, Allyson M. (Illinois)

Bennett, Khadine Marie (Illinois)

Bennett, Camille E. (Illinois)

Brown, Ruth Z. (Illinois)

Attorney for Defendant

Beltran, Deborah Morgan (Illinois)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:12-cv-07289

Docket [PACER]

R.J. v. Jones

Aug. 13, 2021

Aug. 13, 2021

Docket
1

1:12-cv-07289

Class Action Complaint

Sept. 12, 2012

Sept. 12, 2012

Complaint
20

1:12-cv-07289

Order Certifying Class and Preliminarily Approving Proposed Consent Decree

Oct. 2, 2012

Oct. 2, 2012

Order/Opinion
33

1:12-cv-07289

Consent Decree

Dec. 6, 2012

Dec. 6, 2012

Order/Opinion
51

1:12-cv-07289

Joint Submission of Expert Reports

Sept. 23, 2013

Sept. 23, 2013

Monitor/Expert/Receiver Report
73

1:12-cv-07289

Remedial Plan

R.J. v. Jones

April 7, 2014

April 7, 2014

Order/Opinion
80

1:12-cv-07289

Defendant's Submission of Policies Pursuant to Paragraph I (3) of the Remedial Plan

R.J. v. Jones

July 7, 2014

July 7, 2014

Pleading / Motion / Brief
84

1:12-cv-07289

Supplemental Order

R.J. v. Jones

July 17, 2014

July 17, 2014

Order/Opinion
85

1:12-cv-07289

Defendant's Supplement to July 7, 2014 Submission of Policies Pursuant to Paragraph I (3) of the Remedial Plan

R.J. v. Jones

July 29, 2014

July 29, 2014

Pleading / Motion / Brief
86

1:12-cv-07289

Notification of Docket Entry

R.J. v. Jones

July 31, 2014

July 31, 2014

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6293180/rj-v-jones/

Last updated March 13, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Arthur D. Bishop, in his official capacity as Director of the Illinois Department of Juvenile Justice filed by R. J., D. G., D. F., B. W., M. D.; Filing fee $ 350, receipt number 0752-7542270.(Schwartz, Adam) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
2

CIVIL Cover Sheet (Schwartz, Adam) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
3

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Adam D. Schwartz (Schwartz, Adam) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
4

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Maja C. Eaton (Eaton, Maja) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
5

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Kevin M Fee, Jr (Fee, Kevin) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
6

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Joseph Ryan Dosch (Dosch, Joseph) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
7

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Harvey Michael Grossman (Grossman, Harvey) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
8

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Benjamin S. Wolf (Wolf, Benjamin) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
9

ATTORNEY Appearance for Defendant Arthur D Bishop by Michael T. Dierkes (Dierkes, Michael) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Morton Denlow. (jn, )

Sept. 12, 2012

Sept. 12, 2012

PACER
10

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W.Unopposed Motion To Appoint A Next Friend (Attachments: # 1 Exhibit 1)(Schwartz, Adam) (Entered: 09/12/2012)

1 Exhibit 1

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Sept. 12, 2012

Sept. 12, 2012

PACER
11

NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 10 before Honorable Matthew F. Kennelly on 9/19/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
12

MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to certify class Joint Motion For Class Certification And Approval And Entry Of Consent Decree (Attachments: # 1 Exhibit 1 - Proposed Consent Decree, # 2 Exhibit 2 - Legal Notice, # 3 Text of Proposed Order)(Schwartz, Adam) (Entered: 09/12/2012)

1 Exhibit 1 - Proposed Consent Decree

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2 Exhibit 2 - Legal Notice

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3 Text of Proposed Order

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Sept. 12, 2012

Sept. 12, 2012

PACER
13

MEMORANDUM by Arthur D Bishop, M. D., D. F., D. G., R. J., B. W. in support of motion to certify class, 12 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Schwartz, Adam) (Entered: 09/12/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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Sept. 12, 2012

Sept. 12, 2012

PACER
14

NOTICE of Motion by Adam D. Schwartz for presentment of motion to certify class, 12 before Honorable Matthew F. Kennelly on 9/19/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
15

ATTORNEY Appearance for Defendant Arthur D Bishop by Marni M. Malowitz (Malowitz, Marni) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
16

MINUTE entry before Honorable Matthew F. Kennelly: Hearing held on motion for appointment of next friend ( 10 ). Motion is granted. Motion for class certification is entered and continued to 9/26/2012 at 9:30 AM. ( 12 ). Mailed notice. (ea, ) (Entered: 09/20/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
17

MINUTE entry before Honorable Matthew F. Kennelly: Hearing held on motion for class certification ( 12 ). Motion is granted. Motion for approval is granted ( 12 ). Objections to the class certification are due 11/15/12 and responses to objections are due 11/19/12. Fairness hearing is set for 12/6/2012 at 9:30 a.m. Mailed notice. (ea, ) (Entered: 09/27/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
18

ORDER CERTIFYING CLASS AND PRELIMINARILY APPROVING PROPOSED CONSENT DECREE signed by the Honorable Matthew F. Kennelly on 10/2/12. (mk) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
19

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Ruth Z. Brown (Brown, Ruth) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
20

(Corrected) ORDER CERTIFYING CLASS AND PRELIMINARILY APPROVING PROPOSED CONSENT DECREE signed by the Honorable Matthew F. Kennelly on 10/2/12. (mk) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
21

MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to appoint expert (Attachments: # 1 Exhibit Exhibits 1-4)(Schwartz, Adam) (Entered: 11/19/2012)

1 Exhibit Exhibits 1-4

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Nov. 19, 2012

Nov. 19, 2012

PACER
22

NOTICE of Motion by Adam D. Schwartz for presentment of motion to appoint expert 21 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
23

MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W., Service List to amend/correct proposed consent decree (#12-1) (Attachments: # 1 Exhibit 1-3)(Schwartz, Adam) (Entered: 11/19/2012)

1 Exhibit 1-3

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Nov. 19, 2012

Nov. 19, 2012

PACER
24

NOTICE of Motion by Adam D. Schwartz for presentment of motion to amend/correct 23 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
25

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W.scheduling order on attorney fees, costs and expenses (Schwartz, Adam) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
26

NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 25 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
27

Joint RESPONSE to Objection to Proposed Consent Decree by Arthur D Bishop, M. D., D. F., D. G., R. J., Service List, B. W. (Attachments: # 1 Exhibit 1-2)(Schwartz, Adam) (Modified by Clerks Office.) Modified on 11/20/2012 (ea, ). (Entered: 11/19/2012)

1 Exhibit 1-2

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Nov. 19, 2012

Nov. 19, 2012

PACER
28

EXHIBIT by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W., Service List (refiled exhibits to correct damaged pdf file 27-1) regarding MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to appoint expert 21 (Schwartz, Adam) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
29

TRANSCRIPT OF PROCEEDINGS held on 9/19/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/21/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Brennan, Laura) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
30

TRANSCRIPT OF PROCEEDINGS held on 9/26/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/21/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Brennan, Laura) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
31

MINUTE entry before Honorable Matthew F. Kennelly: The Court herewith adds to the record a letter regarding the proposed consent decree received today from the director of the Northwestern Law School Children and Family Justice Center (attached to this entry). Counsel should be prepared to comment on this letter at the 12/6/12 hearing. (Attachments: # 1 Appendix) (mk) (Entered: 12/05/2012)

1 Appendix

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Dec. 5, 2012

Dec. 5, 2012

PACER
32

MINUTE entry before Honorable Matthew F. Kennelly: Fairness hearing held. Motion to correct proposed consent decree is granted (23). Motion for scheduling order on attorneys' fees is granted (25). Enter Consent Decree as approved by the Court. Status hearing set for 2/13/2013 at 9:30 AM. Mailed notice. (ea, ) (Entered: 12/07/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
33

CONSENT ORDER, Signed by the Honorable Matthew F. Kennelly on 12/6/2012.(ea, ) (Entered: 12/07/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
34

MINUTE entry before Honorable Matthew F. Kennelly: Minute order of 12/6/2012 is amended to reflect that the joint motion for Court appointment of experts is granted 21 . (or, ) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
35

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED (Attachments: # 1 Exhibit 1 - Proposed order)(Schwartz, Adam) (Entered: 02/08/2013)

1 Exhibit 1 - Proposed order

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Feb. 8, 2013

Feb. 8, 2013

PACER
36

NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 35 before Honorable Matthew F. Kennelly on 2/13/2013 at 09:30 AM. (Schwartz, Adam) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
37

MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held and continued to 2/27/2013 at 9:30 AM. Motion for attorney fees is entered and continued to status hearing date 35 . Supplement to motion is to be filed by 2/20/2013. (or, ) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
38

STATEMENT by Plaintiffs M. D., D. F., D. G., R. J., B. W.in Support of MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED 35 (Attachments: # 1 Exhibit 1 - Judiciary's FY11 Congressional Budget Summary)(Schwartz, Adam) (Entered: 02/20/2013)

1 Exhibit 1 - Judiciary's FY11 Congressional Budget Summary

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Feb. 20, 2013

Feb. 20, 2013

PACER
39

MINUTE entry before Honorable Matthew F. Kennelly:Motion for attorney fees 35 is granted. Status hearing held and continued to 8/6/2013 at 09:30 AM. (or, ) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
40

TRANSCRIPT OF PROCEEDINGS held on 2/27/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Kathleen M. Fennell, Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/9/2013. Redacted Transcript Deadline set for 5/20/2013. Release of Transcript Restriction set for 7/17/2013. (Fennell, Kathleen) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
41

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for expert investigation (Joint Motion) (Schwartz, Adam) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
42

NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 41 before Honorable Matthew F. Kennelly on 6/19/2013 at 09:30 AM. (Schwartz, Adam) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
43

MINUTE entry before Honorable Matthew F. Kennelly: Joint motion for extension of time is granted 41 . The due date for the court appointed experts to file their reports is extended to 9/9/13. The motion hearing date of 6/19/13 is vacated. Mailed notice. (ea, ) (Entered: 06/19/2013)

June 18, 2013

June 18, 2013

PACER
44

MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held on 8/6/2013 and continued to 9/16/2013 at 09:30 AM.Mailed notice (pjg, ) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
45

TRANSCRIPT OF PROCEEDINGS held on 2/13/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/12/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/20/2013. (Brennan, Laura) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
46

TRANSCRIPT OF PROCEEDINGS held on 12/6/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (Brennan, Laura) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
47

MOTION by Defendant Arthur D Bishop for extension of time to file expert report and reset status hearing (joint motion) (Dierkes, Michael) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
48

NOTICE of Motion by Michael T. Dierkes for presentment of motion for miscellaneous relief 47 before Honorable Matthew F. Kennelly on 9/11/2013 at 09:30 AM. (Dierkes, Michael) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
49

MINUTE entry before Honorable Matthew F. Kennelly: Joint motion for extension of time 47 is granted; the deadline for the court-appointed experts to file their report is extended to 9/23/2013, and the status hearing set for 9/13/2013 is vacated and reset to 9/26/2013 at 9:30 a.m. (mk) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
50

MINUTE entry before the Honorable Matthew F. Kennelly: Due to Judge Kennelly holding court only in the afternoon on 9/26/2013, the status hearing set for 9/26/2013 at 9:30 a.m. is reset for 9/26/2013 at 01:30 p.m. Mailed notice. (pjg, ) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
51

Joint Submission of Expert Reports by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Expert report of Louis Kraus, M.D., # 2 Expert report of Barry Krisberg, Ph.D., # 3 Expert report of Peter Leone, Ph.D.)(Schwartz, Adam) (Entered: 09/23/2013)

1 Expert report of Louis Kraus, M.D.

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2 Expert report of Barry Krisberg, Ph.D.

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3 Expert report of Peter Leone, Ph.D.

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Sept. 23, 2013

Sept. 23, 2013

PACER
52

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/26/2013 and continued to 12/10/2013 at 09:30 a.m. Mailed notice. (pjg, ) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
53

TRANSCRIPT OF PROCEEDINGS held on 9/26/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014. (Brennan, Laura) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
54

MOTION by Defendant Arthur D Bishop for extension of time to deliver draft remedial plan to plaintiffs and court-appointed experts (Dierkes, Michael) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
55

NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 54 before Honorable Matthew F. Kennelly on 11/27/2013 at 09:30 AM. (Dierkes, Michael) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
56

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time 54 is granted; the deadline for defendant to deliver his proposed remedial plan is extended to 1/6/2014. The Court advises that it will not extend this date again. The status hearing set for 12/10/2013 is vacated and reset to 1/24/2014 at 9:30 AM. (mk) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
57

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Lindsay Stark Miller (Miller, Lindsay) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
58

MOTION by counsel for Plaintiffs M. D., D. F., D. G., R. J., B. W. to withdraw as attorney RUTH Z. BROWN (Brown, Ruth) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
59

NOTICE of Motion by Ruth Z. Brown for presentment of motion to withdraw as attorney 58 before Honorable Matthew F. Kennelly on 1/21/2014 at 09:30 AM. (Brown, Ruth) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
60

NOTICE of Motion by Ruth Z. Brown for presentment of motion to withdraw as attorney 58 before Honorable Matthew F. Kennelly on 1/24/2014 at 09:30 AM. (Brown, Ruth) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
61

MINUTE entry before the Honorable Matthew F. Kennelly: The motion to withdraw the appearance of Ruth Z. Brown as attorney for plaintiffs 58 is granted. (mk) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
62

MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing date of 1/24/2014 is vacated and reset to 1/23/2014 at 9:30 AM. (mk) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
63

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/23/2014 and continued to 3/17/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 01/24/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
64

TRANSCRIPT OF PROCEEDINGS held on 1/23/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/28/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. (Brennan, Laura) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
65

MOTION by Defendant Arthur D Bishop for extension of time for the parties to file proposed remedial plan(s) (Dierkes, Michael) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
66

NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 65 before Honorable Matthew F. Kennelly on 2/26/2014 at 09:30 AM. (Dierkes, Michael) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
67

ORDER: Motion hearing held on 2/26/2014. Defendant's motion for extension of time to file proposed remedial plan(s) 65 is granted. The deadline for the filing of remedial plan(s) is extended to 3/14/2014. The status hearing set for 3/17/2014 is moved to 3/24/2014 at 9:30 a.m. The Clerk is directed to substitute Candice Jones for Arthur Bishop as defendant. Signed by the Honorable Matthew F. Kennelly on 2/26/2014. Mailed notice (ph, ) (Entered: 02/27/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
68

Joint Submission of Proposed Remedial Plan by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Agreed Proposed Remedial Plan)(Schwartz, Adam) (Entered: 03/14/2014)

1 Agreed Proposed Remedial Plan

View on PACER

March 14, 2014

March 14, 2014

PACER
69

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/24/2014. A revised version of the Joint Submission of Proposed Remedial Plan is to be submitted by 4/4/2014. Status hearing is set for 4/7/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
70

TRANSCRIPT OF PROCEEDINGS held on 2/26/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/16/2014. Redacted Transcript Deadline set for 4/28/2014. Release of Transcript Restriction set for 6/24/2014. (Brennan, Laura) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
71

Joint Submission of Revised Proposed Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dierkes, Michael) (Entered: 04/04/2014)

1 Exhibit A

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2 Exhibit B

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April 4, 2014

April 4, 2014

PACER
72

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/7/2014 and continued to 6/9/2014 at 9:30 AM. A revised version of the agreed remedial plan to be submitted to Judge Kennelly's proposed order email address. Mailed notice. (pjg, ) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
73

REMEDIAL PLAN Signed by the Honorable Matthew F. Kennelly on 4/7/2014.(pjg, ) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
74

TRANSCRIPT OF PROCEEDINGS held on 3/24/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, Laura_M_Brennan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/4/2014. Redacted Transcript Deadline set for 6/16/2014. Release of Transcript Restriction set for 8/12/2014. (Brennan, Laura) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
75

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED (Schwartz, Adam) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
76

NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 75 before Honorable Matthew F. Kennelly on 6/5/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
77

MINUTE entry before the Honorable Matthew F. Kennelly: On the Court's motion, the hearing date on plaintiff's motion for attorney's fees and expenses is continued to the existing status hearing date of 6/9/2014 at 9:30 AM. (mk) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
78

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held. Plaintiffs' unopposed motion for fees, costs and expenses 75 is granted. Status hearing continued to 7/17/2014 at 9:00 a.m.Mailed notice (meg, ) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
79

ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Khadine Marie Bennett (Bennett, Khadine) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
80

Defendant's SUBMISSION of Policies Pursuant to Paragraph I(3) of the Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Dierkes, Michael) (Entered: 07/07/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

July 7, 2014

July 7, 2014

PACER
81

JOINT SUBMISSION of Proposed Supplemental Order by Candice Jones (Dierkes, Michael) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
82

MINUTE entry before the Honorable Matthew F. Kennelly: Tomorrow's status hearing is moved to 9:30 AM and will be held in open court. (mk) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
83

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/17/2014 and continued to 7/31/2014 at 9:30 a.m. Status Report to be filed by 7/29/2014. Proposed supplemental order to be submitted to Judge Kennelly's proposed order email address with edits as stated in open court. (pjg, ) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
84

SUPPLEMENTAL ORDER Signed by the Honorable Matthew F. Kennelly on 7/17/2014.(pjg, ) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
85

Defendant's Supplement to July 7, 2014 Submission of Policies Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Dierkes, Michael) (Entered: 07/29/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

July 29, 2014

July 29, 2014

PACER
86

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/31/2014. The Court approves defendant's 7/7/2014 submission of policies pursuant to paragraph I (3) of the remedial plan. Status hearing set for 8/28/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
87

Defendant's Submission of Policies Pursuant to Paragraph I(3) of the Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 08/01/2014)

1 Exhibit A

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Aug. 1, 2014

Aug. 1, 2014

PACER
88

MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the status hearing set for 8/28/2014 is vacated and reset for 9/4/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
89

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/4/2014 and continued to 10/16/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
90

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for court-appointed monitors to file their reports (Schwartz, Adam) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
91

NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 90 before Honorable Matthew F. Kennelly on 9/30/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
92

MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for extension of time 90 is granted; the due date for the monitors' reports is extended to 10/20/2014. The status hearing set for 10/6/2014 is vacated and reset to 10/23/2014 at 9:30 AM. (mk) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
93

MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for defendant to file certain policies (Schwartz, Adam) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
94

NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 93 before Honorable Matthew F. Kennelly on 10/9/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
95

MOTION by Defendant Candice Jones for extension of time to deliver draft special education policy to plaintiffs' counsel and court-appointed experts (Attachments: # 1 Exhibit 1)(Dierkes, Michael) (Entered: 10/06/2014)

1 Exhibit 1

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Oct. 6, 2014

Oct. 6, 2014

PACER
96

NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 95 before Honorable Matthew F. Kennelly on 10/9/2014 at 09:30 AM. (Dierkes, Michael) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
97

MINUTE entry before the Honorable Matthew F. Kennelly: Motions for extension of time [ 93 & 95 ] is granted. The status hearing set for 10/23/2014 is vacated and reset to 11/10/2014 at 9:30 AM. (mk) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
98

TRANSCRIPT OF PROCEEDINGS held on 9/4/2014 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Valarie M. Ramsey valharam@aol.com (708) 860-8482. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/29/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/6/2015. (rp, ) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
99

Joint Submission of Monitoring Report by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Monitoring Report of Peter Leone, PhD)(Schwartz, Adam) (Entered: 10/20/2014)

1 Monitoring Report of Peter Leone, PhD

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of youth confined in secure facilities operated by the Illinois Department of Juvenile Justice

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

Illinois Department of Juvenile Justice, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 700,166

Order Duration: 2012 - None

Content of Injunction:

Reporting

Monitor/Master

Monitoring

Issues

General:

Conditions of confinement

Disciplinary procedures

Education

Failure to discipline

Failure to supervise

Failure to train

Juveniles

Over/Unlawful Detention

Staff (number, training, qualifications, wages)

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Disciplinary segregation

Pepper/OC spray

Protective custody

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Disability and Disability Rights:

Special education

Mental impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Mental health care, general

Suicide prevention

Type of Facility:

Government-run