University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Malewski v. Preckwinkle JC-IL-0049
Docket / Court 1:14-cv-04187 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Attorney Organization Uptown People's Law Center
Case Summary
On June 6, 2014, an inmate at the Cook County Jail filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983, against Cook County. The plaintiff, represented by the Uptown People's Law Center and a private law firm, sought compensatory ... read more >
On June 6, 2014, an inmate at the Cook County Jail filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983, against Cook County. The plaintiff, represented by the Uptown People's Law Center and a private law firm, sought compensatory damages, punitive damages, attorneys' fees, and costs, alleging violations of the Eighth and Fourteenth Amendments. Specifically, the plaintiff claimed that overcrowding led to unsanitary living conditions and the deprivation of basic necessities. The plaintiff also claimed that Cook County was aware of severe overcrowding and failed to provide adequate funding to the jail.

The court granted in part defendants' motion to dismiss on October 15, 2014 to the extent it sought to strike allegations of punitive damages against the sheriff in his official capacity and Cook County, since a municipality is not exposed to punitive damages because of the bad-faith actions of its officials. The court denied the rest of defendants' motion to dismiss. On August 24, 2015, the court granted plaintiffs' counsel's motion to withdraw class certification, and denied plaintiffs' motion for leave to file an amended complaint. The court dismissed the motion on file based on counsel's representation that the two alleged counts were unsupported. Malewski v. Preckwinkle, 2015 WL 5037073 (N.D. Ill. Aug. 24, 2015). Plaintiff appealed to the Seventh Circuit Court of Appeals regarding the filing fees on September 22, 2015, and the Court of Appeals dismissed the case on June 22, 2016. The case is now closed.

Priyah Kaul - 09/24/2014
Elizabeth Heise - 11/18/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Crowding
Crowding / caseload
Defendant-type
Corrections
Jurisdiction-wide
General
Administrative segregation
Bathing and hygiene
Classification / placement
Conditions of confinement
Failure to train
Food service / nutrition / hydration
Funding
Sanitation / living conditions
Totality of conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Cook County
Plaintiff Description Inmates at Monroe County Jail in Illinois.
Indexed Lawyer Organizations Uptown People's Law Center
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filing Year 2014
Case Ongoing No
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Officials Agree To Cap Population at D.C. Jail
https://www.prisonlegalnews.org/news/2009/feb/15/officials-agree-to-cap-population-at-dc-jail/
Date: February 2009
By: Michael Rigby (Prison Legal News)
[ Detail ] [ External Link ]

Docket(s)
1:14-cv-04187 (N.D. Ill.)
JC-IL-0049-9000.pdf | Detail
Date: 06/22/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-IL-0049-0001.pdf | Detail
Date: 06/06/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 42] (N.D. Ill.)
JC-IL-0049-0002.pdf | Detail
Date: 10/15/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 104] (2015 WL 5037073) (N.D. Ill.)
JC-IL-0049-0003.pdf | WESTLAW | Detail
Date: 08/24/2015
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Guzman, Ronald A. (N.D. Ill.) show/hide docs
JC-IL-0049-0002 | JC-IL-0049-0003 | JC-IL-0049-9000
Plaintiff's Lawyers Kulis, Gregory E (Illinois) show/hide docs
JC-IL-0049-0001 | JC-IL-0049-9000
Mills, Alan S. (Illinois) show/hide docs
JC-IL-0049-9000
Orozco, Brian M. (Illinois) show/hide docs
JC-IL-0049-9000
Patrick, Joshua S. (Illinois) show/hide docs
JC-IL-0049-9000
Defendant's Lawyers Ferrara, Jill Vosicky (Illinois) show/hide docs
JC-IL-0049-9000
Fleming, Conor Thomas (Illinois) show/hide docs
JC-IL-0049-9000

- click to show/hide ALL -

new search
page permalink

- top of page -