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Case Name Hudson v. Preckwinkle JC-IL-0050
Docket / Court 1:13-cv-08752 ( N.D. Ill. )
Additional Docket(s) 15-1833  [ 15-1833 ]  Federal Court of Appeals
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Solitary confinement
Attorney Organization Uptown People's Law Center
Case Summary
On November 24, 2013, a prisoner detained at Cook County Jail (CCJ) filed a handwritten civil action against Cook County in U.S. District Court for the Northern District of Illinois. The plaintiff asked the Court for injunctive and declaratory relief, claiming that violence and the deliberate ... read more >
On November 24, 2013, a prisoner detained at Cook County Jail (CCJ) filed a handwritten civil action against Cook County in U.S. District Court for the Northern District of Illinois. The plaintiff asked the Court for injunctive and declaratory relief, claiming that violence and the deliberate indifference of staff at the jail deprived him of his rights under the Eighth and Fourteenth Amendments. The case was assigned to the Honorable Virginia M. Kendall, who allowed the indigent plaintiff to proceed without payment of court fees.

On February 27, 2014, the plaintiff, represented by the Roderick Macarthur Justice Center and Uptown People's Law Center, and joined by several other prisoner-plaintiffs, filed an amended class action complaint. The plaintiffs alleged a longstanding and systemic set of abuses performed by officials at CCJ. They claimed that CCJ officials implicitly authorized abusive conditions by refusing to promulgate adequate policies on overcrowding, use of force, and segregation. The plaintiffs alleged they were stomped, kicked, and punched by officers at the facility, often while handcuffed. When prisoners complained about the violence or made any effort to defend themselves from the officers' attacks, they were often retaliated against by placement in segregation for up to 23 hours per day, causing distress and violence in these units. Raw sewage frequently flooded these cells, creating serious risks to health and safety. The plaintiffs also sought certification as a class encompassing all residents of their section of the CCJ.

On March 8, 2014, the plaintiffs requested a preliminary injunction, asking that the court impose a remedial plan against the defendants with respect to the ongoing violence at the facility. The defendants, meanwhile, filed a motion to dismiss on May 5, 2014, arguing that the plaintiffs had stated no constitutional claim. On May 8, 2014, the plaintiffs filed a motion to compel discovery. On May 21, 2014, the Honorable Young B. Kim granted the motion in part, ordering the defendants to produce documents and video footage from CCJ. The court also ordered the defendants to allow a joint tour of the facility by experts for the plaintiffs, accompanied by experts for the defendants.

On June 10, 2014, the court granted the defendants' discovery request that plaintiffs produce forms filled out by additional prisoners containing information about conditions at the facility. The forms had been sent by the plaintiffs' attorneys to various prisoners for the purpose adding potential plaintiffs to the litigation's putative class. The court ruled the forms were not protected by attorney client privilege and should be provided to the defendant. 2014 WL 2598814.

On March 31, 2015, Judge Kendall issued a 50-page opinion and order, denying in part the defendants' motion to dismiss, and also denying the plaintiffs' motion for preliminary injunctions. 2013 WL 6858884. The motions to dismiss claims against defendants Cook County and Cook County Board President Toni Preckwinkle were denied, while claims against a CCJ officer were dismissed. Motions to dismiss were denied on the basis that the evidence showed a question of fact as to whether the defendants' had managed the CCJ with indifference to the plaintiffs' wellbeing. The plaintiffs' motion for preliminary injunction was denied because it failed to demonstrate a likelihood of success as to their claim of deliberate indifference, and because jail officials had shown they were already working to address the problems alleged by the plaintiffs.

This opinion was appealed to the Seventh Circuit by the plaintiffs on April 17, 2015 (15-1833). However, on August 20, 2015 the appeal was withdrawn and the plaintiffs filed a motion to dismiss their injunctive claims. The motion explained that it was "sensible" to end the injunctive portion of the litigation because the District Court's opinion on the preliminary injunction had made it "clear that the Court agreed with Defendants’ assessment of the evidence."

On November 16, 2015, plaintiff Tylon Hudson filed an amended complaint seeking monetary damages and attorney fees. The other plaintiffs were no longer named and retained only jail staff as defendants, rather than the County executives previously named. The amended complaint focused on allegations that CCJ staff had allowed or facilitated a gang attack on the plaintiff, in violation of the Fourteenth and Eighth Amendments and federal civil rights law. On October 23, 2015, the suit was voluntarily dismissed by the parties pursuant to an undisclosed settlement, with each side bearing its own fees. The case is closed.

Nate West - 10/15/2014
Nathaniel Flack - 10/24/2018


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Conditions of confinement
Disciplinary procedures
Disciplinary segregation
Excessive force
Failure to supervise
Pepper/OC spray
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Cook County
Plaintiff Description Plaintiffs are prisoners in the Cook County Jail who alleged inhumane living conditions and unconstitutional violence performed by jail officials against plaintiffs.
Indexed Lawyer Organizations Uptown People's Law Center
Class action status sought Yes
Class action status granted No
Filed Pro Se Yes
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2013
Case Ongoing No
Docket(s)
1:13-cv-08752 (N.D. Ill.)
JC-IL-0050-9000.pdf | Detail
Date: 09/26/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-IL-0050-0001.pdf | Detail
Date: 11/24/2013
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 5] (2013 WL 6858884) (N.D. Ill.)
JC-IL-0050-0005.pdf | WESTLAW | Detail
Date: 12/27/2013
Source: PACER [Public Access to Court Electronic Records]
Press Release
JC-IL-0050-0003.pdf | External Link | Detail
Date: 02/27/2014
Source: Plaintiffs' counsel
Amended Complaint [ECF# 12]
JC-IL-0050-0002.pdf | Detail
Date: 02/27/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion for Class Certification and Appointment as Class Counsel [ECF# 15]
JC-IL-0050-0004.pdf | Detail
Date: 02/27/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 113] (N.D. Ill.)
JC-IL-0050-0006.pdf | Detail
Date: 05/21/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 151] (2014 WL 2598814) (N.D. Ill.)
JC-IL-0050-0007.pdf | WESTLAW | Detail
Date: 06/10/2014
Source: PACER [Public Access to Court Electronic Records]
Judges Kendall, Virginia Mary (N.D. Ill.)
JC-IL-0050-9000
Kim, Young B (N.D. Ill.) [Magistrate]
JC-IL-0050-0006 | JC-IL-0050-0007 | JC-IL-0050-9000
Shadur, Milton Irving (N.D. Ill.)
JC-IL-0050-0005
Plaintiff's Lawyers Bedi, Sheila A. (Illinois)
JC-IL-0050-0002 | JC-IL-0050-0004 | JC-IL-0050-9000
Berg, Nicole C. (Illinois)
JC-IL-0050-9000
Bowman, Locke E. III (Illinois)
JC-IL-0050-0002 | JC-IL-0050-0004 | JC-IL-0050-9000
Bradford, David J (Illinois)
JC-IL-0050-9000
Buckley, Francis X. (Illinois)
JC-IL-0050-9000
Kleinman, Laura A. (Illinois)
JC-IL-0050-9000
Merrick, Andrew Francis (Illinois)
JC-IL-0050-9000
Mills, Alan S. (Illinois)
JC-IL-0050-0002 | JC-IL-0050-0004 | JC-IL-0050-9000
Shapiro, David M. (Illinois)
JC-IL-0050-0002 | JC-IL-0050-0004 | JC-IL-0050-9000
Van Brunt, Alexa A. (Illinois)
JC-IL-0050-0002 | JC-IL-0050-0004 | JC-IL-0050-9000
Weil, Steve (Illinois)
JC-IL-0050-9000
Williams, Leah K. (Illinois)
JC-IL-0050-9000
Defendant's Lawyers Barber, Catherine Macneil (Illinois)
JC-IL-0050-9000
Benjamin, Stacy Ann (Illinois)
JC-IL-0050-9000
Bensinger, Virginia Brette (Illinois)
JC-IL-0050-9000
Duffy, Daniel P. (Illinois)
JC-IL-0050-9000
Lanzito, Dominick L. (Illinois)
JC-IL-0050-9000
Lydon, James Matthias (Illinois)
JC-IL-0050-9000
Meador, Lisa Marie (Illinois)
JC-IL-0050-9000
Nowinski, Thomas Edward (Illinois)
JC-IL-0050-9000
O'Grady, Paul A (Illinois)
JC-IL-0050-9000
Shannon, Robert (Illinois)
JC-IL-0050-9000
Sorich, Michael Jude (Illinois)
JC-IL-0050-9000
Sperry, Gretchen Harris (Illinois)
JC-IL-0050-9000

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