Case: Koger v. Dart

1:13-cv-07150 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 4, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 4, 2013, an inmate at the Cook County Jail filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The inmate sued under 42 U.S.C. § 1983 against the Sheriff of Cook County and the Cook County Department of Corrections. The inmate sought injunctive and monetary relief for violations of his First Amendment rights. The inmate alleged that the jail had prevented him from receiving a newspaper based on a formal written policy prohibiting newspapers. The Cook …

On October 4, 2013, an inmate at the Cook County Jail filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The inmate sued under 42 U.S.C. § 1983 against the Sheriff of Cook County and the Cook County Department of Corrections. The inmate sought injunctive and monetary relief for violations of his First Amendment rights. The inmate alleged that the jail had prevented him from receiving a newspaper based on a formal written policy prohibiting newspapers. The Cook County Department of Correction's General Order 9.7.1 lists all "newspapers" as a form of "institutional contraband." A friend had sent him the newspaper, and the jail returned it to the friend without notifying the inmate.

The inmate alleged that the Cook County Department of Correction's policy of banning inmates from obtaining newspapers was overbroad, and violated his First Amendment rights. The inmate alleged that this policy unreasonably and irrationally censored and restricted his ability to read a large and important body of First-Amendment protected speech.

The defendants filed a motion to dismiss. On March 3, 2013, Judge Kennelly denied the motion to dismiss.

Then, both parties moved for summary judgment. In an opinion, the court partly granted and partly denied both motions. On July 6, 2015, the court ruled that the inmate's request for injunctive relief was moot. Although the inmate filed suit while he was still incarcerated at the jail, and he had Article III standing to seek injunctive relief at that time, because he was released shortly thereafter, there was no evidence that he would suffer from the jail's newpaper policy in the future. The court held that the jail's ban on newspapers violated the First Amendment. The court awarded the inmate $1.00 in nominal damages. Outside of court, the parties settled the amount of attorneys fees, and that amount is not disclosed. With the resolution of the attorneys fees, the case was closed.

Summary Authors

Rachel June-Graber (11/13/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5625989/parties/koger-v-dart/


Judge(s)

Kennelly, Matthew F. (Illinois)

Attorney for Plaintiff
Attorney for Defendant

Bryant, Brenden Rae (Illinois)

Fleming, Conor Thomas (Illinois)

Gallagher, Michael L. (Illinois)

Expert/Monitor/Master/Other

Edelson, Zisl Taub (Illinois)

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Documents in the Clearinghouse

Document

1:13-cv-07150

Docket [PACER]

Koger v. Dart

Oct. 20, 2015

Oct. 20, 2015

Docket
1

1:13-cv-07150

Complaint for Civil Rights Violations, Declaratory Judgment and Other Injunctive Relief

Oct. 4, 2013

Oct. 4, 2013

Complaint
20

1:13-cv-07150

Amended Complaint For Civil Rights Violations, Declaratory Judgment And Other Injunctive Relief

Nov. 19, 2013

Nov. 19, 2013

Complaint
29

1:13-cv-07150

Notification of Docket Entry, Denying Defendant's Motion To Dismiss

March 3, 2014

March 3, 2014

Order/Opinion
100

1:13-cv-07150

Memorandum Opinion and Order

July 6, 2015

July 6, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5625989/koger-v-dart/

Last updated Feb. 11, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Gregory Koger; jury demand. Filing fee $ 400, receipt number 0752−8799169. (Attachments: # 1 Exhibit A)(Weinberg, Mark) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

2

CIVIL Cover Sheet (Weinberg, Mark) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

3

ATTORNEY Appearance for Plaintiff Gregory Koger by Mark G. Weinberg (Weinberg, Mark) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

SUMMONS Issued as to Defendants Cook County, Thomas J. Dart (pg, ) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

4

SUMMONS Returned Executed by Gregory Koger as to Cook County on 10/11/2011, answer due 11/1/2011. (Weinberg, Mark) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

5

MOTION by Plaintiff Gregory Koger for preliminary injunction (Weinberg, Mark) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

6

NOTICE of Motion by Mark G. Weinberg for presentment of motion for preliminary injunction 5 before Honorable Matthew F. Kennelly on 10/17/2013 at 09:30 AM. (Weinberg, Mark) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

7

MEMORANDUM by Gregory Koger in support of motion for preliminary injunction 5 (Attachments: # 1 Exhibit A)(Weinberg, Mark) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

8

CERTIFICATE of Service Regarding Motion for Prel. Injunction, Notice of Motion, and Memorandum In Support of Injunction by Mark G. Weinberg on behalf of Gregory Koger (Weinberg, Mark) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

9

SUMMONS Returned Executed by Gregory Koger as to Thomas J. Dart on 10/11/2013, answer due 11/1/2013. (Weinberg, Mark) (Entered: 10/12/2013)

Oct. 12, 2013

Oct. 12, 2013

10

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 10/17/2013 and continued to 10/21/2013 at 09:30 a.m.Mailed notice. (pjg, ) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

11

ATTORNEY Appearance for Defendant Thomas J. Dart by Brenden Rae Bryant (Bryant, Brenden) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

12

ATTORNEY Appearance for Defendant Thomas J. Dart by Michael L. Gallagher (Gallagher, Michael) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

13

ATTORNEY Appearance for Plaintiff Gregory Koger by Zisl Taub Edelson (Edelson, Zisl) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

14

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 10/21/2013. Defendant's response to plaintiff's motion for preliminary injunction 5 is due 10/31/2013. Status hearing set for 11/4/2013 at 09:30 a.m. Mailed notice. (pjg, ) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

15

RESPONSE by Thomas J. Dartin Opposition to MOTION by Plaintiff Gregory Koger for preliminary injunction 5 (Attachments: # 1 Exhibit I)(Bryant, Brenden) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

16

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/4/2013. Reply to motion for preliminary injunction 5 is due by 11/18/2013. Sur−reply is due by 12/3/2013. Status hearing set for 12/5/2013 at 09:30 a.m. Mailed notice. (pjg, ) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

17

MOTION by Plaintiff Gregory Koger for leave to file amended complaint (Attachments: # 1 Exhibit amended complaint, # 2 Notice of Filing)(Weinberg, Mark) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

18

NOTICE of Motion by Mark G. Weinberg for presentment of motion for leave to file 17 before Honorable Matthew F. Kennelly on 11/19/2013 at 9:30 a.m.(pjg, ) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

19

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 11/19/2013. Motion for leave to file 17 is granted. Motion for preliminary injunction 5 is terminated as moot. The status hearing set for 12/5/2013 remains as scheduled. Mailed notice. (pjg, ) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

21

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 12/5/2013. Fed.R.Civ.P. 26(a)(1) disclosures are due by 1/9/2014. The deadline for amending pleadings and adding parties is 2/11/2014. Discovery is ordered closed by 4/11/2014. Status hearing is set for 1/29/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

22

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Bryant, Brenden) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

23

NOTICE of Motion by Brenden Rae Bryant for presentment of Motion to Dismiss for Failure to State a Claim 22 before Honorable Matthew F. Kennelly on 1/29/2014 at 09:30 AM. (Bryant, Brenden) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

24

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/29/2014. Response to Argument No. 1 of the Motion to Dismiss for Failure to State a Claim 22 to be filed by 2/12/2014; Defendant to reply by 2/26/2014. Ruling on Motion to Dismiss 22 set for 3/5/2014 at 9:30 a.m. Argument No. 2 of Motion to Dismiss 22 is overruled for reasons stated in open court. Status hearing set for 3/5/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

25

MEMORANDUM RESPONSE by Gregory Kogerin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 22 (Edelson, Zisl) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

26

REPLY by Cook County, Thomas J. Dart to response in opposition to motion 25 (Bryant, Brenden) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

27

MOTION by Plaintiff Gregory Koger to file instanter Supplemental Authority (Attachments: # 1 Exhibit Exhibit A)(Weinberg, Mark) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

28

NOTICE of Motion by Mark G. Weinberg for presentment of motion to file instanter 27 before Honorable Matthew F. Kennelly on 3/5/2014 at 09:30 AM. (Weinberg, Mark) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

29

MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendant's motion to dismiss. As the Court previously stated in an oral ruling, the complaint states a claim; defendant's contention that the claim lacks merit because plaintiff suffered no actual damage but only nominal damage is legally frivolous, because the law permits a person to sue for violation of his constitutional rights in this situation even if he suffered no tangible monetary loss. Defendant also argues that plaintiff lacks standing to seek injunctive relief. Perhaps so−−there is a strong probability that plaintiff will be unable to obtain a permanent injunction due to the absence of a likelihood that he will be subjected to the challenged practice in the future−−but because plaintiff has stated a claim for damages that he clearly has standing to pursue, the Court need not determine definitively at this point exactly what types of relief plaintiff may obtain if he prevails. That is appropriately be taken up if and when it becomes an issue. The request for an injunction is not a separate claim for relief that the Court can or should deal with separately at this point; it is a request for a type of relief on the single claim that plaintiff has made. Defendant is directed to answer the complaint by no later than 3/17/2014, and both sides are directed to make Rule 26(a)(1) disclosures by that same date. The status hearing set for 3/5/2014 is vacated and reset to 3/19/2014 at 9:00 a.m. and will be held in chambers (Room 2188), for the purpose of setting a discovery and pretrial schedule. (mk) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

30

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to cite additional authority 27 is terminated as moot. (mk) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

31

ANSWER to amended complaint by Cook County, Thomas J. Dart(Bryant, Brenden) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

32

MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 3/19/2014 with attorneys for both sides. Deadline for amending pleadings and adding parties is 4/30/2014. Fact discovery ordered closed by 5/30/2014. Status hearing is set for 5/21/2014 at 9:30 a.m. Mailed notice. (pjg, )

March 19, 2014

March 19, 2014

34

MOTION by Plaintiff Gregory Koger to compel Responses To Plaintiff's Outstanding Discovery (Attachments: # 1 Exhibit Plaintiff's Written discovery, # 2 Exhibit Plaintiff's Notice of 30(b)(6) Deposition, # 3 Exhibit E−Mail Correspondences)(Weinberg, Mark) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

35

NOTICE of Motion by Mark G. Weinberg for presentment of motion to compel, 34 before Honorable Matthew F. Kennelly on 5/7/2014 at 09:30 AM. (Weinberg, Mark) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

36

RESPONSE by Cook County, Thomas J. Dartin Opposition to MOTION by Plaintiff Gregory Koger to compel Responses To Plaintiff's Outstanding Discovery 34 (Bryant, Brenden) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

37

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 5/7/2014 regarding Motion to compel 34 . Hearing is continued to 5/19/2014 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

38

MINUTE entry before the Honorable Matthew F. Kennelly: Hearing held on 5/19/2014 regarding motion to compel 34 . The discovery deadline is extended to 7/15/2014. The status hearing set for 5/21/2014 is vacated and reset to 7/21/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

39

MOTION by Plaintiff Gregory Koger to compel Defendants to Answer Outstanding Discovery (Attachments: # 1 Exhibit, # 2 Exhibit)(Nicholas, Adele D.) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

40

NOTICE of Motion by Adele D. Nicholas for presentment of motion to compel 39 before Honorable Matthew F. Kennelly on 6/11/2014 at 09:30 AM. (Nicholas, Adele D.) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

41

MINUTE entry before the Honorable Matthew F. Kennelly: On the Court's motion, the hearing date on plaintiffs' motion to compel is reset to 6/12/2014 at 9:30 AM due to Judge Kennelly's unavailability on 6/11/2014 at 9:30 AM. (mk) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

42

RESPONSE by Defendant Thomas J. Dart to motion to compel 39 (Attachments: # 1 Exhibit A)(Bryant, Brenden) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

43

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 6/12/2014. Motion to compel 39 is granted in part and denied in part as stated in open court. Telephone status hearing, to be initiated by the parties, is set for 6/23/2014 at 9:00 AM. Mailed notice. (pjg, ) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

44

MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 6/23/2014 with attorneys for both sides. Status hearing set for 7/21/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

45

MOTION by Plaintiff Gregory Koger for extension of time to complete discovery (Attachments: # 1 Exhibit (Production Requests), # 2 Exhibit (Interrogatory))(Nicholas, Adele D.) (Entered: 07/13/2014)

July 13, 2014

July 13, 2014

46

NOTICE of Motion by Adele D. Nicholas for presentment of motion for extension of time to complete discovery 45 before Honorable Matthew F. Kennelly on 7/21/2014 at 09:30 AM. (Nicholas, Adele D.) (Entered: 07/13/2014)

July 13, 2014

July 13, 2014

47

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 7/21/2014. Motion for extension of time to complete discovery 45 is granted. The deadline for fact discovery is extended to 8/7/2014. Status hearing set for 8/12/2014 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

48

MINUTE entry before the Honorable Matthew F. Kennelly: The case is referred to Magistrate Judge Keys to conduct a settlement conference. Mailed notice. (pjg, ) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

50

MINUTE entry 49 is corrected as follows: This case will be referred to a magistrate judge of this court for the purpose of holding proceedings related to a settlement conference. Mailed notice. (pjg, ) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

51

MINUTE entry before the Honorable Matthew F. Kennelly: Referral to Magistrate Judge Keys is hereby withdrawn. Mailed notice. (pjg, ) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

52

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Maria Valdez for settlement conference. Signed by Executive Committee on July 23, 2014. (ao,) (Entered: 07/24/2014)

July 23, 2014

July 23, 2014

53

MINUTE entry before the Honorable Maria Valdez: This case has been referred to Judge Valdez to conduct a settlement conference. The parties are ordered to appear for status on 7/31/2014 at 10:00 a.m. in Courtroom 1041 to set a settlement conference date. The Parties are further directed to consult with their respective clients before the status date to determine the dates of unavailability for a settlement conference that may be set within the next eight weeks. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (lp, ) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

54

STATUS Report (Joint Initial Magistrate Judge Status Report) by Gregory Koger (Nicholas, Adele D.) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

55

MINUTE entry before the Honorable Maria Valdez: Magistrate Judge Status hearing held on 7/31/2014. This case is set to 9/5/2014 at 2:00 p.m. in courtroom 1041 for settlement conference. Judge Valdez requires full compliance with the Court's Standing Order on Settlement Conference found on Judge Valdez's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Lisa Provine, at 312/408−5135 for a copy. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. Absent leave from the Court, cancellation will result if the Plaintiff fails to submit to chambers copies of the settlement letters four days prior to the settlement conference. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (lp, ) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

56

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 8/12/2014 and continued to 9/18/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

57

MINUTE entry before the Honorable Maria Valdez: Settlement conference held on 9/5/2014. Parties unable to reach terms of settlement at this time. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice (lp, ) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

58

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/18/2014. Plaintiff's motion for summary judgment is due by 10/20/2014. Defendant's response and cross motion is due by 11/18/2014; Response and reply due by 12/2/2014; Final reply is due by 12/12/2014. Mailed notice. (pjg, ) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

59

MOTION by Plaintiff Gregory Koger for leave to file excess pages in support of Plaintiff's Motion for Summary Judgment (Nicholas, Adele D.) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

60

NOTICE of Motion by Adele D. Nicholas for presentment of motion for leave to file excess pages 59 before Honorable Matthew F. Kennelly on 10/21/2014 at 09:30 AM. (Nicholas, Adele D.) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

61

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file a brief with excess pages 59 is granted in part; plaintiff's summary judgment brief may be up to 20 pages long. The case involves a single claim, and the Court is not persuaded that a 25 page brief is warranted. (mk) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

62

MOTION by Plaintiff Gregory Koger for summary judgment (Nicholas, Adele D.) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

63

RULE 56.1(a)(1) Statement by Gregory Koger regarding motion for summary judgment 62 (Nicholas, Adele D.) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

64

APPENDIX Rule 56 statement 63 , motion for summary judgment 62 (Attachments: # 1 Exhibit Koger Dep, # 2 Exhibit Kurtovich Dep, # 3 Exhibit Lyons Dep, # 4 Exhibit Notice of Returned Mail, # 5 Exhibit G.O. 14.10, # 6 Exhibit G.O. 9.7.1, # 7 Exhibit Photos of Property Box, # 8 Exhibit 8/22/13 Grievance, # 9 Exhibit Handbook, # 10 Exhibit Interrogatory Answers (1st), # 11 Exhibit Returned Envelope, # 12 Exhibit Incident Reports, # 13 Exhibit Koger Declaration, # 14 Exhibit Commissary List, # 15 Exhibit Jail Policies, # 16 Exhibit Holmes Declaration, # 17 Exhibit Interrogatory Answers (2nd Set))(Nicholas, Adele D.) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

65

MOTION by Defendants Cook County, Thomas J. Dart for extension of time to file response/reply as to motion for summary judgment 62 and any cross−motion for summary judgment (Gallagher, Michael) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

66

NOTICE of Motion by Michael L. Gallagher for presentment of motion for extension of time to file response/reply, motion for relief 65 before Honorable Matthew F. Kennelly on 11/25/2014 at 09:30 AM. (Gallagher, Michael) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

67

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion to enlarge time is granted. Due date for response to summary judgment motion and cross−motion (if any) is extended to 12/16/2014; due date for plaintiff's response / reply is extended to 12/30/2014; due date for defendant's reply on the cross−motion is extended to 1/9/2015. (mk) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

68

ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart by Anthony E. Zecchin (Zecchin, Anthony) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

69

ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart by Martin D Syvertsen (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

70

MOTION by Defendants Thomas J. Dart, Cook County for summary judgment (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

71

RULE 56.1 Statement by Cook County, Thomas J. Dart regarding motion for summary judgment 70 (Attachments: # 1 Exhibit A− Plaintiff's Deposition, # 2 Exhibit B− Kurtovich Deposition, # 3 Exhibit C− Incoming Mail, # 4 Exhibit D− Lyons Deposition, # 5 Exhibit E− Moreci Affidavit, # 6 Exhibit F− IMACs Sheet, # 7 Exhibit G− Agreed Order)(Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

72

MEMORANDUM by Cook County, Thomas J. Dart in support of motion for summary judgment 70 (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

73

NOTICE by Cook County, Thomas J. Dart re Rule 56 statement, 71 , MOTION by Defendants Thomas J. Dart, Cook County for summary judgment 70 , memorandum in support of motion 72 (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

74

RESPONSE by Defendants Cook County, Thomas J. Dart to Rule 56 statement 63 (Attachments: # 1 Exhibit A− Moreci Affidavit, # 2 Exhibit B− Agreed Order)(Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

75

RESPONSE by Cook County, Thomas J. Dartin Opposition to MOTION by Plaintiff Gregory Koger for summary judgment 62 (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

76

NOTICE by Cook County, Thomas J. Dart re response in opposition to motion 75 , Response 74 (Syvertsen, Martin) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

77

MOTION by Plaintiff Gregory Koger to strike Response 74 (Affidavit of Dan Moreci) (Attachments: # 1 Exhibit (declaration of Holmes), # 2 Exhibit (interrogatory answers), # 3 Exhibit (Kurtovich Dep excerpt))(Nicholas, Adele D.) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

78

NOTICE of Motion by Adele D. Nicholas for presentment of motion to strike, motion for relief 77 before Honorable Matthew F. Kennelly on 12/30/2014 at 09:30 AM. (Nicholas, Adele D.) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

79

MINUTE entry before the Honorable Matthew F. Kennelly: The hearing on plaintiff's motion to strike is reset to 1/5/2015 at 9:30 AM because Judge Kennelly is not holding court through 1/2/2015. (mk) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

80

RESPONSE by Plaintiff Gregory Koger to response in opposition to motion 75 for summary judgment and reply in support of his motion for summary judgment (Nicholas, Adele D.) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

81

RULE 56 (b)(3) Statement (Plaintiff's Response to Defendants' Statement of Undisputed Facts) (Nicholas, Adele D.) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

82

RULE 56 (a)(3) Statement (Plaintiff's Response to Defendants' Statement of Additional Facts) (Nicholas, Adele D.) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

83

MOTION by Plaintiff Gregory Koger for leave to file combined reply in support of his motion for summary judgment and response to defendants' cross−motion for summary judgment (Nicholas, Adele D.) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

84

NOTICE of Motion by Adele D. Nicholas for presentment of motion for leave to file 83 before Honorable Matthew F. Kennelly on 1/5/2015 at 09:30 AM. (Nicholas, Adele D.) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

85

ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart by John M. Power (Power, John) (Entered: 01/02/2015)

Jan. 2, 2015

Jan. 2, 2015

86

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 1/5/2015. Motion for leave to file instanter 83 is granted. Response to motion to strike 77 is due by 1/9/2015. Motion to strike 77 is entered and continued to 1/13/2015 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

87

RESPONSE by Cook County, Thomas J. Dartin Opposition to MOTION by Plaintiff Gregory Koger to strike Response 74 (Affidavit of Dan Moreci) 77 (Attachments: # 1 Notice of Filing)(Syvertsen, Martin) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

88

ATTORNEY Appearance for Defendants Cook County, Thomas J. Dart by Conor Thomas Fleming (Fleming, Conor) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

89

REPLY by Cook County, Thomas J. Dart to Rule 56 statement, 71 , Response 80 , MOTION by Defendants Thomas J. Dart, Cook County for summary judgment 70 , memorandum in support of motion 72 (Fleming, Conor) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

90

NOTICE by Cook County, Thomas J. Dart re reply to response to motion 89 (Fleming, Conor) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

91

REPLY by Plaintiff Gregory Koger to response in opposition to motion 87 (reply in support of motion to strike affidavit of Dan Moreci) (Attachments: # 1 Exhibit G.O. 14.10)(Nicholas, Adele D.) (Entered: 01/11/2015)

Jan. 11, 2015

Jan. 11, 2015

92

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 1/13/2015. Motion to strike 77 is granted. Affidavit of Dan Moreci and arguments based on it, as well as summary judgment briefs 72 , 75 , 80 , and 89 are stricken. Defendant has until 1/27/2015 to refile a combined summary judgment memorandum / response memorandum. Plaintiff has until 2/10/2015 to file a combined response / reply memorandum. Defendant has until 2/17/2015 to file a reply brief on its cross−motion. Mailed notice. (pjg, ) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

93

MOTION by Defendants Thomas J. Dart, Cook County for summary judgment (Syvertsen, Martin) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

94

RULE 56.1(b) Statement by Cook County, Thomas J. Dart regarding motion for summary judgment 93 , motion for summary judgment 62 (Attachments: # 1 Exhibit A− Plainitff's Mail History, # 2 Exhibit B− Agreed Order)(Syvertsen,

Jan. 27, 2015

Jan. 27, 2015

96

NOTICE by Cook County, Thomas J. Dart re MOTION by Defendants Thomas J. Dart, Cook County for summary judgment 93 , memorandum 95 , Rule 56 statement, 94 (Syvertsen, Martin) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

97

RESPONSE by Gregory Kogerin Opposition to MOTION by Defendants Thomas J. Dart, Cook County for summary judgment 93 (combined response to Defendants' Motion for Summary Judgment and Rely in Support of Plaintiff's Motion for Summary Judgment) (Nicholas, Adele D.) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

98

RULE 56.1(a)(3) Statement by Gregory Koger regarding motion for summary judgment 62 (Plaintiff's Response to Defendants' Statement of Additional Facts) (Nicholas, Adele D.) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

99

REPLY by Defendants Cook County, Thomas J. Dart to response in opposition to motion, 97 (Attachments: # 1 Notice of Filing)(Syvertsen, Martin) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

100

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/6/2015: For the reasons state din the accompanying Memorandum Opinion and Order, the Court partly grants and partly denies both motions for summary judgment [dkt. nos. 62, 70 & 93]. The Court will issue a declaratory judgment in plaintiff's favor and will award plaintiff nominal damages in the amount of one dollar. The Court denies plaintiff's request for an injunction. The parties' proposed form(s) of judgment are to be submitted by July 13, 2015. The case is set for a status hearing on July 15, 2015 at 9:30 a.m. (mk)

July 6, 2015

July 6, 2015

RECAP
101

MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/15/2015. Judgment to be entered in favor of plaintiff Gregory Koger and against defendants Sheriff Thomas J. Dart and Cook County. The Court concludes that the Cook County Jail's ban on newspapers violates the First Amendment to the United States Constitution. Plaintiff is awarded $1.00 in damages. Plaintiff's request for injunctive relief is denied as moot. Fee petitions are to be filed by 8/12/2015. Status hearing set for 8/19/2015 at 9:00 AM. Mailed notice. (pjg, ) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

102

Judgment - AO450

July 15, 2015

July 15, 2015

PACER
103

Bill of Costs

Aug. 4, 2015

Aug. 4, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 4, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate in the Cook County Jail who was not allowed to have a newspaper in jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cook County Department of Corrections (Chicago, Cook), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1.00

Issues

General:

Mail

Type of Facility:

Government-run