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Civil Rights Litigation Clearinghouse
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Case Name Bolden v. Stroger PB-IL-0013
Docket / Court 1:03-cv-05617 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Mental Health (Facility)
Public Benefits / Government Services
Case Summary
On August 12, 2003, four pretrial detainees in the Cook County Jail brought this suit in the U.S. District Court for the Northern District Court of Illinois on behalf of those suffering from mental illness while confined. The plaintiffs sued Cook County, the president of the Cook County Board, the ... read more >
On August 12, 2003, four pretrial detainees in the Cook County Jail brought this suit in the U.S. District Court for the Northern District Court of Illinois on behalf of those suffering from mental illness while confined. The plaintiffs sued Cook County, the president of the Cook County Board, the Cook County sheriff, and the Director of the Cook County Department of Health Services under 42 U.S.C. §12101, 42 U.S.C. §1983, and the Americans with Disabilities Act (ADA). The plaintiffs sought injunctive and declarative relief from the defendants' policy and practice of disallowing inmates with mental illness from participating in prerelease programs, claiming that this was in violation of the ADA. The plaintiffs also challenged the defendants' policy of discharging such individuals without providing them medication and referrals to manage their mental illness as violative of the Due Process Clause of Fourteenth Amendment and the ADA.

On September 9, 2003, the defendants moved to dismiss both counts claiming that the plaintiffs failed to exhaust administrative remedies, that three of the defendants did not meet the definition of public entity under the ADA and that the plaintiffs lacked standing to bring their claims. On March 2, 2004, Judge Elaine Bucklo granted defendants' motion to dismiss, holding that the plaintiffs fell under a decree that authorized pre-release programs to alleviate overcrowding in the county jails. The judge held that because the plaintiffs claims were inextricably intertwined to the decree, the original court monitoring that decree was the proper forum to hear a proposed modification. Thus, the complaint was dismissed without prejudice, allowing plaintiffs to refile their claims before the appropriate presiding judges.

The plaintiffs filed a motion to alter and amend the judgment on March 16, 2004 which was initially denied. On May 5, 2004, the plaintiffs appealed this denial to the Seventh Circuit, but on October 26, 2004, Judge Elaine Bucklo granted the plaintiffs' motion for relief and the case was reopened to rule on the previously filed motion to dismiss (the reason for this change is unclear).

On February 1, 2005, Judge Elaine Bucklo granted the defendants' motion and dismissed the case. The court applied an exhaustion requirement to the ADA claim that inmates were prevented from participating in prerelease programs. 2005 WL 283419. The court also found plaintiffs had failed to exhaust administrative remedies and that they lacked standing to bring the claim (all four had been released since the complaint was filed), but did not address the issue of whether defendants were not proper under the ADA.

Abigail DeHart - 02/14/2017


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Defendant-type
Corrections
Disability
Mental impairment
General
Conditions of confinement
Deinstitutionalization/decarceration
Placement in detention facilities
Rehabilitation
Medical/Mental Health
Dementia
Medication, administration of
Mental health care, general
Mental Disability
Depression
Schizophrenia
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Cook County
Plaintiff Description Four detainees who suffered from mental illness and were confined the Cook County Jail while awaiting trial.
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 2003
Case Closing Year 2005
Case Ongoing No
Docket(s)
1:03-cv-05617 (N.D. Ill.)
PB-IL-0013-9000.pdf | Detail
Date: 03/03/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
PB-IL-0013-0001.pdf | Detail
Date:
Source: Bloomberg Law
Memorandum Opinion and Order [ECF# 32] (306 F.Supp.2d 792) (N.D. Ill.)
PB-IL-0013-0002.pdf | WESTLAW| LEXIS | Detail
Date: 03/02/2004
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [dismissal] [ECF# 50] (2005 WL 283419) (N.D. Ill.)
PB-IL-0013-0003.pdf | WESTLAW | Detail
Date: 02/01/2005
Judges Bucklo, Elaine E. (N.D. Ill.)
PB-IL-0013-0002 | PB-IL-0013-0003 | PB-IL-0013-9000
Plaintiff's Lawyers Burnim, Ira Abraham (District of Columbia)
PB-IL-0013-0001 | PB-IL-0013-9000
Mason, Byron L. (Illinois)
PB-IL-0013-0001 | PB-IL-0013-9000
Mathis, Jennifer (District of Columbia)
PB-IL-0013-0001 | PB-IL-0013-9000
Miller, Laura J. (Illinois)
PB-IL-0013-0001 | PB-IL-0013-9000
Redleaf, Diane L. (Illinois)
PB-IL-0013-9000
Seltzer, Tamara Lynn (District of Columbia)
PB-IL-0013-0001 | PB-IL-0013-9000
Taylor, Barry Charlton (Illinois)
PB-IL-0013-0001 | PB-IL-0013-9000
Defendant's Lawyers Brown, Daniel Edward (Illinois)
PB-IL-0013-9000
Garcia, Stephen L. (Illinois)
PB-IL-0013-9000
Hegeman, Louis R. (Illinois)
PB-IL-0013-9000
Roddy, Joseph P. (Illinois)
PB-IL-0013-9000
Sikes, Richard Thomas Jr. (Illinois)
PB-IL-0013-9000

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