University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Rogers v. Sheriff of Cook County JC-IL-0053
Docket / Court 1:15-cv-11632 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Case Summary
On December 23, 2015, the plaintiff, a prisoner in the Cook County jail, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff later amended the complaint twice, adding two plaintiffs and to seeking class-action certification. The plaintiffs, represented ... read more >
On December 23, 2015, the plaintiff, a prisoner in the Cook County jail, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff later amended the complaint twice, adding two plaintiffs and to seeking class-action certification. The plaintiffs, represented by private counsel, sued both the Sheriff of Cook County in his official capacity and Cook County itself for damages under Section 202 of the Americans with Disabilities Act, 42 U.S.C. § 12132; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a); and 42 U.S.C. § 1983. The plaintiffs alleged that the Cook County Jail's policy of forced tapering of inmates participating in opioid antagonist therapy caused them great physical pain and thereby deprived them of their Eighth and Fourteenth Amendment rights. The plaintiffs sought class-action certification and compensatory damages for their pain and suffering. The case was assigned to Judge Edmond E. Chang.

The named plaintiffs all entered the Cook County Jail between late 2013 to early 2014. During that time, the plaintiffs informed intake personnel of their enrollment in opioid antagonist therapy. Each experienced extremely painful withdrawal symptoms after administration of their prescribed medical treatment was delayed. One entered the jail on January 20, 2014, and did not receive treatment until January 26, 2014. The second entered the jail on December 23, 2013, and did not receive treatment until December 25, 2013. The third entered the jail on September 12, 2013, and did not receive treatment until September 20, 2013.

The defendants filed a motion to dismiss the claims, but Judge Chang denied the motion on June 27, 2016. Judge Chang noted that the plaintiffs may face difficulty in proving their claim, but declined to evaluate the facts at that stage of the litigation.

On November 29, 2020, the court granted class certification for the plaintiffs’ Eighth and Fourteenth Amendment claims and denied class certification for the plaintiffs’ Americans with Disabilities Act and Rehabilitation Act claims. 2020 WL 7027556. The court held that the plaintiffs’ Eighth and Fourteenth Amendment claims raised “questions that are necessarily common to all class members,” such as Cook County Jail officials’ state of mind when developing the tapering policy, whereas the plaintiffs’ ADA and Rehabilitation Act claims required individualized determinations. The court divided the class it into two classes: “Pre-trial Detainees” consisted of all pre-trial detainees who entered the Cook County Jail between December 23, 2013 and October 7, 2019 and who were lawfully taking an opioid antagonist when they entered. ; “Post-sentence Prisoners” consisted of all post-sentencing prisoners who were lawfully taking an opioid antagonist when they entered the Cook County Jail between the same time period.

This case is ongoing.

Kevin Longhany - 10/18/2019
Becca Rogers - 12/19/2020


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
Defendant-type
Corrections
Jurisdiction-wide
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Rehabilitation
Medical/Mental Health
Medication, administration of
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
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.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Cook County
Sheriff's Office
Plaintiff Description Prisoners who were subjected to Defendants' opioid "tapering policy" while inmates at the Cook County Jail.
Class action status sought Yes
Class action status granted Granted
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 12/23/2015
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
N.D. Ill.
11/29/2020
1:15-cv-11632
JC-IL-0053-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Ill.
12/23/2015
Complaint [ECF# 1]
JC-IL-0053-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
11/21/2016
Plaintiff's Motion to Certify Case as a Class Action [ECF# 74]
JC-IL-0053-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
09/29/2017
Order [ECF# 90]
JC-IL-0053-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
10/06/2017
Confidentiality Order [ECF# 91]
JC-IL-0053-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
03/29/2019
Order [ECF# 132]
JC-IL-0053-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
03/30/2019
Second Amended Complaint [ECF# 133]
JC-IL-0053-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ill.
11/29/2020
Memorandum Opinion and Order [ECF# 178] (2020 WL 7027556)
JC-IL-0053-0007.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Chang, Edmond E-Min (N.D. Ill.) show/hide docs
JC-IL-0053-0004 | JC-IL-0053-0005 | JC-IL-0053-0006 | JC-IL-0053-0007 | JC-IL-0053-9000
Plaintiff's Lawyers Flaxman, Kenneth N. (Illinois) show/hide docs
JC-IL-0053-0001 | JC-IL-0053-0002 | JC-IL-0053-0003 | JC-IL-0053-9000
Flaxman, Joel A. (Illinois) show/hide docs
JC-IL-0053-9000
Defendant's Lawyers Bonner, David Lee (Illinois) show/hide docs
JC-IL-0053-9000
Cargie, Thomas E. (Illinois) show/hide docs
JC-IL-0053-9000
Chandler, James J. (Illinois) show/hide docs
JC-IL-0053-9000
Dombrowski, Gerald Michael (Illinois) show/hide docs
JC-IL-0053-9000
Henretty, Lyle Kevin (Illinois) show/hide docs
JC-IL-0053-9000
Morris, Patrick Daniel (Illinois) show/hide docs
JC-IL-0053-9000
Power, John M. (Illinois) show/hide docs
JC-IL-0053-9000
Scheller, Jessica Megan (Illinois) show/hide docs
JC-IL-0053-9000
Sorich, Michael Jude (Illinois) show/hide docs
JC-IL-0053-9000
White, Meghan Domenica (Illinois) show/hide docs
JC-IL-0053-9000
Zecchin, Anthony E. (Illinois) show/hide docs
JC-IL-0053-9000

- click to show/hide ALL -

new search
page permalink

- top of page -