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Case Name Money v. Pritzker PC-IL-0050
Docket / Court 1:20-cv-02093 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Special Collection COVID-19 (novel coronavirus)
Attorney Organization Loevy & Loevy
Uptown People's Law Center
Case Summary
COVID-19 Summary: This is a class action brought on behalf of prisoners in the Illinois Department of Corrections seeking various types of relief in light of COVID-19. The plaintiffs alleged that as people in groups who are particularly vulnerable to the virus, they were exposed to a heightened ... read more >
COVID-19 Summary: This is a class action brought on behalf of prisoners in the Illinois Department of Corrections seeking various types of relief in light of COVID-19. The plaintiffs alleged that as people in groups who are particularly vulnerable to the virus, they were exposed to a heightened risk of COVID-19. The judge denied the plaintiff's request for a temporary restraining order and a preliminary injunction.
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On April 2, 2020, a group of prisoners filed this class action lawsuit against the Governor of Illinois and the Illinois Department of Corrections in the U.S. District Court for the Northern District of Illinois. Represented by the Uptown People's Law Center, Equip for Equality, the MacArthur Justice Center at Northwestern University, the Illinois Prison Project, and Loevy & Loevy, the plaintiffs sued under 42 U.S.C. § 1983 for violations of their Eighth Amendment and Fourteenth Amendment rights, and for violations of the the Americans with Disabilities Act ("ADA") (42 U.S.C. §§ 12111 et seq.). The plaintiffs requested that a special master be appointed and for the following actions with respect to six different subclasses of prisoners:

-subclass 1 (those with underlying medical conditions): immediate medical furlough
-subclass 2 (those who were medically vulnerable because they were over 55 years old and eligible for medical furlough): immediate medical furlough
-subclass 3 (those over 55 with less than one year remaining in their sentences, who were eligible for home detention): immediate transfer to home detention
-subclass 4 (those currently in custody for Class 2, 3, or 4 offenses who were eligible for home detention): immediate transfer to home detention
-subclass 5 (those currently in custody for Class 1 or Class X offenses with less than 90 days remaining on their sentences who were eligible for home detention): immediate transfer to home detention
-subclass 6 (those in custody scheduled to be released within 180 days who were eligible to receive sentencing credit): immediate award of 180 days of sentencing credit.

The same plaintiffs filed a similar case for habeas relief. For more details, see here in the Clearinghouse.

The case was assigned to Judge Steven Seeger, but Judge Robert M. Dow, Jr. was assigned as an emergency judge.

Immediately, the plaintiffs filed a motion to certify the class and an emergency motion for a temporary restraining order or a preliminary injunction, seeking for the court to preliminarily certify subclasses 1 and 2, and to order the defendants to transfer members of both subclasses to their homes to self isolate.

The parties submitted briefing on April 6 specifically addressing how the Prison Litigation Reform Act ("PLRA") applied to the relief sought for subclasses 1 and 2. The plaintiffs argued that the relief sought met the PLRA requirements of being narrowly drawn, extending no further than necessary to correct the violation of their rights, and was the least intrusive means. Conversely, the defendants argued that the court should not provisionally certify subclasses 1 and 2 because the plaintiffs had not exhausted their administrative remedies as required by the PLRA, they were unlikely to succeed on the merits of their Eighth Amendment and ADA claims, and they had not demonstrated more than a possibility or harm.

On April 10, Judge Dow released an order denying the plaintiff's motion for a temporary restraining order or preliminary injunction. He concluded that the PLRA barred the court from granting the temporary restraining order, finding that the plaintiff's request amounted to a prisoner release order under the terms of the PLRA. Under the PLRA, there must have been a previous court order that the defendant's failed to comply with, the release order must be issued by a three-judge court, and the preliminary injunctive relief must be narrowly drawn. The court held that the plaintiff's request for a temporary restraining order or preliminary injunction did not meet these requirements of the PLRA. The course also denied granting class certification of subclasses 1 and 2 because each plaintiff within each class was so fundamentally different that the commonality requirement for class certification could not be met.

On April 29, the defendants filed a motion to dismiss, stating that the plaintiffs had failed to plead a plausible claim on the merits.

The case is ongoing.

Caitlin Kierum - 05/09/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Due Process: Substantive Due Process
Defendant-type
Corrections
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Medical/Mental Health
COVID-19 Release Denied
COVID-19 Release Requested
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) State of Illinois
Plaintiff Description Prisoners of the Illinois Department of Corrections
Indexed Lawyer Organizations Loevy & Loevy
Uptown People's Law Center
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 04/02/2020
Case Ongoing Yes
Case Listing PC-IL-0051 : Money v. Jeffreys (N.D. Ill.)
Additional Resources
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Docket(s)
1:20-cv-02093 (N.D. Ill.)
PC-IL-0050-9000.pdf | Detail
Date: 05/01/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1-2]
PC-IL-0050-0001.pdf | Detail
Date: 04/02/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion and Memorandum in Support of Class Certification [ECF# 8]
PC-IL-0050-0002.pdf | Detail
Date: 04/02/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [ECF# 9]
PC-IL-0050-0003.pdf | Detail
Date: 04/02/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Submission on the Applicability and Effect of 18 U.S.C. § 3626 [ECF# 24]
PC-IL-0050-0005.pdf | Detail
Date: 04/06/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Submission on the Applicability and Effect of 18 U.S.C. § 3626 [ECF# 24]
PC-IL-0050-0006.pdf | Detail
Date: 04/06/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Opposition to Plaintiffs' Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [ECF# 26]
PC-IL-0050-0004.pdf | Detail
Date: 04/06/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Reply in Support of Their Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [ECF# 28]
PC-IL-0050-0007.pdf | Detail
Date: 04/08/2020
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 38] (2020 WL 1820660) (N.D. Ill.)
PC-IL-0050-0008.pdf | WESTLAW | Detail
Date: 04/10/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Complaint with Prejudice [ECF# 44]
PC-IL-0050-0009.pdf | Detail
Date: 04/29/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum in Support of Motion to Dismiss with Prejudice [ECF# 45]
PC-IL-0050-0010.pdf | Detail
Date: 04/29/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Dow, Robert Michael Jr. (N.D. Ill.) show/hide docs
PC-IL-0050-0008
Seeger, Steven Charles (N.D. Ill.) show/hide docs
PC-IL-0050-9000
Plaintiff's Lawyers Antholt, Amanda C. (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Bedi, Sheila A. (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
del Valle, Vanessa (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Grady, Sarah (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Mazur, Elizabeth N (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Mills, Alan S. (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Reed, Samantha (Illinois) show/hide docs
PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Schult, Nicole (Illinois) show/hide docs
PC-IL-0050-9000
Shapiro, Carolyn E. (Illinois) show/hide docs
PC-IL-0050-9000
Soble, Jennifer (Illinois) show/hide docs
PC-IL-0050-0001 | PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Weil, Steve (Illinois) show/hide docs
PC-IL-0050-0002 | PC-IL-0050-0003 | PC-IL-0050-0005 | PC-IL-0050-0006 | PC-IL-0050-0007 | PC-IL-0050-9000
Defendant's Lawyers Raoul, Kwame (Illinois) show/hide docs
PC-IL-0050-0004 | PC-IL-0050-0009 | PC-IL-0050-0010
Rees, R. Douglas (Illinois) show/hide docs
PC-IL-0050-0004 | PC-IL-0050-0009 | PC-IL-0050-0010 | PC-IL-0050-9000
Shannon, Colleen Marie (Illinois) show/hide docs
PC-IL-0050-0004 | PC-IL-0050-0009 | PC-IL-0050-0010 | PC-IL-0050-9000
Staley, Nicholas Scott (Illinois) show/hide docs
PC-IL-0050-0004 | PC-IL-0050-0009 | PC-IL-0050-0010 | PC-IL-0050-9000
Other Lawyers Bishop-Jenkins, Jennifer (Illinois) show/hide docs
PC-IL-0050-9000
McQuaid, Matthew John (Illinois) show/hide docs
PC-IL-0050-9000

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