The court granted the request for a preliminary injunction (PI), issuing a PI requiring the sheriff to implement policies to improve conditions of the facility under § 1983, while declining to provide habeas relief (in part due to petitioners' failure to exhaust administrative remedies) and any other remedies involving the release or transfer of detained individuals. Petitioners brought a class action suit representing pretrial detainees at the Cook County Jail, due to the conditions at the jail which elevated the risk of exposure to COVID-19. The court built off of a prior TRO and required the Sheriff to implement a rapid testing regime for those who have symptoms or have been exposed to/tested positive for Covid-19. It also required the Sheriff to enforce social distancing via "continued suspension of the use of bullpens and other multiple-person cells or enclosures to hold new detainees awaiting intake." The order also mandated the provision of sanitation supplies, required "sanitization between all uses of frequently touched surfaces and objects" and the provision of masks to those who are infected or quarantined.
Mays v. Dart, 1:20-cv-02134, 2020 WL 1987007 (N.D. Ill. Apr. 27, 2020)
DETAILS
Decision
Date
4/27/2020
Practice Area
Criminal (State Charges)
Relief Requested
Bond Hearing, Class Certification, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Court
State Appellate Court
Location
Illinois
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-02134
MORE CASE INFORMATION
Court Name
N.D. Ill.
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Cook County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The preliminary injunction required the Sheriff to implement a rapid testing regime for those who have symptoms of or have been exposed/tested positive for COVID-19. It also required the Sheriff to enforce social distancing via "continued suspension of the use of bullpens and other multiple-person cells or enclosures to hold new detainees awaiting intake." The order also mandated the provision of sanitation supplies, required "sanitization between all uses of frequently touched surfaces and objects" and the provision of masks to those who are infected or quarantined.
Motions Partially Granted
The court denied relief on the basis of a habeas petition but granted it for the petitioner's § 1983 claim in the context of improving prison conditions; this was in part due to the § 1983 claim being better suited to a class action, specifically the commonality under FRCP 23. The court also declined to convene a three-judge panel to adjucate the petitioners' request for a prison transfer due to overcrowding in the context of COVID-19 since the sheriff had not been provided with "a reasonable time to succeed" in improving prison conditions and complying with prior orders.
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Diabetes, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Conditions not specified
Class Action Medically Vulnerable People
People above the age of 65 or those with pre-existing conditions.
COVID-19 Positive or Symptomatic
Not discussed
Charges
Charges not specified
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.