The court partially granted the petitioners' request for a TRO, requiring improved conditions in the jail while also denying relief with regards to provision of PPE to all detainees, the hiring of more medical staff, and the transfer of prisoners detained in "tiers where a detainee has tested positive." The case was brought on behalf of persons in pretrial detention at Cook County Jail, specifically those who are at risk due to age/pre-existing conditions. The TRO granted by the court included requirements such as a better testing regime, provision of cleaning supplies, and implementation of social distancing measures (specifically by ceasing "the use of crowded 'bullpens' holding multiple detained persons at intake"). The court also required masks to be provided to those who are infected or quarantined and that frequently used facilities like "showers, bathrooms, and dayrooms" be regularly sanitized.
Mays v. Dart, 1:20-cv-2134, 2020 WL 1812381 (N.D. Ill. Apr. 9, 2020)
DETAILS
Decision
Date
4/9/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Illinois
Type of Case
Class Action
Case Characteristics
Parole or Probation Violations, 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
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The TRO required the Sheriff to implement "a Sheriff's Office policy to implement prompt testing for detained persons exhibiting symptoms of coronavirus disease" and to enforce social distancing by ceasing "the use of crowded 'bullpens' holding multiple detained persons at intake." The order also mandated the provision of sanitation supplies, the enforcement of "cleaning and sanitation requirements in areas of the Jail accessed in common, such as showers, bathrooms, and day rooms[,]" and the provision of masks to those who are infected or quarantined.
Motions Partially Granted
The conditions specified above were ordered by the judge. However, the court declined to an issue a TRO with regards to petitioners' requests for the provision of PPE to all detainees and the hiring of additional medical staff. They also declined to issue a TRO requiring a subset of detainees to be transferred to another facility.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Subclass A: "[C[onsists of all people who, because of age or previous medical conditions, are at particularly grave risk of harm from COVID-19." Subclass B: "[C]onsists of all people who are currently housed on a tier where someone has already tested positive for the coronavirus."
COVID-19 Positive or Symptomatic
Yes
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.