Holmes et al v. Godinez et al
| Illinois Northern District Court | |
| Judge: | Marvin E Aspen |
| Case #: | 1:11-cv-02961 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | May 04, 2011 |
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Service List
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Defendant
Rachel McKinzie
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Defendant
Salvador A Godinez
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Plaintiff
Aaron Winfert
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Plaintiff
Billy Johnson
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Plaintiff
Curtis Foster
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Plaintiff
Curtis Halterman
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Plaintiff
Daniel Baxter
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Plaintiff
Daniel Lord
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Plaintiff
George Childress
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Plaintiff
Hannibal Eason
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Plaintiff
Jason Wright
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Plaintiff
Ralph Holmes
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Plaintiff
Wendell Lancaster
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Respondent
Illinois Department Of Corrections
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GPO
Oct 08 2015
MEMORANDUM OPINION AND ORDER: As explained herein, Defendant's motion to exclude the expert testimony Elizabeth Stanosheck as unreliable is denied with prejudice and his motion to exclude her testimony as Cumulative is denied without prejudice. In addition, we find that Plaintiffs have satisfied the class certification requirements of Rules 23(a) and 23(b)(2). Daniel Baxter and Curtis Foster, however, are inadequate class representatives and are dismissed from the case. Plaintiffs' motion for class certification is granted with our modification to the class definition as stated in Section II(B) of our discussion. Finally, Defendant's motion for summary judgment is denied in part and granted in part. Summary Judgment is denied as to Counts I (ADA), II (Rehabilitation Act), III (RLUIPA), V (free exercise), and VIII (due process), and is granted as to Counts IV (free speech) and VII (equal protection). As for Count VI (cruel and unusual punishment), summary judgment is granted to the extent the claim is based on Plaintiffs' allegations that IDOC placed them in communicative isolation and failed to notify them of non-emergency events, and is denied as to Plaintiffs' allegations that IDOC failed to notify them of emergency events and to provideadequate medical care. Accordingly, Counts IV and VII are dismissed, as are the aspects of Count VI related to communicative isolation and non-emergency notifications. The case will proceed as a class action on Counts I, II, III, V, VIII, and the remaining aspects of Count VI. Signed by the Honorable Marvin E. Aspen on 10/8/2015. Mailed notice. (mgh, ) |
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GPO
Aug 02 2016
MEMORANDUM Opinion and Order. Presently before us are eight motions in limine filed by the parties in preparation for trial. We deny the parties' motions 323, 324, 325, 326, 329, 330 but reopen discovery for sixty days for the limited purposes outlined below. The status date of August 25, 2016 is stricken and reset to December 8, 2016 at 10:30 a.m. It is so ordered. Signed by the Honorable Marvin E. Aspen on 8/2/2016. Mailed notice(ntf, ) |
| 1. | Judge grants class-action status in deaf prisoners lawsuit (chicagotribune.com) |
| Submitted Tue 10/13/2015 | |
| Docket last updated: 10/13/2015 3:17 PM CDT |
| Wednesday, May 04, 2011 | ||
| CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (nsf, ) | ||
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COMPLAINT filed by Curtis Halterman, Jason Wright, George Childress, Billy Johnson, Daniel Lord, Daniel Baxter, Wendell Lancaster, Hannibal Eason, Ralph Holmes, Aaron Winfert, Curtis Foster; Filing fee $ 350, receipt number 0752-5965009.(Michels, Robert)
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CIVIL Cover Sheet (Michels, Robert)
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ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Robert L. Michels (Michels, Robert)
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SUMMONS Issued as to Defendants Salvador A Godinez, Rachel McKinzie. (mb, )
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