Barnes v. Jeffreys
Plaintiff: Marcus Barnes, Corey Crowe, Joshua Huddleston, David Easton, Mark Faller, Paul Hubbard, Christopher Shelton, Columbo Galindo, Kenneth Schroeder, Andra Sampson, Wade Council, Fredrick Chamblis, Joshua Atkins, Dana Monson, John Margarella, Kenneth Green and Jonathan Sparks
Defendant: Director of IDOC Rob Jeffreys
Case Number: 1:2020cv02137
Filed: April 5, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Virginia M Kendall
Referring Judge: Manish S Shah
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2020 Opinion or Order Filing 29 ORDER signed by the Honorable Virginia M. Kendall on 6/3/2020. Mailed notice(lk, )
June 1, 2020 Filing 28 MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 6/1/2020. Oral argument heard regarding Plaintiffs' Motion for Preliminary Injunction #25 . For the reasons as stated in open Court, Plaintiffs' Motion for Preliminary Injunction #25 is granted and parties shall submit an agreed Proposed Order to the Court by end of day on 6/1/2020. Plaintiffs' Motion for leave for leave to file a Second Amended Complaint and an Amended Motion for Class Certification Instanter #24 is granted. By agreement of parties, briefing schedule as to Motion for Class Certification is as follows: Defendants response to Plaintiffs' amended Motion Certify Class is due by 6/9/2020; Plaintiffs Reply in support of their Motion to Certify due by 6/16/2020. Plaintiffs' Motion for Summary Judgment shall be filed by 7/1/2020; Defendants response to Plaintiffs Motion for Summary Judgment due by 7/29/2020; Plaintiffs reply in support of Motion for Summary Judgment due by 8/12/2020. Mailed notice. (lk, )
May 27, 2020 Filing 27 MINUTE entry before the Honorable Virginia M. Kendall. Telephonic Motion hearing set for 6/1/2020 at 9:15 AM regarding Motion for Preliminary Injunction. Call in information as as follows: Toll-Free Call-in Number: (877) 848-7030; Conference Access Code: 2413900. Mailed notice (lk, )
May 26, 2020 Opinion or Order Filing 26 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
May 26, 2020 Filing 25 MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for preliminary injunction (Emergency Motion) (Attachments: #1 Exhibit Declaration of Luis Aponte, #2 Exhibit Declaration of Kevin Manson, #3 Exhibit Declaration of Otis Williams)(Nicholas, Adele D.)
May 26, 2020 Filing 24 MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for leave to file a Second Amended Complaint and an Amended Motion for Class Certification Instanter (unopposed motion) (Attachments: #1 Exhibit (Proposed Second Amended Complaint), #2 Exhibit (Proposed Amended Motion for Class Certification))(Nicholas, Adele D.)
May 13, 2020 Filing 23 MOTION by Plaintiffs Joshua Atkins, Marcus Barnes, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks to certify class (Amended Motion) (Nicholas, Adele D.)
May 13, 2020 Opinion or Order Filing 22 ORDER signed by the Honorable Virginia M. Kendall on 5/13/2020. Mailed notice(lk, )
May 6, 2020 Filing 21 MINUTE entry before the Honorable Virginia M. Kendall. Telephonic Hearing held on 5/6/2020 regarding Plaintiffs' Motion for a Preliminary Injunction #17 . Per the discussion held telephonically and on the record, the parties are directed to file a proposed agreed preliminary injunction order as to the plaintiffs specified in the hearing by 5/13/2020. The Court strikes Plaintiffs' motion to certify class #5 . Plaintiffs shall file a revised motion for class certification on or before 5/13/2020. Response due 5/27/2020. Reply due 6/3/2020. Plaintiffs shall file their dispositive motion on or before 6/19/2020. Response due 7/17/2020. Reply due 7/31/2020. Mailed notice (lk, )
May 5, 2020 Filing 20 MEMORANDUM by Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks in support of motion for preliminary injunction, #17 (Attachments: #1 Exhibit, #2 Exhibit)(Nicholas, Adele D.)
May 4, 2020 Filing 19 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion for telephonic hearing #18 regarding Motion for Preliminary Injunction #17 is granted. Telephonic Motion hearing set for 5/6/2020 at 11:30 a.m. The courtroom deputy will contact parties with call in information. Please use the Court's toll free call in number 877 848 7030, conference access code is 2413900. Mailed notice (lk, )
May 1, 2020 Filing 18 MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for hearing re MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Sh #17 (Motion for Urgent Telephonic Hearing) (Nicholas, Adele D.)
April 30, 2020 Filing 17 MOTION by Plaintiffs Joshua Atkins, Fredrick Chamblis, Wade Council, Corey Crowe, David Easton, Mark Faller, Columbo Galindo, Kenneth Green, Paul Hubbard, Joshua Huddleston, John Margarella, Dana Monson, Andra Sampson, Kenneth Schroeder, Christopher Shelton, Jonathan Sparks for preliminary injunction (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Nicholas, Adele D.)
April 28, 2020 Filing 16 First AMENDED complaint by Mark Faller, Jonathan Sparks, Paul Hubbard, David Easton, Kenneth Green, Wade Council, John Margarella, Fredrick Chamblis, Kenneth Schroeder, Joshua Atkins, Columbo Galindo, Christopher Shelton, Dana Monson, Andra Sampson, Corey Crowe, Joshua Huddleston against All Defendants (Nicholas, Adele D.)
April 24, 2020 Opinion or Order Filing 15 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
April 14, 2020 Filing 14 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 7/16/2020 at 9:00 a.m. Joint Status Report due by 7/13/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, )
April 13, 2020 Filing 13 WAIVER OF SERVICE returned executed by Marcus Barnes. Rob Jeffreys waiver sent on 4/6/2020, answer due 6/5/2020. (Nicholas, Adele D.)
April 8, 2020 Filing 12 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Executive Committee on 4/7/2020.(nsf, )
April 8, 2020 Filing 11 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/8/2020 regarding Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction #3 (Dkt. 154 in 20 C 1792). Plaintiff has completed his sentence and remains detained because of the "One Person Per Address" provision in 730 ILCS 5/3-3-7(a)(7.6). This Court has already held that detaining sex offenders long after their period of incarceration has been completed is unconstitutional. See Murphy v. Raoul, 380 F. Supp. 3rd 781 (N.D. Ill. 2019). Here, Plaintiff has found a place to live that will be supportive of his transfer back into the community. The building is operated by Jordan's Dreams, a nonprofit organization aiding individuals in assimilating back into the community. Another sex offender resides in the building already and therefore Defendants will not permit him to reside there. Plaintiff is clearly suffering a constitutional harm each day he is detained past his release date (which is now nearly a year and a half) and that harm can only be remedied by release. In response to the question about what penological or rehabilitative support the Defendants have for the "one Person One Address" provision, Defendants were unable to give any. The public's interest in only have one sex offender live at one residence is not supported by any testimony, expert opinion, or evidence. Therefore, the Court finds that the statute is unconstitutional as it applies to Plaintiff and Defendants are enjoined from prohibiting his release to the address presented by Plaintiff. To the extent that the COVID-19 situation in the facility plays a factor, it is only minor at this stage because of the speculative nature of the claim that he could be harmed. Yet certainly, being held in a facility where he may be exposed to the virus is not taken lightly, his real harm at this stage is his continued incarceration beyond his release date when he has a suitable location to live.Mailed notice (lk, )
April 8, 2020 Filing 10 ATTORNEY Appearance for Defendant Rob Jeffreys by Michael T. Dierkes (Dierkes, Michael)
April 7, 2020 Filing 9 ATTORNEY Appearance for Defendant Rob Jeffreys by Sunil Shashikant Bhave (Bhave, Sunil)
April 7, 2020 Filing 8 ATTORNEY Appearance for Defendant Rob Jeffreys by Sarah Hughes Newman (Newman, Sarah)
April 7, 2020 Filing 7 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion to reassign case 20 C 2137 to Judge Kendall based on relatedness (Dkt. 165 in 16 C 11471) is granted. Case 20 C 2137 shall be reassigned to Judge Kendall based on relatedness, as both that case and the instant case, 16 C 11471, rely on the same or similar facts and law. Telephonic Status/Motion hearing set 4/8/2020 at 10:45 AM (courtroom 2503). Call in information as as follows: Toll-Free Call-in Number: (877) 848-7030; Conference Access Code: 2413900.Mailed notice (lk, )
April 6, 2020 Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (nsf, )
April 6, 2020 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (axc, )
April 6, 2020 Filing 5 MOTION by Plaintiff Marcus Barnes to certify class (Nicholas, Adele D.)
April 5, 2020 Filing 4 ATTORNEY Appearance for Plaintiff Marcus Barnes by Mark G. Weinberg (Weinberg, Mark)
April 5, 2020 Filing 3 MOTION by Plaintiff Marcus Barnes for temporary restraining order and preliminary injunction (Attachments: #1 Exhibit Declaration of Delshay McDaniel)(Nicholas, Adele D.)
April 5, 2020 Filing 2 ATTORNEY Appearance for Plaintiff Marcus Barnes by Adele D. Nicholas (Nicholas, Adele D.)
April 5, 2020 Filing 1 COMPLAINT filed by Marcus Barnes; Filing fee $ 400, receipt number 0752-16912248. (Attachments: #1 Civil Cover Sheet)(Nicholas, Adele D.)

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Search for this case: Barnes v. Jeffreys
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Plaintiff: Marcus Barnes
Represented By: Mark G. Weinberg
Represented By: Adele D. Nicholas
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Plaintiff: Corey Crowe
Represented By: Adele D. Nicholas
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Plaintiff: Joshua Huddleston
Represented By: Adele D. Nicholas
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Plaintiff: David Easton
Represented By: Adele D. Nicholas
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Plaintiff: Mark Faller
Represented By: Adele D. Nicholas
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Plaintiff: Paul Hubbard
Represented By: Adele D. Nicholas
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Plaintiff: Christopher Shelton
Represented By: Adele D. Nicholas
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Plaintiff: Columbo Galindo
Represented By: Adele D. Nicholas
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Plaintiff: Kenneth Schroeder
Represented By: Adele D. Nicholas
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Plaintiff: Andra Sampson
Represented By: Adele D. Nicholas
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Plaintiff: Wade Council
Represented By: Adele D. Nicholas
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Plaintiff: Fredrick Chamblis
Represented By: Adele D. Nicholas
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Plaintiff: Joshua Atkins
Represented By: Adele D. Nicholas
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Plaintiff: Dana Monson
Represented By: Adele D. Nicholas
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Plaintiff: John Margarella
Represented By: Adele D. Nicholas
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Plaintiff: Kenneth Green
Represented By: Adele D. Nicholas
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Plaintiff: Jonathan Sparks
Represented By: Adele D. Nicholas
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Defendant: Director of IDOC Rob Jeffreys
Represented By: Sarah Hughes Newman
Represented By: Michael T. Dierkes
Represented By: Sunil Shashikant Bhave
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