Cook v. Sheriff of Cook County et al
| Travis Cook |
| Cook County Illinois and Sheriff of Cook County |
| 1:2026cv02435 |
| March 4, 2026 |
| U.S. District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Both |
Docket Report
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| Filing 40 ANSWER to amended complaint and Affirmative Defenses by Sheriff of Cook County(Perrone, Nicholas) |
| Filing 39 ANSWER to amended complaint by Cook County Illinois(Ratner, Jessica) |
| Filing 38 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Cook County's motion to dismiss #32 is denied. In addition to Sheriff Dart, Cook has also named Cook County as a defendant because it is responsible for indemnification under Illinois law and is therefore an indispensable party. See Carver v. Sheriff of LaSalle Cnty., 324 F.3d 947, 948 (7th Cir. 2003); Fed. R. Civ. P. 19. The court has concluded that Cook has stated a claim under the ADA and the Rehabilitation Act, so dismissal is not appropriate for that reason either. Defendant Cook County's answer is due by July 24, 2026. The joint status report as to the progress of fact discovery remains due by December 4, 2026. Mailed notice. (jlj, ) |
| Filing 37 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Sheriff Dart's motion to dismiss #25 is denied. Plaintiff's Amended Complaint asserts two claims under Section 202 of the Americans with Disabilities Act, 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act, 29 U.S.C. 794(a). To state a claim under either statute, a plaintiff must plead facts suggesting that he is a "qualified individual with a disability" who "by reason of such disability" was "denied the benefits of the services, programs, or activities of a public entity." 42 U.S.C. 12132; Brown v. Meisner, 81 F.4th 706, 708-09 (7th Cir. 2023). An allegation that the defendants failed to make reasonable accommodations can state a violation of Title II of the ADA. Id. Here, Cook alleges that he is a disabled resident of the Northern District of Illinois who requires a wheelchair to ambulate; that in October of 2024, while in Cook County Jail, a Sheriff's employee directed that Cook be denied use of a wheelchair other than for travel to and from court appearances; and that the decision to deprive plaintiff of a wheelchair was made in deliberate indifference to plaintiff's continued disability. [Dkt. 16, 2, 8-10.] These allegations satisfy Cook's pleading burden. An allegation that Cook uses a wheelchair is enough to allow for the reasonable inference that he is a qualified individual with a disability. Shaw v. Kemper, 52 F.4th 331, 334 (7th Cir. 2022). And he has plausibly alleged that Defendants intentionally denied him access to a service or programthat is, a wheelchair outside of court appearances. Under the Rehabilitation Act, a "program" includes "all of the operations" of the prison. 29 U.S.C. 794(b)(1)(A). And Title II of the ADA applies to "anything a public entity does." 28 C.F.R. Pt. 35, App. B. United States v. Georgia, 546 U.S. 151, 157 (2006) (observing that the refusal to accommodate disability-related needs for "hygiene" could constitute the denial of a service). Regarding damages, "Rule 8(a)(3) requires plaintiffs to include a 'demand for the relief sought' but does not require damages to be alleged plausibly or with particularity." Ibarra v. Prospera, LLC, 2021 WL 1921015, at *4, (N.D. Ill. May 12, 2021). Here, Cook has included a demand for "appropriate compensatory damages." [Dkt. 16 at 3.] Finally, the court declines to limit Cook's claims to any particular time frame at the pleading stage. Those arguments are more appropriately raised at summary judgment. Defendant Sheriff Dart's answer is due by July 24, 2026. The joint status report as to the progress of fact discovery remains due by December 4, 2026. Mailed notice. (jlj, ) |
| Filing 36 REPLY by Sheriff of Cook County to memorandum in opposition to motion #30 (Perrone, Nicholas) |
| Filing 35 REPLY by Cook County Illinois to response to motion #34 , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cook County Illinois #32 (Kepadia, Heena) |
| Filing 34 RESPONSE by Travis Cook to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cook County Illinois #32 (Flaxman, Kenneth) |
| Filing 33 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to Defendant Cook County's motion to dismiss is due by June 29, 2026 and any reply is due by July 13, 2026. Mailed notice. (jlj, ) |
| Filing 32 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cook County Illinois (Kepadia, Heena) |
| Filing 31 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Cook County's motion to withdraw #28 and for leave to file instanter #29 are granted. The motion for a more definite statement #26 is denied as withdrawn. Defendant Cook County should file its answer as a freestanding docket entry by June 16, 2026. The court neglected to formally impose the briefing schedule that Plaintiff and Defendant Sheriff Dart proposed on May 21, 2026. Plaintiff's response to Defendant Sheriff's Dart's motion to dismiss is due by June 29, 2026 and any reply is due by July 13, 2026. Mailed notice. (jlj, ) |
| Filing 30 MEMORANDUM by Travis Cook in Opposition to Motion to Dismiss for Failure to State a Claim #25 (Flaxman, Kenneth) |
| Filing 29 MOTION by Defendant Cook County Illinois for leave to file its Motion to Dismiss Instanter (Attachments: #1 Exhibit Cook County's Motion to Dismiss Instanter)(Kepadia, Heena) |
| Filing 28 MOTION by Defendant Cook County Illinois to withdraw its Motion for More Definite Statement (Kepadia, Heena) |
| Filing 27 ATTORNEY Appearance for Defendant Cook County Illinois by Heena Kepadia (Kepadia, Heena) |
| Filing 26 MOTION by Defendant Cook County Illinoisfor more definite statement opposed (Ratner, Jessica) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Sheriff of Cook County (Perrone, Nicholas) |
| Filing 24 MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. For the reasons stated on the record, Defendants Dart and Cook County's opposed joint combined motion to (1) vacate this court's May 11, 2026, order, (2) briefing on Cook County's motion for a more definite statement (3) extend time for defendants' responsive pleadings #21 is granted in part and denied in part. The amended complaint at Dkt. #16 shall stand as the operative pleading. Defendants Cook County and Dart shall file their responsive pleadings or answers by May 21, 2026. If any motion is filed, the parties shall include a proposed briefing schedule on that motion. Rule 26(a)(1) disclosures shall be served by June 9, 2026. Initial written discovery requests may issue beginning on June 25, 2026. Any requests to amend the pleadings must be made by August 17, 2026. All fact discovery shall be noticed in time for completion by December 18, 2026. December 4, 2026, the parties shall file a joint status report as to the progress of fact discovery including whether fact discovery can close on time. If so, the report must propose an expert discovery schedule if any party anticipates the need for expert discovery. Mailed notice. (jlj, ) |
| Filing 23 STATUS Report [JOINT[ by Travis Cook (Flaxman, Kenneth) |
| Filing 22 MINUTE entry before the Honorable Lindsay C. Jenkins: The matter is set for a telephonic status hearing on May 14, 2026 at 9:15 am. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) |
| Filing 21 MOTION by Defendants Cook County Illinois, Sheriff of Cook County to vacate order on motion for extension of time to answer,, terminate deadlines,, set deadlines, #14 Defendants' Dart and Cook County's Joint Opposed Motion to Vacate May 11, 2026 Order, Reinstate Briefing, and Extend Responsive Pleading Deadline (Ratner, Jessica) |
| Filing 20 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' unopposed motion for an extension of time #19 is granted. Defendant's motion for a more definite statement #15 is denied as moot. The prior briefing schedule is stricken. Defendants' responsive pleading is now due by May 21, 2026, and if Defendants file a motion, they must propose an agreed briefing schedule. Mailed notice. (jlj, ) |
| Filing 19 MOTION by Defendant Sheriff of Cook County for extension of time to file answer or otherwise plead UNOPPOSED (Perrone, Nicholas) |
| Filing 18 MINUTE entry before the Honorable Lindsay C. Jenkins: The court overlooked that it re-set the deadline for the parties' initial status report in docket entry #14 . The initial status report is due by May 13, 2026. Mailed notice. (jlj, ) |
| Filing 17 MINUTE entry before the Honorable Lindsay C. Jenkins: The parties did not file their joint initial status report by May 6, 2026. By May 13, 2026, the parties are directed to submit their Rule 26(f) planning report that proposes a fact discovery schedule for the court to impose. The report must include dates for: Rule 26(a)(1) disclosures; written discovery to issue; any amendments to the pleadings; and a date for all fact discovery to be noticed by. The report should also indicate whether the parties anticipate the need for expert discovery in the case. Defendants have filed a motion for a more definite statement and Plaintiff filed an amended complaint. The amended complaint, much like the original complaint, is just 12 paragraphs long and does not appear to be aimed at the issues raised by Defendant's motion. Plaintiff has until May 21, 2026 to file its opposition to the motion for a more definite statement and Defendant may reply by May 28, 2026. The May 13, 2026 initial status hearing is stricken and will be reset at a later date. Mailed notice. (jlj, ) |
| Filing 16 AMENDED complaint by Travis Cook against All Defendants (Flaxman, Kenneth) |
| Filing 15 MOTION by Defendant Cook County Illinoisfor more definite statement (Ratner, Jessica) |
| Filing 14 MINUTE entry before the Honorable Lindsay C. Jenkins: The unopposed motion for an extension of time #13 is granted. Defendant Cook County's answer or responsive pleading is now due by May 8, 2026. The parties initial status report is now due by May 12, 2026 (instead of May 6, 2026). Mailed notice. (jlj, ) |
| Filing 13 MOTION by Defendant Cook County Illinois for extension of time to file answer regarding complaint #1 First, Unopposed (Ratner, Jessica) |
| Filing 12 ATTORNEY Appearance for Defendant Cook County Illinois by Jessica Denise Ratner (Ratner, Jessica) |
| Filing 11 WAIVER OF SERVICE returned executed by Sheriff of Cook County. Sheriff of Cook County waiver sent on 3/9/2026, answer due 5/8/2026. (Perrone, Nicholas) |
| Filing 10 ATTORNEY Appearance for Defendant Sheriff of Cook County by Nicholas John Perrone (Perrone, Nicholas) |
| Filing 9 SUMMONS Returned Executed by Travis Cook as to Cook County Illinois on 3/13/2026, answer due 4/3/2026. (Flaxman, Joel) |
| Filing 8 SUMMONS Issued (Court Participant) as to Defendant Cook County Illinois (ee, ) |
| Filing 6 MINUTE entry before the Honorable Lindsay C. Jenkins: In person initial status hearing set for May 13, 2026 at 9:00 a.m. in Courtroom 2119. Initial Status Report shall be filed by May 6, 2026. The report should comply with the requirements set forth in the Initial Status Report standing order, which can be found at Judge Jenkins's web page @ (http://www.ilnd.uscourts.gov, "District Judges", to "Judge Lindsay Jenkins", to "Initial Status Hearings" under Case Management Procedures"). The parties must follow all the standing orders for Judge Jenkins and all Local Rules, which can be found at the same web page. At the Initial Status hearing, 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; and (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. Mailed notice. (jlj, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mam, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category Heather K. McShain). (mam, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Travis Cook by Inaara Tajuddin (Tajuddin, Inaara) |
| Filing 4 ATTORNEY Appearance for Plaintiff Travis Cook by Joel A. Flaxman (Flaxman, Joel) |
| Filing 3 ATTORNEY Appearance for Plaintiff Travis Cook by Kenneth N Flaxman (Flaxman, Kenneth) |
| Filing 2 CIVIL Cover Sheet (Flaxman, Kenneth) |
| Filing 1 COMPLAINT filed by Travis Cook; Jury Demand. Filing fee $ 405, receipt number AILNDC-24805638.(Flaxman, Kenneth) |
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