EXHIBIT A

Case: 1:20-cv-02134 Document #: 115-1 Filed: 06/03/20 Page 1 of 7 PageID #:3003
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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ANTHONY MAYS, Individually and on behalf ) 

of a class of similarly situated persons; and )

JUDIA JACKSON, as next friend of KENNETH )

FOSTER, Individually and on behalf of a class )

of similarly situated persons, ) Case No. 1:20-cv-2134

)

Plaintiffs-Petitioners, ) The Hon. Matthew F. Kennelly

) Emergency Judge

v. )

) The Hon. Robert Gettleman

THOMAS J. DART, Sheriff of Cook ) Presiding Judge

County, )

) The Hon. David Weisman

Defendant-Respondent. ) Magistrate Judge

PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION 

TO DEFENDANT SHERIFF THOMAS DART

NOW COME the Plaintiffs, ANTHONY MAYS and JUDIA JACKSON, the next friend 

of KENNETH FOSTER, by their undersigned attorneys, and hereby propound the following 

First Set of Requests for Production to Defendant THOMAS DART pursuant to Federal Rule of 

Civil Procedure 34, to be answered on or before June 8, 2020.

DEFINITIONS AND INSTRUCTIONS

1. “Identify” with respect to a person, shall mean to provide that person’s name, 

address, and telephone number; with respect to a Document, “identify” shall mean to provide the 

date of the Document, the author of the Document, the subject matter of the Document, and, where 

applicable, all recipients of the Document; with respect to a Communication, “identify” shall mean 

to provide the date of the Communication, the Person making the Communication, the subject 

matter of the Communication, and all Persons who received the Communication.

2. Any request for a Document is also a request to produce all iterations of that 

Document, including all earlier and all later versions of that Document.

3. If there are no Documents in your possession, custody, or control responsive to a 

particular request, please so state and identify the particular request for which you have no 

responsive Documents in your possession, custody, or control.

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4. If any Documents responsive to Plaintiffs’ discovery requests are known by 

you to exist but are not in your possession, custody, or control, please identify those 

Documents and the Person who has possession, custody, or control thereof.

6. In accordance with the ongoing duty of supplementation pursuant to Rule 26 and in 

light of the emergency and fast-moving nature of the facts relating to the Jail and its response to the 

pandemic, Plaintiffs specifically request supplementation of the responses to each of the requests 

below on a biweekly basis, to the extent new information has emerged, unless otherwise indicated. 

REQUESTS FOR PRODUCTION

Discovery About COVID-19 Testing

1. Documents sufficient to show daily updates on the number of people in the Jail who 

have been tested for COVID-19 (both staff and detainees), and the number of people who have 

tested negative and positive for COVID-19 (both staff and detainees). This request includes, but is 

not limited to, documents sufficient to show the number of tests provided to individuals residing in 

all tiers designated as being on quarantine, see Sheriff’s Compliance Report (“Report”), Ex. K (Dkt.

No. 84-12), between May 6 and the date of these requests, and the results of those tests. This 

response should be supplemented on a weekly basis through the close of fact discovery. 

2. Documents sufficient to show the medical protocols and procedures governing 

COVID-19 testing in the Jail, including, but not limited to, how many testing kits are available as 

of the date of these requests, what symptoms result in a detainee being tested, when exposed 

individuals are tested and based on what metrics, whether asymptomatic detainees are ever tested 

and if so, when and based on what metrics, which pre-existing conditions entitle detainees to priority 

in testing (see Report at 3), and how the Jail determines that a detainee is “recovering,” including, 

for instance, whether detainees are given tests to ensure their negative status.

Discovery about Social Distancing and Vulnerability

3. Documents identifying every person currently housed in the RTU (Division 8), and 

within Cermak Hospital. This list should include, at least, each person’s name, age, booking 

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number, bond status/amount, housing location, and their medical designation, as used by the Sheriff 

in his Compliance Report filed on May 1 (i.e., M3, M4, P3, and P4, see Report at 15-16). This 

response should be supplemented on a weekly basis through the close of fact discovery.

4. Documents sufficient to show updates to the Sheriff’s Daily Bookings Report (Miller 

Decl., Ex. C. to Report, Ex. 2 (Dkt. No. 84-4), from May 1 to the date of these requests. This 

response should be supplemented on a weekly basis until the close of fact discovery.

5. Documents sufficient to show weekly updates to the Sheriff’s Tier Occupancy 

Report (Ex. K, Dkt. No. 84-12), including:

a. A list of tier and occupancy information including but not limited to Division, 

Facility, Tier, Capacity, Occupancy, Percent Occupied, Tier Type, 

Quarantine/Isolation status, First Quarantine, and Projected Quarantine End 

Date; and

b. The location(s) (divisions and tiers) of people who are assigned to “PREA” 

housing in the Jail, as well as the capacity and occupancy information for those 

locations.

This response should be supplemented until the close of fact discovery.

6. For any detainee who the Sheriff claims is not subject to the Preliminary Injunction

Order’s prohibition on group housing (i.e., dormitory housing above 50% capacity) and double 

celling, please provide any and all documentation that exists in support of this contention, separately 

for each such detainee. This request includes anyone the Sheriff contends presents “a risk of suicide 

or self-harm,” as well as anyone housed in a unit “equipped for medical or mental health treatment” 

AND where there is “not available space in an appropriate housing or medical unit that permits full 

social distancing.” Preliminary Injunction Order (Dkt. No. 74) at 3. The requested documentation 

includes but may not be limited to each applicable detainee’s current location (division and tier) 

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within the Jail, medical and Jail records sufficient to show why the detainee presents a risk of suicide 

or self-harm (i.e., diagnosis information or information contained on a detainee’s health “problem 

list”), and information sufficient to show that there is no available space in an appropriate housing 

or medical unit that would permit social distancing per the Court’s Order. This response should be 

supplemented on a weekly basis through the close of fact discovery.

7. Closed Circuit (CCTV) footage of the following tiers, captured between 8 a.m. and 

6 p.m. on May 28, 2020:

a. Division 10, 1C

b. Division 11, DF: Quarantine

c. Division 2, D3, EE

d. Division 4, N2

e. Division 5, 2B

f. Division 6, 1A: Quarantine

g. Division 8, 2N

h. Division 8, 2F (RTU): Quarantine

i. Division 8, 4H (RTU)

j. Division 8, 2S (Cermak)

k. Division 9, 2A

Discovery about PPE and Sanitation 

8. Sanitation inspection logs for each tier and division in the Jail, from May 1 to the 

date of these requests. This response should be supplemented on a weekly basis until the close of 

fact discovery.

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9. Document sufficient to show the provision of soap and/or hand santizer to all Jail 

detainees from May 1 to the date of these requests. This response should be supplemented on a 

weekly basis until the close of fact discovery.

10. Documents sufficient to show the CCSO’s provision of facemasks from May 1 to 

the date of these requests to people in quarantine and to anyone who is not subject to the Court’s 

prohibition on group housing and double celling, in accordance with the Preliminary Injunction 

Order. This response should be supplemented on a weekly basis until the close of fact discovery.

11. Documents sufficient to show the extent of the CCSO’s inventories of facemasks 

so as to satisfy the facemask requirements in the Preliminary Injunction Order. These documents 

should be current as of the date of these requests and this response be supplemented on a weekly 

basis until the close of fact discovery.

General Discovery

12. Any written policies or procedures pertaining to the Jail’s compliance with the 

Court’s Preliminary Injunction Order, Dkt. No. 74, that have not previously been filed with the 

Court. This response should be supplemented as new policies and procedures are implemented 

through the close of fact discovery. 

Respectfully submitted,

/s/ Alexa A. Van Brunt

Locke E. Bowman

Alexa A. Van Brunt

Roderick and Solange MacArthur Justice 

Center

Northwestern Pritzker School of Law

375 E. Chicago Avenue, Chicago, IL 60611

(312) 503-0884

l-bowman@law.northwestern.edu

a-vanbrunt@law.northwestern.edu

Stephen H. Weil

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Sarah Grady

LOEVY & LOEVY

311 N. Aberdeen Street, #3

Chicago, IL 60607

Tel: 312-243-5900

Fax: 312-243-5902

weil@loevy.com

sarah@loevy.com

Charles Gerstein

Alec Karakatsanis

Civil Rights Corps

1601 Connecticut Ave NW, Suite 800

Washington, DC 20009

charlie@civilrightscorps.org

alec@civilrightscorps.org

202-894-6128

Steve Grimes

Thomas F. McAndrew

Winston & Strawn LLP

35 W. Wacker Drive

Chicago, IL 60601-9703

Tel: (312) 558-8317

SGrimes@winston.com

TMcAndrew@winston.com

CERTIFICATE OF SERVICE

I, Alexa Van Brunt, an attorney, hereby certify that on June 1, 2020, I caused a copy of the 

foregoing to be served electronically upon counsel who have filed appearances in the abovecaptioned matter.

/s/ Alexa A. Van Brunt

Alexa A. Van Brunt

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