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, )

)

Plaintiffs-Petitioners, )

)

vs. ) Case No. 20 C 2134

)

THOMAS DART, )

)

Defendant-Respondent. )

PRELIMINARY INJUNCTION

The Court, having found that the plaintiffs in this case have met the criteria for a 

preliminary injunction with regard to at least parts of Count 1 of their complaint, issues 

the following preliminary injunction directing the Sheriff of Cook County as follows

pending trial on the merits:

• The Sheriff shall maintain and carry out a policy requiring prompt coronavirus 

testing of: (1) detained persons who exhibit symptoms consistent with 

coronavirus disease, and (2) at medically appropriate times, detained persons

who have been exposed to others who have exhibited those symptoms or have 

tested positive for coronavirus. With regard to the category (2), the Sheriff must 

acquire and maintain sufficient testing materials so that determination of the 

appropriateness of testing such persons is made pursuant to medical and public 

health considerations and not the availability of testing materials.

• The Sheriff shall enforce social distancing during the new detainee intake 

Case: 1:20-cv-02134 Document #: 74 Filed: 04/27/20 Page 1 of 3 PageID #:2021
process, including continued suspension of the use of bullpens and other 

multiple-person cells or enclosures to hold new detainees awaiting intake.

• The Sheriff shall provide soap and/or hand sanitizer to all detainees in quantities 

sufficient to permit them to frequently clean their hands. 

• The Sheriff shall provide sanitation supplies sufficient and adequate to enable all 

staff and detainees to regularly sanitize surfaces and objects on which the virus 

could be present, including in all areas occupied or frequented by more than one 

person (such as two-person cells, as well as bathrooms, showers, and other 

surfaces in common areas). The Sheriff shall also maintain and carry out a 

policy requiring sanitization between all uses of frequently touched surfaces and 

objects as well as monitoring and supervision to ensure that such sanitization 

takes place regularly.

• The Sheriff shall provide facemasks to all detained persons who are 

quarantined—i.e., those who have been exposed to a detained person who is 

symptomatic (even if not coronavirus-positive). The facemasks must be replaced 

at medically appropriate intervals, and the Sheriff must provide the users with 

instruction on how to use a facemask and the reasons for its use.

• The Sheriff shall establish by no later than April 29, 2020 and shall put into effect

by no later than May 1, 2020 a policy precluding group housing or double celling 

of detained persons, except in the following situations:

o Persons detained in tiers or dormitories currently under quarantine 

following a positive test for the coronavirus within the tier or dormitory 

("quarantine tiers");

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o Detained persons who have tested positive for the coronavirus and are 

under medical observation ("isolation tiers");

o Detained persons who have tested positive for coronavirus and are 

recovering ("convalescent tiers");

o Double-celled or dormitory-housed detainees for whom there is a 

documented determination by a medical or mental health professional that 

single-celling poses a risk of suicide or self-harm;

o Persons detained housed in a dormitory unit that is at less than fifty 

percent capacity; and

o Detained persons committed, at the documented direction of a medical or 

mental health professional, to a group housing unit that is equipped for 

medical or mental health treatment, if but only if there is not available 

space in an appropriate housing or medical unit that permits full social 

distancing. 

• Detained persons housed in any of the listed "acceptable" arrangements must be 

provided with facemasks that are replaced at medically appropriate intervals. 

The detained persons must be provided with instruction on how to use a 

facemask and the reasons for its use. They also must be instructed, at regular 

intervals, on the importance of social distancing.

• On May 1, 2020, the Sheriff shall file a report regarding his compliance with the 

terms of the preliminary injunction.

Date: April 27, 2020

________________________________

MATTHEW F. KENNELLY

 United States District Judge

Case: 1:20-cv-02134 Document #: 74 Filed: 04/27/20 Page 3 of 3 PageID #:2023