IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

ANTHONY MAYS, et al., 

Plaintiffs, 

v. 

THOMAS J. DART, Sheriff of Cook County, 

Defendant. 

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Case No. 20-CV-2134 

Hon. Matthew F. Kennelly, 

in his capacity as Emergency 

Judge 

Hon. Robert W. Gettleman, 

District Court Judge 

Hon. M. David Weisman, 

Magistrate Judge 

DEFENDANT’S POST-PRELIMINARY INJUNCTION REPORT 

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NOW COMES the Defendant, THOMAS J. DART, in his Official Capacity as 

Sheriff of Cook County, and for his Report to the Court following the April 27, 2020 

ruling, states as follows: 

INTRODUCTION 

Following the Court’s April 27, 2020, ruling on Plaintiffs’ Motion for Preliminary 

Injunction, the Court directed Sheriff Dart to file a report regarding his implementation 

of the Court’s directives as outlined in the Order. Dkt. 73, pp. 84-87. The April 27 Order 

converted the terms of the prior temporary restraining order to a preliminary 

injunction, and added an additional directive to implement “full” social distancing in 

the Jail, subject to the six exceptions enumerated in the Order. This Report will 

demonstrate the measures the Sheriff’s Office has taken following the April 27 ruling 

and provide an update on the policies and procedures described in the Post-Ruling 

Report filed on April 13, 2020, and presented at the evidentiary hearing on April 23, 

2020. Dkt. 29-1, Dkt. 41, Dkt. 51, Dkt. 62. 

I. COVID TESTING 

In its April 27 Order, the Court directed the Sheriff to maintain and carry out a 

policy requiring prompt coronavirus testing of: (1) detainees who exhibit symptoms 

consistent with coronavirus disease; and (2) at medically appropriate times, detainees 

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

positive for coronavirus. Dkt. 73, p. 85. This directive is similar to the one issued by the 

Court in its April 9 Order on the temporary restraining order, but the Court has now 

also ordered that “the appropriateness of testing...[must be] made pursuant to medical 

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and public health considerations and not the availability of testing materials,” 

additionally ordering the Sheriff to “acquire and maintain sufficient testing materials” 

to fulfill this purpose. Dkt. 73, p. 85. 

As explained in the Sheriff’s prior filings, Cermak Health Systems administers all 

nasopharyngeal (PCR) and ID Now rapid tests according to its policies and medical 

protocols. Dkt. 51, p. 10. Cermak amended its Outbreak Prevention and Control Policy 

B-01.6 to incorporate protocols for the specific handling and testing of suspected 

COVID-19 cases. Dkt. 51, p. 10; Dkt. 52-2. According to Dr. Concetta Mennella, 

Appendix B to the Outbreak Prevention Policy provides Cermak’s testing protocol to be 

used during the COVID-19 pandemic. Dkt. 51, p. 11; Dkt. 52-2. Appendix B has been 

amended to reflect that the appropriateness of medical testing is not dependent on the 

availability of testing supplies. Ex. A, Cermak B-01.6, Appendix B, Amended. 

Consistent with the Court’s directives, Cermak continues to test symptomatic 

detainees anywhere they may be within the Jail or at intake. Ex. B, Mennella Dec., ¶7. 

Importantly, between March 18 and April 30, 2020, Cermak has administered more than 

1,300 tests, over 1,100 of which were administered to unique individuals.1 Ex. B, 

Mennella Dec., ¶5. 

Dr. Mennella also provided an updated testing protocol for asymptomatic 

detainees (surveillance testing), within quarantine units and elsewhere in the Jail. Ex. B, 

Mennella Dec., ¶8. According to Dr. Mennella, this updated testing protocol is based on 

 

1 Others of these tests are given to detainees who may have received a suspected false positive result, or 

those who are transitioning out of medical isolation and into a convalescent unit. Ex. B, Mennella Dec., 

¶9. 

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guidance from the Centers for Disease Control, the Chicago Department of Public 

Health, and Cook County Health Infection Control. Ex. B, Mennella Dec., ¶6. Dr. 

Mennella stated that surveillance testing is conducted within the Jail’s quarantine units, 

which house those detainees who have possibly been exposed to COVID-positive or 

symptomatic detainees (persons under investigation). Ex. B, Mennella Dec., ¶8. Within 

that population, priority is given to those quarantined detainees who also have preexisting conditions that may put them at greater risk of infection. Ex. B, Mennella Dec., 

¶8. According to Dr. Mennella, Cermak is also testing detainees who enter the Jail upon 

intake; detainees who are being admitted to a Medical or Psychiatric Special Care Unit 

within the Jail, which includes the Residential Treatment Unit (RTU) and the onsite 

Cermak hospital unit, both in Division 8; and detainees who transition to another 

facility, upon the request of that external facility. Ex. B, Mennella Dec., ¶8. 

The Sheriff has worked diligently in the past to have the Jail designated as one of 

the first sites in the nation to receive ID Now rapid testing capabilities. Dkt. 51, p. 7. He 

also facilitated the expedited delivery of rapid-testing technology to Cermak for use at 

the Jail. Dkt. 29-1, pp. 6, 8. However, as the Court has previously recognized, Cermak 

maintains the supplies for medical testing and it alone has the authority to administer 

them. Dkt. 73, p. 11, 12 n.4. The Sheriff does not obtain medical tests on behalf of 

Cermak or control Cermak’s medical operations. Dkt. 47, p. 36. Additionally, any 

decisions about medical recommendations and medical care, including when testing is 

medically appropriate, are made by Cermak alone, upon which the Sheriff is entitled to 

rely. McCann v. Ogle, 9090 F.3d 881, 888 (7th Cir. 2018). While it is possible that testing 

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supply shortages may occur at some point in the future, as has happened in the past on 

a nationwide scale, to date, Cermak has not indicated to the Sheriff that it is in danger of 

exhausting its supply of testing materials. If Cermak seeks the Sheriff’s assistance to 

obtain expedited delivery of testing equipment in the future, he will assist to the extent 

possible, as he has done in the past, by making inquiries of local authorities and 

emergency management agencies as a courtesy. 

Finally, as described more fully in the Sheriff’s Post-Ruling Status Report, the 

Sheriff enacted a policy, effective April 11, 2020, directing his correctional officers to 

refer any detainees with suspected symptoms of COVID-19 to Cermak for further 

evaluation and testing, if Cermak deems it medically appropriate under its testing 

protocols. Dkt. 51, p. 13. Given the Court’s satisfaction with the Sheriff’s compliance on 

this issue (Dkt. 73, p. 67), the Sheriff continues to successfully administer the “COVID19 Health Inquiry Referral for Medical Care, Testing or Other Medical Diagnostics 

Procedure,” which coordinates the actions of DOC staff and Cermak in response to 

situations where COVID-19 symptoms, or other flu-like symptoms, may be present. 

Cermak’s Outbreak Prevention and Control Policy B-01.6 is specifically referenced in 

the Health Inquiry Referral policy. Dkt. 51-6. 

The Sheriff’s staff also will continue to coordinate with Cermak to issue any 

necessary quarantine alerts in the Jail based on Cermak’s evaluations. Dkt. 51-6. If 

Cermak determines that a detainee must be isolated, it will notify the Watch 

Commander, who must then request that the Classification Unit enter a “Quarantine 

Alert” into the jail management system for that tier. Dkt. 51-6. Thus, while the Sheriff’s 

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staff cannot itself make the medical determinations necessary to “require” prompt 

testing of any detainees (Dkt. 73, p. 85), it will promptly notify Cermak that a detainee is 

complaining of or displaying suspected COVID-19 symptoms and facilitate the process 

by which Cermak must determine whether coronavirus testing is medically 

appropriate. Dkt. 51-6.

II. SOCIAL DISTANCING AT INTAKE 

The Court also directed the Sheriff to “enforce social distancing during the new 

detainee intake process, including continued suspension of the use of bullpens and 

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

73, p. 85. As the Court recognized in its Order, the Sheriff “implemented a modified 

procedure that maintains six feet of distance between all detained persons awaiting 

intake and provides them with facemasks. Use of the bullpens was discontinued.” Dkt. 

73, p. 12. Although the Court only initially required social distancing for new detainees 

upon intake into the Jail after being remanded to the Sheriff’s custody, the Sheriff 

voluntarily extended this social distancing practice to arrestees upon their arrival at the 

DOC facility, while they are awaiting bond hearings. Dkt. 51, p. 3. The Court 

acknowledged that the Sheriff “has complied with the TRO by implementing social 

distancing at intake.” Dkt. 73, p. 79. 

The Sheriff continues to implement these social distancing practices for arrestees 

in the Reception Classification and Diagnostic Center (RCDC) upon their arrival at 

DOC, and during the intake process. These arrestees and detainees also are given 

surgical masks to wear as they make their way through these processes. They receive 

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standard verbal screening questions for the presence of COVID-19 symptoms and any 

known contact with an infected person, and have their temperature taken to screen for 

signs of a fever. Dkt. 51, p. 4. If Cermak determines that an arrestee or detainee has a 

fever or suspected COVID-19 symptoms at any point from the time of arrival at RCDC, 

the individual is sent to testing isolation for further medical evaluation by Cermak. Dkt. 

51, p. 4. 

To further prevent the introduction of coronavirus into the Jail, all detainees are 

housed in a quarantine tier for 14 days before joining the general population. 

Furthermore, as described above, pursuant to Cermak’s modified testing protocols, 

these detainees also will receive COVID-19 tests at intake, even if they appear 

asymptomatic. Ex. B, Mennella Dec., ¶8. 

Consistent with the Sheriff’s prior reporting, the number of arrestees arriving at 

the Jail remains very low. On average, between April 12 and April 30, 2020, 

approximately 34 arrestees were booked and released after their bond hearings. During 

the same period, approximately 23 detainees were processed into the Jail after being 

remanded to the Sheriff’s custody. Ex. C, Declaration of Michael Miller. 

The Sheriff previously reported that these modified social distancing practices 

could be maintained while the number of arrestees and detainees remained low. 

However, as noted, a sharp increase in the intake population will affect the Sheriff’s 

ability to maintain these modified processes. In his declaration, Chief of Staff Brad 

Curry attested that the Sheriff’s Office was evaluating a contingency plan to hold 

arrestees and detainees in an unoccupied tier where they would be single-celled as they 

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awaited processing. Dkt. 52-1. To date, it has not been necessary to implement this 

contingency plan. The unoccupied tier remains designated for intake overflow, but that 

may need to be reevaluated in light of the new demands for single-celled housing as a 

result of the new “full” social distancing requirements imposed by the Court’s April 27 

Order, as discussed more fully in section IV below. 

III. SANITATION/PPE 

The Court’s Order also directed the Sheriff to continue his efforts to provide 

adequate sanitation supplies and personal protective equipment (PPE) to detainees 

throughout the Jail. Specifically, the Court ordered the Sheriff to: (A) provide soap 

and/or hand sanitizer to all detainees in quantities sufficient to permit them to 

frequently clean their hands; (B) provide sanitation supplies sufficient to enable all staff 

and detainees to regularly sanitize surfaces and objects on which the virus could be 

present, including frequently-touched surfaces, and to ensure that sanitization occurs 

regularly; and (C) provide facemasks to all detainees in quarantine tiers, replacing them 

when medically appropriate, and provide instruction on use of facemasks. Dkt. 73, p. 

85-86. 

The Court acknowledged that the Sheriff “has complied with the TRO 

by...developing and implementing a plan to distribute soap, sanitizer, and cleaning 

suppliers [sic] more frequently; and providing facemasks to detained persons housed 

on tiers under quarantine.” Dkt. 73, p. 79. The Sheriff enacted the Amended Sanitation 

Guidelines Specific to COVID-19 Procedure, and as the Court noted, these “enhance[d] 

sanitation practices” continue to be diligently carried out. Dkt. 73, p. 56; Dkt. 51-4. 

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The Sheriff’s Office staff has created one integrated chart showing the date and 

time of distribution of soap, facemasks, and sanitation supplies, as well as the quantities 

distributed. Ex. D, Supply Log.2 As previously reported, the Sheriff continues to 

distribute soap and/or hand sanitizer to detainees twice per week. Posted notices and 

video monitors on the tiers and at intake reinforce the need for sanitation and hygienic 

practices to prevent the spread of COVID-19 in the Jail. These notices include signs 

reinforcing the importance of proper hygiene, regular hand washing, and social 

distancing, with illustrations of each. Dkt. 51-3; Ex. G, Presentation to Detainees. These 

notices also include detailed information from the World Health Organization on how 

to properly put on and take off masks, and the importance of wearing masks. Ex. G, 

Presentation to Detainees. 

The Sheriff’s Office staff also continues to distribute sanitation supplies including 

Sanifect, bleach, Clorox wipes, Envirocare, Lysol spray, several times a week as needed 

to enable staff and detainees to sanitize areas where the virus could be present. In 

addition to the regular completion of supply delivery logs and sanitation inspection 

logs maintained by the living unit officers, members of the CCDOC Sanitation Audit 

Team tour all divisions of the Jail and inspect the cleanliness of each area. Ex. C, 

Sanitation Team Divisional Report. Members of the sanitation team comment on the 

officers’ efforts to keep their divisions clean, noting how a division “keeps getting 

cleaner every time we complete these rounds,” and how the officers “take great pride” 

 

2

 Ex. E and Ex. F are examples of the documents that support the summary supply log. 

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in their divisions. Ex. H, Sanitation Team Divisional Report, p. 4. Often, sanitation team 

members will even note observations of good social distancing practices by detainees, 

social distancing enforcement efforts by officers, and proper use of facemasks. Ex. H, 

Sanitation Team Divisional Report, pp. 2-5. 

This is consistent with reports from public health agency representatives who 

toured the Jail on April 17, 2020. CDC Epidemiologists Paige Armstrong and Alison 

Binder, CDC Epidemic Intelligence Service Officer Isaac Ghinai, and CDPH Medical 

Director Stephanie Black visited the Jail as part of an ongoing collaboration with the Jail. 

According to CCSO Senior Advisor Rebecca Levin, who also attended the tour, these 

officials “commented frequently on the cleanliness of the facility and the noticeable 

smell of bleach throughout.” They also observed detainees and staff members actively 

cleaning. Dkt. 70, ¶14. 

As to PPE, the Court ordered only that detainees on quarantine tiers and in areas 

where social distancing is not possible must receive surgical facemasks. However, the 

Sheriff has been voluntarily providing all detainees in the Jail with surgical facemasks 

on a daily basis since April 13, which are replaced as needed. Dkt. 73, p. 56. The Sheriff 

has been successful in obtaining a steady supply of these facemasks and has nearly 

420,000 on hand currently, which will last into August at current usage rates. Ex. C, 

Declaration of Michael Miller. 

In addition to supply delivery logs maintained by the living unit officers, 

members of the CCDOC Personal Protective Equipment (PPE) Accountability Team 

tour all divisions of the Jail and inspect each area for cleanliness and PPE usage. Ex. I, 

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PPE Team Report. Members of the PPE team verify the amount of supplies on hand in 

the divisions, document usage of PPE by detainees and staff, and remind detainees and 

staff to practice social distancing. Ex. I, PPE Team Report. They also record other 

observations, such as cleanliness of common areas, the presence of Cermak nurses 

taking temperature checks on the tiers, and the need for any additional supplies. Ex. I, 

PPE Team Report, pp. 10-15. This, too, is consistent with observations by the CDC and 

CDPH representatives during their April 17 tour. Dkt. 70, ¶15. 

IV. “FULL” SOCIAL DISTANCING 

Finally, the Court’s Order directs the Sheriff to establish a policy prohibiting 

group housing or double-celling of detainees, except in certain situations, effective May 

1, 2020. While the Court initially declined to order “full” social distancing in housing 

areas throughout the Jail in its April 9 Order, recognizing the infeasibility of 

accomplishing that in light of space constraints, the Sheriff has nevertheless been 

making “significant efforts” to increase social distancing where possible at the Jail. Dkt. 

73, p. 14; Dkt. 61, p. 18-19. Specifically, the Court recognized the Sheriff’s voluntary 

efforts to open previously closed divisions of the Jail to accommodate more housing; 

convert 175 tiers to single-occupancy cells; limit dormitory units to fifty percent of 

capacity outside of the medical and mental health housing units; and regulating 

detainees’ use of dayrooms and common areas. Dkt. 73, p. 14, 79. This housing 

reconfiguration was made possible in part because of a decrease in the Jail population 

since mid-March, due to the efforts of the State’s Attorney, the Public Defender, and the 

criminal courts to secure the pretrial release of nearly 1,500 detainees, and reassignment 

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of nearly 500 detainees to the electronic home monitoring program. Dkt. 73, p. 15; Dkt. 

62-4, ¶7-8; Ex. C, Declaration of Michael Miller. 

Nevertheless, while the Court and Plaintiffs have recognized the “dramatic 

steps” taken by the Sheriff to voluntarily implement social distancing at the Jail 

wherever possible (Dkt. 73, p. 18), the Sheriff candidly reported that he could not 

accomplish “full” social distancing throughout the Jail at this time because of certain 

housing restrictions, like detainee medical conditions, security classifications and 

concerns, and quarantine or isolation status, among other things. Dkt. 61, p. 19. 

The Court credited some of these functional limitations and created several 

exceptions to its “full” social distancing directive in this Order. The Sheriff may not 

double-cell detainees or assign them to group housing, except in the following 

situations: 

1. Persons detained in tiers or dormitories currently under quarantine 

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

(“quarantine tiers”); 

2. Detained persons who have tested positive for the coronavirus and are 

under medical observation ("isolation tiers"); 

3. Detained persons who have tested positive for coronavirus and are 

recovering ("convalescent tiers"); 

4. 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; 

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

percent capacity; and 

6. 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 

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

distancing. Dkt. 73, p. 86. 

Pursuant to this directive, the Sheriff enacted “Preliminary Injunction Order: 

Housing of Detainees During COVID-19 Pandemic,” effective May 1, 2020. The policy 

sets forth the Court’s requirements for social distancing in housing units, subject to the 

enumerated exceptions. Ex. J, CCSO Housing Policy. This policy is administered in 

conjunction with Cermak, given that all but one of the exceptions is premised on a 

documented medical determination made by Cermak staff. Based on the current Tier 

Occupancy Chart, 184 of 206 housing units are at 50% capacity or less. The remaining 

units fall within one or more of the following exceptions. Ex. K, Tier Occupancy Chart, 

May 1, 2020. 

1. Quarantine tiers 

As described elsewhere in the Sheriff’s briefing, when a watch commander 

receives verification from Cermak that a detainee will be isolated after testing positive 

for COVID-19 or is a PUI, then a quarantine alert is issued for that detainee’s entire tier. 

Dkt. 30-8, ¶19(a); Dkt. 62-5; Dkt. 51-6. The tier remains on quarantine for 14 days. As the 

Court noted, it is not advisable to move any detainees while on quarantine. Dkt. 73, p. 

64. Thus, any housing arrangements must remain as they are until the expiration of the 

quarantine period. The Tier Occupancy Chart, updated on May 1, 2020, shows that 

there are currently 47 tiers on quarantine status, 7 of which are specialty housing dorms 

within Division 8 RTU, and fall under exception 6 as well. It is also worth noting that 42 

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of these quarantine tiers are at 50% occupancy or less, and fall under exception 5. Ex. K, 

Tier Occupancy Chart, May 1, 2020.

2. Isolation tiers 

Cermak makes all medical determinations as to whether a detainee must be 

placed in medical isolation after testing positive for coronavirus. The CDC Guidelines 

advise that individuals who have tested positive for COVID-19 can be in “cohort” or 

congregate housing in medical isolation and need not practice strict social distancing 

since they have already contracted the virus. Dkt. 73, p. 64; Dkt. 30-8, ¶19(b); Dkt. 62-5. 

There are currently 16 tiers on isolation status, all but two of which are in Division 8 

Cermak or RTU. They are occupied at a density above 50%, but in addition to their 

isolation status, they fall under exception 6 as well. One isolation area is a single-celled 

tier in Division 10, and the other is the Boot Camp unit. Ex. K, Tier Occupancy Chart, 

May 1, 2020. 

3. Convalescent tiers 

Cermak makes all medical determinations as to whether a detainee is in recovery 

and may be moved to a convalescent tier. Ex. B, Mennella Dec., ¶9. The CDC Guidelines 

advise that convalescent tiers with recovering detainees may have cohort housing as 

well. Dkt. 73, p. 64. There are currently two tiers designated as convalescent, one of 

which is in Division 10, and one of which is in Division 8 RTU. Ex. K, Tier Occupancy 

Chart, May 1, 2020. 

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4. Risk of self-harm 

Cermak staff advise that there may be a small number of detainees in poor 

mental health who may experience suicidal ideation or engage in other types of selfharm if they are assigned to a single cell and do not have sufficient socialization. Dkt. 

61, p. 22. If these individuals are not already assigned to special medical housing in 

Cermak or RTU, see exception 6 supra, they may be housed in dorms or double-celled 

under this exception. 

5. Dormitories with less than fifty percent occupancy 

Currently, there are 59 dormitory tiers, 43 of which are occupied at 50% capacity 

or less. This is up from 40 dorms at the time of the evidentiary hearing. In the Order, the 

Court specifically noted that at the time of the hearing, Division 2, Tier D1-D was at 81% 

capacity. Dkt. 73, p. 21. This tier housed the population of 39 detainees who were in 

protective custody for reasons associated with the PREA. Pursuant to the Court’s 

ruling, they have been reassigned to different housing units that permit them to practice 

“full” social distancing. Dkt. 73, p. 65. However, they also will be housed near other 

groups of detainees in this tier, which makes it more difficult to guarantee their 

protection than in Division 2. Additionally, Division 2, Tier D4-RL was at 59% 

occupancy at the time of the hearing (Dkt. 73, p. 21). But half of those detainees were 

moved to Tier D4-RU (previously closed), and now each tier has 30% and 24% 

occupancy, respectively. Ex. K, Tier Occupancy Chart, May 1, 2020. Furthermore, since 

the hearing, Executive Director Miller has executed his “back pocket” plan to 

reconfigure housing arrangements among the men’s and women’s tiers to use the space 

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in the celled tiers and the dorms more efficiently. Dkt. 73, p. 22; Ex. C, Declaration of 

Michael Miller. 

Currently, sixteen dorms are over 50% capacity, but all fall within at least one of 

the permitted exceptions: one is a convalescent tier; five are quarantine tiers; six are 

isolation tiers; and four are specialty medical housing tiers in RTU. Ex. K, Tier 

Occupancy Chart, May 1, 2020. It bears noting that during the April 17 Jail tour, CDPH 

representatives commented on the notable increase in social distancing at the Jail, 

particularly with respect to the reduced density of bunk assignments in the dorms, 

since their last visit in March. Dkt. 70, ¶15; Dkt. 73, p. 13-14. 

6. Group housing for medical or mental health treatment 

During the intake process, Cermak staff members perform a standard medical 

evaluation of each detainee. Dkt. 51, p. 6. Based on these evaluations, Cermak staff may 

enter a “medical alert” into the DOC communication system alerting DOC staff 

generally of a medical condition that may affect operational decisions as to that 

detainee, such as special dietary needs, whether he is permitted to have a medical 

device like an inhaler that will not be confiscated as contraband, or any special housing 

needs. Dkt. 62, p. 24; Dkt. 73, p. 19. 

Some of the more important medical alerts pertain to housing requirements for 

detainees with serious medical or mental health conditions. Where Cermak staff assign 

a detainee an M3 alert, it indicates that the patient requires housing with a round-theclock nurse and access to special accommodations, and the recommended housing unit 

is the RTU. Ex. L, Cermak Policy A-08, Communication on Patient’s Health Needs, p. 6. 

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If a Cermak staff member assigns a detainee an M4 designation, it indicates that the 

detainee requires monitoring and care in an environment with direct access to a nurse, 

and the recommended housing unit is Cermak. Ex. L, Cermak Policy A-08, 

Communication on Patient’s Health Needs, p. 6. 

Similarly, a detainee designated as a P3 has moderate or serious symptoms; some 

impairment in reality testing or communication; and/or moderate to serious 

impairment in social and overall functioning, and is similarly suited for the RTU. A 

detainee with a P4 designation suffers from severe functional impairment with 

regression, disorganization, and chaotic functioning, and/or behavior related to major 

mental illness that results in imminent risk of harm to self or others and is 

recommended for housing in Cermak. Unit. Ex. L, Cermak Policy A-08, Communication 

on Patient’s Health Needs, p. 7. These tend to be permanent or long-term housing 

placements due to the detainee’s need for extensive medical or psychological care or 

monitoring. Because of these special medical and housing needs, these detainees cannot 

be housed in the general population tiers. Ex. C, Declaration of Michael Miller. Thus, 

Cermak and RTU are exempt from full social distancing because the detainees reside 

there for the purpose of obtaining medical or mental health treatment at the 

documented direction of a medical or mental health professional, which takes 

precedence over “full” social distancing. 

At any given time, the residents of Division 8 may not be able to practice “full” 

social distancing depending on the number of other detainees also assigned to those 

units. Dkt. 73, p. 21-22. Currently, as a function of the number of detainees in Cermak, 

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half of the tiers are occupied at more than 50%, although one of those tiers is an 

isolation tier as well. Slightly more than half of the tiers in RTU are occupied at more 

than 50% also, although nearly all of them are quarantine or isolation tiers. Ex. K, Tier 

Occupancy Chart, May 1, 2020. 

The Court also instructed that detainees housed in these “acceptable” 

arrangements must be provided with facemasks that are replaced at medically 

appropriate intervals and be instructed on how and why they are used, as well as the 

need for social distancing. Dkt. 73, p. As stated above, for the past three weeks, every

detainee in the Jail has been given at least one surgical facemask each day. Additionally, 

notices and video monitors in the tiers display information about the need for sanitation 

and hygienic practices to prevent the spread of COVID-19, and reinforce the importance 

of proper hygiene, regular hand washing, and social distancing, with illustrations of 

each. Dkt. 51-3. 

 7. Safety and security exception 

 The Court declined to create a safety and security exception to the social 

distancing requirement that would allow officers to regain control in situations 

involving disorderly or dangerous conduct by detainees, but invited the Sheriff to 

submit a supplemental and properly-supported request for such an exception. Dkt. 73, 

p. 65. In his declaration, Executive Director Miller stated that particularly when 

multiple detainees become involved in fights or other incidents at the Jail, ordinarily 

they are separated immediately, removed from the situation, and held in special 

management tiers so officers can tend to any injuries and regain control of the emergent 

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situation. Ex. C, Declaration of Michael Miller, p. 12. The detainees also would remain 

in those special management tiers to await a disciplinary hearing or other consequences 

for their unruly or dangerous behavior. Dkt. 62-5, ¶20. Currently, because of the social 

distancing requirement, many of the special management tiers are being used for 

single-cell housing, and detainees cannot be double celled. 

 However, responding to security situations at any given time is a fluid situation, 

despite the officers’ best efforts, and they must be able to use all devices available to 

them to maintain order and safety in the Jail. There have recently been an increasing 

number of incidents involving multiple detainees acting in concert in response to 

measures implemented by the Sheriff in response to the COVID-19 outbreak. For 

example, on April 29, there was a detainee uprising in RTU Tier 3G, which is currently 

housing many detainees who would not otherwise be assigned to a dormitory setting 

based on their security classifications in the Jail. Ex. C, Declaration of Michael Miller, 

Ex. 1. At least 13 detainees were involved in threatening bodily harm to any staff 

members entering the tier. Medical equipment was broken to be used as weapons and 

soapy water was spread all over the floor. The Emergency Response Team was required 

to respond and numerous detainees were handcuffed and removed from the tier. 

Incidents like this one require that all of those detainees—13 in this case—be 

placed in disciplinary housing for security and safety reasons on an immediate basis. 

Given that those special management tiers are now being occupied as single-cell 

housing units, that impedes the Sheriff’s ability to detain the offenders and quell an 

emergent situation by having to defer to the social distancing policy. There are limited 

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housinoptions available due to the social distancing requirement, but time is of the 

essence in situations like this. If similar incidents continue to occur, and continue to 

escalate, safety and security will have to take precedence, and it will not always be 

possible to maintain full social distancing when an emergency or security related 

situation requires that the offender(s) be immediately removed and isolated. 

V. THE FEASIBILITY LIMIT 

While the Court acknowledges the “significant and impressive” efforts taken by 

the Sheriff “in good faith” to protect detainees from the spread of infection (Dkt. 73, p. 

56)—including, among many other things, the extraordinary step of opening several 

dormant divisions of the Jail to provide additional socially-distanced housing—the 

Sheriff has been, and will continue to be, candid with the Court about the limitations on 

his ability to maintain “full” social distancing at the Jail for the foreseeable future, 

despite his best efforts. Dkt. 62, p. 20. The Sheriff, and Executive Director Michael Miller 

in particular, have been able to make further adjustments to reduce occupation density 

in group housing units, even in the week since the evidentiary hearing, to achieve full 

compliance with the Court’s Order as of the time of this filing. 

However, it is likely that the Sheriff will at some point approach the “feasibility 

limit” of housing any more detainees while maintaining “full” social distancing 

throughout the Jail. Dkt. 73, p. 63. As the Court is aware, while the Jail campus is one of 

the largest in the nation, detainee housing options are limited when the tiers can only be 

occupied at half capacity. And unfortunately, the detainee population in Cook County 

is not a static one. Historically, the Jail experiences a sharp rise in the intake population 

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as the weather grows warmer, and there is little reason to think that will be different 

this year. In fact, the first warm Spring weekend may now be upon us, and the officers 

are bracing for a wave of new detainees. However, the resources at the Jail are reaching 

their limit already under the Court’s Order. A sudden spike in the Jail population in the 

near term would upend the delicately balanced housing arrangements currently in 

place, and there are few alternatives left that would allow the Jail to operate effectively 

and still permit “full” social distancing throughout the Jail. 

It is possible that the emergency nature of this pandemic will subside before the 

Jail’s space and resources are fully depleted. In the event it does not, the Sheriff may do 

as the Court suggests and seek to modify the terms of the injunction in full 

consideration of all relevant factors. Dkt. 73, p. 87. In that case, the Sheriff would 

continue to act in good faith to implement the letter and spirit of the Court’s order, as 

he has done, and to maintain as much social distancing as operationally possible until 

any resolution by the Court. But with the benefit of experience on historic trends in the 

Jail population, before long, the Sheriff’s overriding obligation to preserve order, 

maintain discipline, and provide security at the Jail may very well have to be balanced 

directly against his obligation to reasonably abate the risk of harm from coronavirus. 

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CONCLUSION 

Sheriff Dart respectfully submits this Post-Preliminary Injunction Report for the 

Court’s consideration pursuant to its April 27, 2020 Order.

By: /s/ Gretchen Harris Sperry 

One of the attorneys for Defendant 

Thomas J. Dart, Sheriff of Cook 

County 

Robert T. Shannon 

James M. Lydon 

Gretchen Harris Sperry 

Adam R. Vaught 

Lari Dierks 

HINSHAW & CULBERTSON LLP 

151 N. Franklin Street, Suite 2500 

Chicago, Illinois 60601 

Tel. 312-704-3000 

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CERTIFICATE OF SERVICE 

 The undersigned certifies that on May 1, 2020, I electronically filed the forgoing 

DEFENDANT’S POST-PRELIMINARY INJUNCTION REPORT with the Clerk of the 

U.S. District Court, using the Court’s CM/ECF system, which will accomplish service 

electronically on all counsel of record. 

 /s/ Gretchen Harris Sperry 

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