Court upholds federal judge’s coronavirus orders at Cook County Jail during appeal

An appeals court Friday upheld most of a federal judge’s order requiring widespread coronavirus testing and other measures to control the spread of COVD-19 at the Cook County Jail.

The 7th Circuit Court of Appeals denied most of a motion filed by Sheriff Tom Dart that asked the court to pause the preliminary injunction ordered by U.S. District Judge Matthew Kennelly in April after a class-action lawsuit was brought against Dart on behalf of detainees.

However, the 7th Circuit Court said that while Dart is appealing that injunction, the sheriff’s office will no longer be prevented from holding detainees in double cells or in group housing. But the sheriff’s office, which saw the appeal’s court decision as a victory, has previously said it won’t use double cells and will continue to social distance detainees while appealing.

Sarah Grady, an attorney for the detainees, said she hopes the sheriff’s office follows through on that promise, saying advocates are concerned that if detainees are housed in close quarters new coronavirus cases could rise.

The Seventh Circuit agreed with Dart, the sheriff’s office said in a statement, saying its “social distancing measures were objectively reasonable in mitigating the health risk to the detainees.”

“This order also acknowledges the verifiable data showing that the spread of the virus has effectively been contained according to World Health Organization standards,” the statement said. “Our success in mitigating and combatting COVID-19 provides a playbook for other congregate settings.”

Grady said the reduction in new positive coronavirus cases at the jail matches up with the filing of the suit and the subsequent orders from the court. Fewer positive cases show the mandates from Kennelly were needed and that the court’s oversight is working to protect the health of the detainees, Grady stressed.

The sheriff’s office initially complied with the measures outlined in the Kennelly’s order and said it was already taking significant steps to prevent the spread of the virus in its facilities. Dart has also pointed to recent reductions in the number of detainees testing positive at the jail to show that his office’s efforts were working without the court’s order.

The sheriff’s appeal came after he said demands by detainee advocates to turn over records to show his office was following the judge’s orders was overly burdensome.

The appeals court’s order Friday would also allow that process to continue.

Grady said attorneys for the detainees plan to file a motion asking for the appeals process to be expedited.

“I think we have a very strong case to ask the court of appeals to affirm the district court’s preliminary injunction,” Grady said.