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10 © 2016 Winston & Strawn LLP
PRISONER CIVIL RIGHTS
ChicagoTeamSecuresClassStatus forDeaf InmatesandDefeatsMotion
forSummaryJudgment
A Chicago team, including partners
Bob Michels
and
Nicole Wrigley
, associates
Kevin McCormick, Joe Motto, Ryan Dunigan, Mark Lenihan, Andrew Sullivan,
Ayush Garg
and
Kate Watson Moss
, and paralegals
Pat Pratt
and
Ken Berry
, won
class action status in a lawsuit alleging the Illinois Department of Corrections (IDOC)
failed to provide critical accommodations to deaf and hard of hearing prisoners.
Among other claims, the class asserts that IDOC has refused to provide American
Sign Language interpreters and other alternate forms of communication. Without
these accommodations, deaf and hard of hearing prisoners are endangered
and deprived of meaningful access to religious services, healthcare, educational
and vocational programs, telephones, televisions, library services, disciplinary
proceedings, grievances, and pre-release programs. The court also denied IDOC’s
motion for summary judgment, paving the way for trial, which has been set for Fall
2016 noting that the inmates “presented significant proof of the systemic failures”
that they allege in their lawsuit.
ChicagoTandemWinSubstantial Settlement for InmateWhoWas
RestrainedandMacedbyPrisonGuards
Chicago partner
George Lombardi
and associate
SteveWurth
secured a substantial
settlement for an inmate who alleged nine Kane County (IL) correctional officers used
excessive force when they subdued him, sprayed himwith mace, and thereafter
left him bound to a chair in his cell for 16 hours. The incident, which was captured on
video, was initiated when our client refused to comply with the prison’s practice of
removing the mattress from his cell while he was placed in solitary confinement. The
team secured the video, took the deposition testimony of all involved, and developed a
strong factual case that allowed them to defeat summary judgment. Although the client
suffered no lasting physical damages from the incident, the video recording of the
graphic incident led to the county’s willingness to settle on favorable terms.
More Than 50 Winston Attorneys and Summers Join Federal Clemency Project
Under the leadership of New York partner
Gregory Weston
and associate
Kelli Lanski
, with support from
Washington, D.C. paralegal
Antoine Bland
, more than 50 Winston attorneys and summer associates are
representing federal inmates seeking clemency through Clemency Project 2014. The Obama administration
created Clemency Project 2014 to provide pro bono representation to non-violent prisoners who, if sentenced
today under current sentencing laws and policies, would likely have received a substantially lower sentence. To
be eligible, an applicant must have: served at least 10 years of their sentence
for a non-violent offense, no significant criminal history, no history of violence
prior to or during imprisonment, no significant ties to large-scale criminal
organizations, gangs, or cartels, and demonstrated good conduct in prison.
To date, Clemency Project 2014 volunteers across the country have screened
more than 30,000 inmate files and submitted more than 1,200 clemency
petitions. More than 300 petitions have been granted and another 800 are
pending review.
Gregory Weston
Bob Michels
Steve Wurth