Euler Posted April 19, 2022 at 03:34 AM Share Posted April 19, 2022 at 03:34 AM There have been previous threads on this case. Three Children and their guardians v Illinois - ADA complaint Federal judge declines IL request to dismiss lawsuit to force more gun restrictions Those topics are now locked, but the case is still ongoing. The case was filed in the Northern Illinois Federal District Court in October 2018. Docket Complaint said: DEMETRIA POWELL, as guardian ad litem and on behalf of her son D.P.; TANYA REESE, as guardian ad litem and on behalf of her son M.R.; and TYWANNA PATRICK, as guardian ad litem and on behalf of her granddaughter J.C., as well as on behalf of a class of similarly situated children, Plaintiffs, v. THE STATE OF ILLINOIS; THE ILLINOIS DEPARTMENT OF STATE POLICE; BRUCE RAUNER, Governor of the State of Illinois; and LEO P. SCHMITZ, Director of the Illinois Department of State Police, Defendants. ... Chicago Is Awash In Gun Violence ... A Substantial Number of the "Crime Guns" Used in Chicago Come from Chicago Area Gun Dealers ... The State of Illinois Has Failed To Implement Meaningful Regulation of Gun Trafficking in Illinois, Despite Ample Authority to Do So ... The Pervasive Gun Violence in Chicago's African-American Neighborhoods Has Caused Thousands of African-American Children to Become Disabled Under the ADA ... The Plaintiffs' Exposure to Gun Violence Has Left Them Disabled Under the ADA ... The State of Illinois Is Responsible for Providing Plaintiffs With a High Quality Education ... WHEREFORE, plaintiffs pray that this Court: A. Declare that the defendants have violated the rights of the plaintiffs under 740 ILCS 23/5(a)(2), by failing to take reasonable steps to control the gun trafficking that is having an adverse impact on African-American children. B. Enter an injunction requiring that the defendant Illinois Department of State Police exercise its authority, under applicable law, to adopt reasonable gun trafficking regulations in order to reduce the level of gun violence, including rules and regulations such as those contained in paragraph 28 above, in order to eliminate the adverse racial impact of gun violence on African-American children. C. Grant plaintiffs their reasonable attorneys' fees, costs and such other relief as may be appropriate. Link to comment Share on other sites More sharing options...
Euler Posted April 19, 2022 at 04:50 AM Author Share Posted April 19, 2022 at 04:50 AM (edited) On 30 September 2019, the judge dismissed all plaintiffs other than Demetria Powell on behalf of her son for lack of standing, but otherwise allowed the suit to move forward. On 15 October 2019, the defendants filed a motion to dismiss, based on mootness due to then-recently-enacted state Gun Dealer Licensing Act. On 18 December 2019, the judge denied the defendant motion to dismiss on the basis that gun dealer licensing does not compel the state to implement regulations to reduce violence. (The plaintiffs want the state to reduce violence. The judge said that gun dealer licensing won't make the state do that.) The defendants argued that the plaintiffs should therefore amend their complaint to oppose the Gun Dealer Licensing Act. [umm ... LOL, but good try] The judge denied that argument, too. On 28 July 2021, Powell filed an amended complaint that added a new plaintiff and changed the case and remedies a bit. First Amended Complaint said: DEMETRIA POWELL, as guardian ad litem and on behalf of her son D.P.; and SHANICE MATHEWS as guardian ad litem on behalf of her son, D.W. as well as on behalf of a class of similarly situated children, Plaintiffs, v. THE STATE OF ILLINOIS; THE ILLINOIS DEPARTMENT OF STATE POLICE; J.B. PRITZKER, Governor of the State of Illinois; and BRENDAN KELLY, Director of the Illinois Department of State Police, Defendants. ... The Public Health Emergency in Chicago ... A Substantial Number of the "Crime Guns" Used in Chicago Come from Chicago Area Gun Dealers ... The State of Illinois Has Failed To Implement Meaningful Gun Trafficking Prevention Regulation in Illinois, Despite Ample Authority to Do So ... The Pervasive Gun Violence in Chicago's African-American Neighborhoods Has Caused Thousands of African-American Children to Become Disabled Under the ADA ... The Plaintiffs' Exposure to Gun Violence Has Left Them Disabled Within the Meaning of Section 504 of the Rehabilitation Act ... WHEREFORE, plaintiffs pray that this Court: A. Certify the proposed class. B. Declare that by failing to use the full regulatory authority to prevent illegal gun trafficking and straw sales as described above, the defendants have used methods of administration that have subjected the plaintiff children to discrimination based upon race in violation of 740 ILCS 23/5(a)(2), by C. Enter an injunction requiring that the defendants to use their full regulatory authority prevent exposure of the plaintiff children to the violence that is resulting from illegal gun trafficking and straw sales D. Grant plaintiffs their reasonable attorneys' fees, costs and such other relief as may be appropriate. Most notably, the amended complaint focuses more on reducing the diversion of legal firearms into the illegal market and less on curbing violence itself. Edited April 19, 2022 at 05:03 AM by Euler Link to comment Share on other sites More sharing options...
Euler Posted April 19, 2022 at 06:05 AM Author Share Posted April 19, 2022 at 06:05 AM On 13 October 2021, the defense filed a motion to dismiss the first amended complaint on the basis that the injuries (childhood PTSD) could not be traced to the defendants, nor would they be redressed by government regulation, and that the plaintiffs had not been denied access to any program on the basis of race or disability. On 24 November 2021, Powell amended the complaint again to reintroduce an alleged violation of the Illinois Civil Rights Act in place of an alleged violation of Section 504 of the Rehabilitation Act, as the original complaint had done. This change addresses the dismissal argument regarding access to programs. On 17 December 2021, the defense filed a motion to dismiss the second amended complaint. [The text of that motion is not available to me, but is probably substantially the same as the motion from 13 October.] A ruling on the motion to dismiss is still pending. The court has also not yet certified the suit as a class action. Link to comment Share on other sites More sharing options...
Euler Posted April 19, 2022 at 06:42 AM Author Share Posted April 19, 2022 at 06:42 AM On 4/19/2022 at 12:50 AM, Euler said: ... The defendants argued that the plaintiffs should therefore amend their complaint to oppose the Gun Dealer Licensing Act. [umm ... LOL, but good try] The judge denied that argument, too. ... I know I just dumped a lot of words into the forum, but I thought I should add a few more to explain my editorial comment above, just in case anyone missed it in the flood. Remember that the defendants are Illinois state agencies and the governor. When "the defendants" argue something, that's the office of Illinois Attorney General, Kwame Raoul, arguing it. So ... ... Kwame Raoul (JB Pritzker's attorney general) ... ... is saying that Demetria Powell (a black mother from Chicago) et al. ... ... should oppose Illinois gun dealer licensing in their suit. That is so bizarre, "LOL" is but a token of my amusement. Link to comment Share on other sites More sharing options...
mikew Posted April 19, 2022 at 01:48 PM Share Posted April 19, 2022 at 01:48 PM Thank you, Euler. Link to comment Share on other sites More sharing options...
mab22 Posted April 23, 2022 at 01:50 PM Share Posted April 23, 2022 at 01:50 PM Quote The State of Illinois Has Failed To Implement Meaningful Regulation of Gun Trafficking in Illinois, Despite Ample Authority to Do So So let’s sue California, Arizona, New Mexico, Texas for the country being awash in illegal aliens and terrorists flooding the border. Link to comment Share on other sites More sharing options...
Euler Posted May 13, 2022 at 09:32 PM Author Share Posted May 13, 2022 at 09:32 PM As of May 10, Demetria Powell is withdrawing from the lawsuit, because she has moved to Milwaukee. Shanice Mathews is the only remaining plaintiff. Link to comment Share on other sites More sharing options...
Euler Posted May 13, 2022 at 09:48 PM Author Share Posted May 13, 2022 at 09:48 PM (edited) Oops Edited May 13, 2022 at 09:49 PM by Euler Link to comment Share on other sites More sharing options...
Euler Posted June 13, 2022 at 06:03 PM Author Share Posted June 13, 2022 at 06:03 PM As of June 10: The judge denied, without prejudice, the plaintiff's motion to certify the lawsuit as a class action. ("Without prejudice" means that Mathews, the plaintiff, can still try to get the suit certified as a class action, if she can come up with a better argument.) The defendants have added the signing of "ghost" gun legislation (HB4383) as evidence that IL is already attempting to reduce "gun" violence. Since Powell has withdrawn as a plaintiff, the case has been recaptioned "Mathews v IL." Link to comment Share on other sites More sharing options...
Euler Posted August 27, 2022 at 08:38 PM Author Share Posted August 27, 2022 at 08:38 PM (edited) As of August 16: The plaintiff has reapplied to have the case certified as a class action. The defense has issued a press release announcing "Crime Gun Connect," a statewide online database of "crime guns." It argues that this system satisfies the plaintiff's complaint to establish a statewide system to trace firearms and that the case should therefore be dismissed. While the plaintiff does not contest the existence of the system, the judge pointed out that neither the press release nor any supplemental information provides any information relating to the system's completeness and thus its implied effectiveness. Therefore the system and its associated press release are insufficient grounds to dismiss the case. Edited August 27, 2022 at 08:43 PM by Euler Link to comment Share on other sites More sharing options...
Euler Posted September 7, 2022 at 07:20 PM Author Share Posted September 7, 2022 at 07:20 PM On 4/18/2022 at 11:34 PM, Euler said: There have been previous threads on this case. Three Children and their guardians v Illinois - ADA complaint Federal judge declines IL request to dismiss lawsuit to force more gun restrictions Those topics are now locked, but the case is still ongoing. The case was filed in the Northern Illinois Federal District Court in October 2018. Docket Yet another thread: Illinois Politics > Does Lax Enforcement of Illinois Gun Legislation Violate Victims’ Civil Rights? Link to comment Share on other sites More sharing options...
BobPistol Posted September 7, 2022 at 07:38 PM Share Posted September 7, 2022 at 07:38 PM (edited) On 4/23/2022 at 6:50 AM, mab22 said: So let’s sue California, Arizona, New Mexico, Texas for the country being awash in illegal aliens and terrorists flooding the border. That's thanks to the Federal government's inaction - not the states. So let's sue the Feds. Edited September 7, 2022 at 07:38 PM by BobPistol Link to comment Share on other sites More sharing options...
Sol-Invictus Posted November 13, 2022 at 01:51 PM Share Posted November 13, 2022 at 01:51 PM Why don't they file suit against the constitution and all the pesky pre-existing rights that it prohibits the government from infringing upon? Link to comment Share on other sites More sharing options...
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