United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
ROBERT BLAKEY, UNITED STATES DISTRICT JUDGE
Preston Bennett sues Defendants Cook County Sheriff Thomas
Dart and Cook County. He alleges that Defendants violated
Section 202 of the Americans with Disabilities Act (ADA), 42
U.S.C. § 12132, and Section 504 of the Rehabilitation
Act (Rehab Act), 29 U.S.C. § 794(a), in connection with
their shower and toilet facilities in Division 10 of the Cook
County Department of Corrections (CCDOC). Plaintiff moves to
certify the following class under Federal Rule of Civil
All inmates housed in Division 10 at the Cook County
Department of Corrections from June 27, 2016 to the date of
entry of judgment, who were prescribed either a walker,
crutch, or cane by the medical staff and were denied an
accommodation for toileting and showering.
 at 1. For the reasons explained below, this Court denies
Plaintiff’s motion without prejudice.
amputee who relies upon crutches to ambulate-is a former
detainee at CCDOC who seeks, individually and on behalf of
the proposed class, injunctive relief as well as monetary
damages.  ¶¶ 2-10, 7;  (Ex. 4) at 2.
Plaintiff alleges that Defendants’ failure to provide
grab bars in Division 10’s shower and toilet
facilities, as well as a fixed bench in Division 10’s
shower facilities, deprived him, and other detainees
prescribed a crutch, cane, or walker, of rights guaranteed
under Section 202 of the ADA and Section 504 of the Rehab
Act.  ¶¶ 37-38.
entered CCDOC on March 29, 2018. Id. ¶ 2. After
receiving a medical intake evaluation, medical staff
prescribed Plaintiff crutches and entered an order to that
effect in CCDOC’s management system, known as C-COMS.
Id. ¶ 10;  (Ex. 5) at 1. Defendants
assigned Plaintiff to CCDOC’s Division 10, which
routinely houses detainees with physical disabilities; he
remained in Division 10 until his release on July 23, 2018.
 (Ex. 6).
10’s shower facilities do not have grab bars or a fixed
bench.  (Ex. 2) at 58:2-16. CCDOC instead provides a
portable chair, available upon request.  (Ex. 2) at
56:6-21. Division 10 maintains four portable chairs total for
the inmates housed in that division.  (Ex. 1) at
35:12-14. The chair has small wheels, handles, and netting on
its back.  (Ex. 2). Plaintiff testified that the portable
chair had a sign directing users: “Do Not Use Without
Assistance.”  (Ex. 1) at 80:21-81:9. According to
Plaintiff, no staff member ever assisted him in using it.
March 29, 2018 until April 5, 2018, Defendants assigned
Plaintiff to Tier 4 within Division 10.  (Ex. 6).
Plaintiff testified that Defendants did not make the portable
chair available on Tier 4.  (Ex. 1) at 82:11–83:23.
Following his reassignment to Tier 2 on April 5, 2018,
Plaintiff first showered using the following method:
I would go ask the officer was the chair there. If the chair
wasn’t there, I’ll ask him can he go get the
chair for me. He will slide the chair into the dayroom. I
will put my crutches on the wall and grab hold of the chair
and scoot on it as if it was a skateboard or a scooter into
the shower area. I would then turn around and sit on it, wash
up what I could, stand up, hold on to it, finish washing up,
rinse off, and repeat the process in reverse to get the chair
back to the officer.
Id. at 16:20-17:7. According to Plaintiff, sometimes
when he requested the chair, it would already be in use in
another wing, and therefore he waited until it became
available. Id. at 81:20-82:10.
respect to Division 10’s toilet facilities, Plaintiff
testified that neither his various cells in Division 10, nor
the “dayroom” bathroom, contained grab bars.
Id. at 15:8-16:6. Evidence presented by Plaintiff
suggests that at times, CCDOC used the portable chair as a
toilet chair, in addition to a shower chair, to accommodate
disabled inmates. See, e.g.,  (Ex. 2). According
to Plaintiff, when using the bathroom in Division 10, he used
the following processes:
I usually use my crutches to lower myself. And use the wall
and my crutches to – or whatever is closest to the
toilet depending on which toilet I’m at to raise
myself. And if I’m out in the dayroom, I will have to
use the wall or the toilet ...