Swansey v. Elrod

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

I

Introduction

This is a class action civil rights case commenced under 42 U.S.C. § 1983 challenging the detention of persons between the ages of thirteen and seventeen in Cook County jail. 1 The plaintiffs allege that such incarceration constitutes cruel and unusual punishment under the Eighth Amendment and violates the equal protection clause of the Fourteenth Amendment. The cause is now before the Court on plaintiffs’ motion for a preliminary injunction and defendants’ motion to dismiss. For the reasons set forth below, defendants’ motion…