Rockford protesters sue Winnebago County officials, allege ‘unconstitutional detentions’ without timely hearings
Five people detained at Winnebago County Jail, including four involved in weekend protests, are suing the county and officials for not holding probable cause hearings within 48 hours for people arrested on weekends.
Four of those filing the lawsuit were involved in demonstrations over the weekend, while a fifth plaintiff is in the Winnebago County Jail on unrelated charges. The lawsuit, filed in federal court Sunday, alleges that Winnebago County officials are violating the Fourth Amendment, which aims to protect citizens from being arrested without cause.
Lead attorney Adele Nicholas said a Supreme Court ruling requires judges to determine probable cause within 48 hours of someone being arrested. The case, Riverside County v. McLaughlin, was decided in May 1991.
“It’s been made completely clear that weekends are not an exception to that,” Nicholas said Monday, adding that other counties hold hearings on weekends and holidays. “It’s leading to violations of the Constitution every single week.”
Winnebago County officials weren’t immediately available for comment.
All five plaintiffs were arrested either Friday or Saturday. Four of them were taken to the Winnebago County jail after arrests that stemmed from participating in demonstrations that called for charges to be dropped against people arrested at prior demonstrations after the death of George Floyd.
The plaintiffs who were arrested at demonstrations were Dylan Mitchell, 26, of Rockford; Dayna Schultz, 23, of Rockford; Larissa Walston, 23, of Loves Park; and Michael Riggs, 20, of South Beloit. Plaintiff Ivan Holland, 25, of Rockford, was arrested Friday, not related to the demonstrations.
The lawsuit seeks class action status on behalf of all inmates who did not receive probable cause hearings within 48 hours. According to court documents, 15 of 29 people arrested Friday and before 1:30 p.m. Saturday remained in jail without probable cause hearings within the 48-hour period.
The Chicago Community Bond Fund, an organization that pays bond for people in need, contacted lawyers on behalf of the plaintiffs. Brad Thomson of the People’s Law Office is assisting Nicholas on the case, according to a Monday release.
“It is deeply disturbing that this flagrantly unconstitutional practice has been taking place in Illinois’ second largest county jail,” said Sharlyn Grace, executive director of bond fund and member of the Illinois Network for Pretrial Justice, in the Monday release. “No one should be incarcerated for days before seeing a judge — especially while they are presumed innocent. A weekend in jail can have serious impacts on a person’s life and cause lasting negative effects.”
The lawsuit asks Eugene G. Doherty, Chief Judge of the Circuit Court of Winnebago County, to immediately start probable cause hearings for people arrested during weekends. It also alleges that Winnebago County Sheriff Gary Caruana did not act on “unconstitutional detentions at his facility.”
Nicholas said probable cause hearings are not elaborate procedures, and they can be briefly held by an on-call judge via phone or video conference.
“They shouldn’t have to be sued for this to happen,” Nicholas said. “It’s really rather shocking to me that we even have to bring this lawsuit because the people in power know that this is the rule.”
The plaintiffs are scheduled to have their probable cause hearings at 1:30 p.m. Monday, court documents show.
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