T.S. v. Twentieth Century Fox Television
| Decision Date | 16 January 2020 |
| Docket Number | No. 16 cv 08303,16 cv 08303 |
| Parties | T.S. and Q.B., individually and on behalf of all others similarly situated, Plaintiffs, v. TWENTIETH CENTURY FOX TELEVISION, FOX BROADCASTING COMPANY, TWENTY-FIRST CENTURY FOX, INC., FOX ENTERTAINMENT GROUP, LLC, FOX NETWORKS GROUP, INC., FOX TELEVISION GROUP, THE COUNTY OF COOK, ILLINOIS, LEONARD DIXON, JOHN DOES 1 THROUGH 20, and THE CHIEF JUDGE OF THE CIRCUIT COURT OF COOK COUNTY, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM ORDER AND OPINION
During the summer of 2015, Plaintiffs T.S. and Q.B. were pretrial detainees at the Cook County Juvenile Temporary Detention Center ("JTDC"). On several days during that summer, Defendant Twentieth Century Fox and other Fox entities (collectively, "Fox Defendants") filmed scenes for the television show Empire at the JTDC. Plaintiffs allege that Empire filming altered the normal operations of the JTDC in ways that harmed them and other juvenile detainees. In this proposed class action, they assert claims under 42 U.S.C. § 1983 and various supplemental state law theories. See 28 U.S.C. §§ 1331, 1367(a). Plaintiffs bring constitutional claims against Defendants Cook County, Illinois; Leonard Dixon, the Superintendent of the JTDC; the Chief Judge of the Circuit Court of Cook County in his official capacity; and Defendant Does (collectively, "County Defendants"). Plaintiffs assert supplemental state law claims against the County and Fox Defendants. The parties' cross-motions on the issue of class certification1 arenow before the court. As explained here, while some of Plaintiffs' claims may be amenable to class treatment, the class as currently defined—"all youths who were detained at the JTDC during the Empire filming"—is overbroad. Plaintiffs' motion for class certification [235] and Defendants' motion to strike class allegations [212] are both denied without prejudice.
During three brief periods in the summer of 2015 (June 21-26, July 13-16, and August 23-26), the Fox Defendants filmed scenes for the television show Empire at the JTDC. (Mot. to Deny Class Cert. ("Mot. to Deny") [212] at 7.) Between 250 and 400 detainees under the age of 18 are held at the JTDC at any given time while they await trial or other court proceedings, remaining there, on average, for less than a month.2 (Kraus Report ¶ 20, Ex. 2 to Mot. for Class Cert. [236]; Dunlap Dep. 93:8-11, Ex. D to Gov't Reply Mem. [248]; Dunlap Report ¶ 27, Ex. 1 to Mot. for Class Cert.) The JTDC is a five-story building with residential areas on floors three through five, and other facilities for the detainees on the lower floors such as the Nancy B. Jefferson School's classrooms, recreation areas, a visiting room, and a chapel. (Mot. for Class Cert. at 6.) Detainees at the JTDC are housed in residential "pods"—living units of generally fewer than 15 detainees, in which individual cells open onto a shared common area. (Id. at 6, 14.) The detainees' activities at the JTDC occur with the other residents of their pods, and pods generally remain separate from each other. (Mot. to Deny at 8.)
The JTDC is under the authority of the Office of the Chief Judge of the Circuit Court of Cook County, and Defendant Leonard Dixon is the JTDC's Superintendent. (Mot. for Class Cert. at 7.) In May 2015, JTDC officials, including Dixon, were contacted by a Fox location scout and ultimately agreed to allow the show Empire to film at the facility. (Id.) At times during filming, Plaintiffs allege, there were more than 200 of Empire's cast and crew members at the JTDC. (Id.)Superintendent Dixon permitted the Fox Defendants access to several areas of the JTDC, including the northern part of the outdoor recreation area, pods 3A and 3B (normally two of JTDC's intake pods for male detainees), the chapel, the visitation room, several classrooms, and the hallways surrounding these areas. (Id. at 7-8.)
Plaintiffs allege that the decision to allow filming at the JTDC caused numerous disruptions to the facility's normal operations. (See id. at 8-16.) According to Plaintiffs, these disruptions included additional confinement of detainees to their pods, the elimination of outdoor recreation, July classes being conducted on the pods rather than in the Nancy B. Jefferson School classrooms,3 reduced opportunities for off-pod recreation and programming, disruption to intake procedures, overpopulation of the pods, confinement of visitation to an unusually small space, and delayed response to requests for medical attention. (Id.) The Plaintiffs also allege that filming disrupted the JTDC behavior economy, which uses points to reward detainees for good behavior. (Id. at 16.) Specifically, as detainees earn points, they advance to higher "levels" (starting at level one and moving to level four) and enjoy greater privileges, such as increased access to the commissary, voluntary programs, and tournaments. (Id.; Steward Dep. at 163:8-10, Ex. 15 to Mot. for Class Cert.; Steward Decl. ¶¶ 8-11, Ex. D to Mot. to Deny.)
As noted, most JTDC residents stay, on average, for periods shorter than one month, but Plaintiff T.S. was a JTDC resident during all three of Empire's filming periods. T.S. claims that he was required to spend more time on his pod during filming. In July, the residents of T.S.'s pod did not go to the classrooms for school, but instead received instruction from teachers who came to the pod. (Mot. for Class Cert. at 9, 18.) T.S. was assigned to level four at the time of filming and was eligible to participate in the JTDC's voluntary programs. (T.S. Dep. 114:12-116:24, Ex. E to Mot. to Deny.) T.S. claims that he signed up for a writing program and a parenting class thatwere canceled during Empire filming.4 (Id.; Exs. 12, 33-36 to Mot. for Class Cert.) T.S. asserts, further, that he was denied access to the outdoor recreation yard during Empire filming and that his pod had no off-pod recreation on at least June 24, 2015. (Mot. for Class Cert. at 19.) During Empire filming, T.S. submitted requests for medical attention for a toothache, headaches, and psychological distress, and he believes that the response time was greater than usual. (Id. at 22.) T.S. claims, in addition, that he had less privacy during family visits in the alternative visitation room during filming. (Id.)
Plaintiff Q.B. was detained at the JTDC during parts of the summer of 2015, but was not detained at the JTDC on any day when school was in session in July. (Mot. to Deny at 24.) Q.B. was assigned to level one and was not eligible to participate in the JTDC's voluntary programs. (Q.B. Dep. 53:9-54:2, 56:9-57:10, Ex. C to Mot. to Deny.) Q.B. does not recall submitting a request for medical attention while Empire was filming at the JTDC. (Mot. for Class Cert. at 22.) Q.B. states that on June 23, 2015, recreation time scheduled for his pod occurred in the pod's common area rather than outdoors or in one of the designated areas on the lower floors of the facility. (Id. at 19.) Q.B. also claims that a visit with his grandmother was canceled on June 23, 2015 when Empire was filming at the JTDC, and that he had less privacy during his visits in the alternative visitation room with his court-appointed mentor. (Id. at 22.)
Plaintiffs seek to certify a class of all youth detained at the JTDC during Empire filming. They seek money damages from the County Defendants for the alleged violation of their due process rights pursuant to 42 U.S.C. § 1983 (Counts I, II, and VI). They also seek damages under state law theories: intentional infliction of emotional distress against the County Defendants (Count IX) and breach of fiduciary duty against Defendant Dixon and Defendant Does (Count VII).Against the Fox Defendants, Plaintiffs assert state law claims of inducement of a breach of fiduciary duty (Count VII), civil conspiracy (Count X) and unjust enrichment (Count XII).5
Any proposed class must meet four requirements under Federal Rule of Civil Procedure 23(a): numerosity, commonality, typicality, and adequacy of representation. FED. R. CIV. P. 23(a). The class then must satisfy the requirements of one of the three types of classes listed in Rule 23(b). See Messner v. Northshore Univ. Health Sys., 669 F.3d 802, 811 (7th Cir. 2012). For all of their claims, Plaintiffs seek certification under Rule 23(b)(3), which requires a showing that "questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy." FED. R. CIV. P. 23(b)(3). In the alternative, Plaintiffs ask the court to certify a class for their claims against the Fox Defendants under Rule 23(b)(1)(B), appropriate if "adjudications with respect to individual class members . . . would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests." FED. R. CIV. P. 23(b)(1)(B).
A "party seeking class certification must affirmatively demonstrate his compliance with the rule—that is, he must be prepared to prove that there are in fact sufficiently numerous parties, common questions of law or fact, etc." Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). Plaintiffs bear the burden of showing that Rule 23's requirements are met by a preponderance of the evidence. Messner, 669 F.3d at 811. A court may look beyond the pleadings to determine whether class certification is appropriate, because "[o]n issues affecting class certification, [ ] acourt may not simply assume the truth of the matters as asserted by the plaintiff." Id. If there are factual disputes, "the court must receive evidence and resolve the disputes before deciding whether to certify the class." Id. (internal quotation omitted). This inquiry may involve "some overlap with the...
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