Langley et al v. Kelly et al
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:23-cv-00192 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | Jan 23, 2023 |
| Terminated: | Nov 08, 2024 |
| Case in other court: | Circuit Court of the Second Judicial Circuit, 2023 CH 2 |
| Last checked: Saturday Jul 22, 2023 4:33 AM CDT |
|
Defendant
Brendan Kelly
|
Represented By
|
|
Defendant
Cole Price Shaner
|
Represented By
|
|
Plaintiff
Timothy B. Jones
|
Represented By
|
|
Plaintiff
Jeremy W. Langley
|
Represented By
|
|
Plaintiff
Matthew Wilson
|
Represented By
|
GPO
Apr 28 2023
STRICKEN AT DOC. 35 - ORDER granting 6 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) Modified on 4/28/2023 (mar). |
|
|
GPO
Apr 28 2023
ORDER granting 6 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) |
|
|
GPO
Nov 08 2024
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days. Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
|
|
GPO
Nov 08 2024
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
|
|
GPO
Dec 09 2024
PERMANENT INJUNCTION. Signed by Judge Stephen P. McGlynn on 12/9/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
|
|
GPO
Dec 09 2024
CLERK'S JUDGMENT. Signed by Judge Stephen P. McGlynn on 12/9/2024. The Clerk's Judgment issued on November 8, 2024 (Doc. 259) is hereby VACATED. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
| Docket last updated: 8 hours ago |
| Monday, December 09, 2024 | ||
| 55 | 55
order
Judgment - Clerk
Mon 12/09 3:02 PM
CLERK'S JUDGMENT. Signed by Judge Stephen P. McGlynn on 12/9/2024. The Clerk's Judgment issued on November 8, 2024 (Doc. 259) is hereby VACATED . Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
|
| 54 | 54
2
pgs
order
Order
Mon 12/09 2:59 PM
PERMANENT INJUNCTION. Signed by Judge Stephen P. McGlynn on 12/9/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
|
| 53 | 53
order
Order
Mon 12/09 2:57 PM
ORDER: On December 5, 2024, the Court of Appeals for the Seventh Circuit issued an Order holding that this Court's issuance of a Permanent Injunction and of Judgment on November 8, 2024 was deficient for failure to adequately comply with Federal Rules of Civil Procedure 58 and 65. ( See Doc. 269; see also Docs. 258, 259). While the case was not remanded to this Court, the Seventh Circuit wrote that "we trust that the district court will enter appropriate orders promptly without the need for a formal command by this court." (Doc. 269, p. 2). Therefore, this Court will issue a Permanent Injunction and an Amended Clerk's Judgment in separate Orders in accordance with the Seventh Circuit's command ( see Doc. 269) and with Federal Rules of Civil Procedure 58 and 65. The Clerk of Court is DIRECTED to notify the Seventh Circuit of the issuance of the Permanent Injunction and Amended Clerk's Judgment once filed. Signed by Judge Stephen P. McGlynn on 12/9/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/9/2024 (trf) |
|