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Wrightsell v. Cook County, Illinois

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SUBMITTED SEPTEMBER 28, 2009

Before POSNER, WOOD, and TINDER,Circuit Judges.

Lance Wrightsell, a former inmate of the Cook County Jail, brought suit under 42 U.S.C. § 1983 against the County (and its sheriff, but we can disregard the claim against him), charging that its failure to make more than a single dentist available to the jail’s 10,000 inmates was cruel and unusual punishment and thus violated the Eighth Amendment. He asked the district court to certify a class consisting of “all persons who, while confined at Cook County Jail on and after Sept. 23, 2006, made a request for treatment of dental pain and were not examined by a dentist within 7 days of that request.” The district court denied class certification, and after we denied Wrightsell’s petition for leave to appeal the denial, Wrightsell v. Sheriff of Cook County, No. 09-8016 (Apr. 2, 2009), he agreed to the defendant’s offer of judgment, made pursuant to Fed. R. Civ. P. 68, of $10,000. The offer stated that the plaintiff agrees to dismiss his suit and renounce “any right to appeal.”

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