Shakman v. Clerk of Cook County

Magistrate Judge did not err in finding that defendant-Clerk of Cook County violated two Shakman consent decrees entered in 1972 and 1991 that concerned defendant's hiring practices and in refusing defendant's request to vacate said decrees. Both decrees were designed to curtail practices that conditioned government employment on political patronage, and record supported plaintiffs' claims that defendant unilaterally changed list of political positions that were exempt from hiring oversight, hired new employees for non-exempt positions without publicly posting said positions and punished independent employees by assigning disfavored job assignment rotations, all of which were prohibited under said decrees. Also, Magistrate Judge did not abuse his discretion in denying defendant's motion to vacate 1972 and 1991 consent decrees under Rule 60(b)(5), even though defendant argued that said decrees involved political questions that were not fit for resolution by federal courts, where: (1) consent decrees addressed freedom of association rights protected by First Amendment; (2) legal rights and applicable standard are evident and judicially manageable; and (3) Magistrate Judge could properly find that defendant made no effort to conform her conduct to directives contained in consent decrees. Also, Ct. of Appeals lacked jurisdiction to consider defendant's appeal of order appointing special master to monitor defendant's future compliance with consent decrees, since said order was not final and appealable, and did not otherwise constitute modification of substance of consent decrees.