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Case: Lippert v. Godinez

1:10-cv-04603 | U.S. District Court for the Northern District of Illinois

Filed Date: July 23, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 23, 2010, a prisoner at Stateville Correction Center filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued Wexford Health Services and the Illinois Department of Corrections under 42 U.S.C. § 1983. The plaintiff, representing himself pro se, asked the court for monetary damages and injunctive relief. The plaintiff claimed that the defendants were deliberately indifferent to his medical needs resulting from Type 1 Diabetes, viola…

On July 23, 2010, a prisoner at Stateville Correction Center filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued Wexford Health Services and the Illinois Department of Corrections under 42 U.S.C. § 1983. The plaintiff, representing himself pro se, asked the court for monetary damages and injunctive relief. The plaintiff claimed that the defendants were deliberately indifferent to his medical needs resulting from Type 1 Diabetes, violating Stateville Correction Center's medical policy and depriving the plaintiff of his rights under the Eighth Amendment. Later in an amended complaint, the plaintiffs requested class certification and cited chronic understaffing as a root cause of the systemic problems with medical care, and that when prisoners were seen by clinicians, the care was substandard. The case was assigned to Judge Ruben Castillo. On August 10, 2010, the court appointed private counsel to represent the plaintiff, and on November 10, the plaintiff filed a first amended complaint.

On October 7, 2011, the plaintiffs submitted a second amended complaint with counsel from Uptown People's Law Center joining the case. The plaintiffs sought class certification for a class of all people who were or will be confined in Illinois adult correctional centers that had not received adequate medical treatment due to misconduct of Wexford or its staff. The complaint included two subclasses: first for those who required but were not receiving a medically necessary diet, and second for those who were not receiving prescribed medical treatment in a timely manner. The complaint also added claims for violations of Illinois state law, including the state fraud and deceptive trade practices act and breach of contract.

On January 9, 2012, the defendants filed motions to dismiss all counts against them. They claimed that the plaintiffs presented a "mishmash" of claims against unrelated defendants, that the plaintiffs class claims were overbroad, and that sovereign immunity protected the defendants from suit on the claims under state law. In December 2011, the case had been referred to Judge Morton Denlow for settlement conferences. But in light of the motion to dismiss, the parties indicated they were no longer interested in settlement until the issue of class certification had been decided.

After acquiring multiple extensions for time and compelling discovery from the defendants, on October 31, 2012, plaintiffs filed a third amendment complaint. They requested certification of a new class of all present and future prisoners in the custody of the Illinois Department of Corrections. Moreover, they cited Wexford's private contract for flat payment to provide medical care for the entire Illinois prison population as the company's economic incentive to take short cuts on medical care. The plaintiffs removed the state law claims, leaving only the class-wide and individual claims of deliberate indifference under § 1983. By this complaint, the Roger Baldwin Foundation of the ACLU had joined as counsel for the plaintiffs.

On December 20, 2012, defendants filed another motion to dismiss all counts for failure to comply with the PLRA. That same day, the parties filed an agreement to assure compliance with HIPAA. On January 10, 2013, the court denied the motion in open court without an order or opinion. Subsequently, the parties began settlement discussions. But in October 2013, the case was reassigned to Judge Sarah Ellis, which vacated all of the previously set dates to confer and hearings on discovery issues.

In November 2013, the parties agreed to appoint an independent medical expert to evaluate the constitutionality of the medical care provided in the Illinois correctional system. On December 18, the plaintiffs voluntarily dismissed the class-wide claims against Wexford without prejudice, leaving remaining claims against individual officers. In June and July 2014, the expert completed site visits.

While waiting for the expert's reports, the defendants moved for summary judgment. In January 2015, the case was again reassigned to Judge Jorge Luis Alonso. In March 2015, the parties were unable to reach a settlement after multiple conferences.

On May 19, 2015, the court-appointed expert's final report was filed with the court, describing that the health care program for prisoners in the State of Illinois was not meeting the minimal constitutional standard. On June 16, 2015, the court denied the defendants' motion for summary judgement. The court found that a reasonable fact-finder could conclude that the defendants acted with deliberate indifference toward the plaintiff's serious medical needs—in particular when the defendants knew that the plaintiff was an insulin-dependent diabetic but still ignored his requests for insulin (in one case, while the plaintiff was lying on the floor of his cell). 2015 WL 3777551. One of the defendants requested reconsideration of the decision, which the court subsequently denied in August.

On December 7, 2015, plaintiffs filed a Fourth Amendment complaint, requested to bifurcate class claims from individual claims, and filed a new motion to certify class. The new alleged class was all prisoners in the custody of the Illinois Department of Corrections (IDOC) with serious medical or dental needs. On January 19, 2016, the court denied the plaintiffs' request to bifurcate the claims.

On April 18, 2016, a plaintiff in another case about Wexford's medical care services filed to relate to this case (Everett v. Hardy, Docket No. 1:13-cv-04697). But because that case had been ongoing for three years, Judge Alonso denied the motion to relate the cases. The parties continued discovery as they waited on the court's decision as to class certification.

On January 26, 2017, the court held a hearing on the motion to certify the class, and granted the motion on April 28, 2017. The court certified an injunctive relief class of all prisoners in the custody of the Illinois Department of Corrections with serious medical or dental needs. 2017 WL 1545672. In July, the individual plaintiff again requested to bifurcate his claims from the class claim, which the court this time granted. In August, the defendants and the individual plaintiff reached a private settlement. On March 24, 2017, the plaintiff dismissed the individual damages claims, which dismissed a handful of named defendants with prejudice.

In December 2017, the court appointed another expert to determine whether any of the systemic deficiencies identified in the first expert’s report from 2014 existed within IDOC. Throughout 2018, the parties continued to vigorously litigate discovery issues, including motions for sanctions against the defendants. In the fall of 2018, the parties began submitting pretrial motions and documents, as well as settlement conferences.

On November 14, 2018, the second expert filed a report with the court. The expert found that overall, conditions had not improved since the first expert's report. Staff vacancies continued to be high and Wexford had not hired credentialed physicians, in both the medical and dental departments. And outdated systems like paper filings contributed to substandard care, in addition to poorly sanitized clinical areas. On November 16, 2018, the plaintiffs submitted proposed findings of fact and conclusions of law to the court.

On December 6, 2018, the plaintiffs requested a preliminary injunction to create a staffing plan with the expert. But on January 3, the parties filed a joint motion for approval of a class action settlement and consent decree (mooting the motion for preliminary injunction). The settlement included provisions for minimum qualifications for staff and employ new healthcare administrators. The defendants also agreed to provide sanitary clinical spaces and to revise and improve the dental program. The settlement also appointed a monitor to implement and oversee the staffing plan. The defendants also agreed to provide detailed reports to the monitor and to plaintiffs' counsel every six months for the first two years, and then every year thereafter. The court would retain jurisdiction over the agreement for a minimum of three years and a maximum of ten years after its approval.

Hundreds of class members subsequently filed objections to the settlement with the court. On March 29, 2019, the court appointed a third-party monitor. On May 9, the court approval the final consent decree.

On November 24, 2019, the expert drafted the first report per the decree's terms, which was filed with the court in January 2019. Reporting and compliance with the decree is ongoing. Since issuing his first report in 2019, the monitor has issued four more reports, the latest of which was filed with the court on August 9, 2022.

At the onset of the COVID-19 pandemic, plaintiffs sought court intervention to address health and safety concerns. On May 22, 2020, plaintiffs filed a motion to appoint an expert to perform analysis of the COVID-19 outbreak at Stateville Correctional Center. Individual plaintiffs within the class filed motions for individualized relief over the first year of the pandemic from June 2020 to March 2021. The court denied each of these motions for raising individualized issues beyond the scope of the class-wide injunctive relief specified by the consent decree.

In addition to requesting an expert to analyze the COVID-19 outbreak at Stateville, on November 20, 2020 plaintiffs filed a motion ordering the prison to implement an employee COVID-19 testing program and to require all staff to wear masks. On December 7, 2020, Judge Jorge L. Alonso granted plaintiffs' motion, ordering that in addition to the testing and mask wearing protocols the defendants were required to report on their progress by December 17, 2021.

Defendants resisted implementing the testing and mask wearing program and on January 6, 2021 filed a motion opposing the program. Judge Alonso denied defendants' motion and ordered the parties to meet and negotiate a workable program together. Defendants remained non-compliant throughout the summer months which plaintiffs brought to the attention of the court through an omnibus motion to enforce filed on June 15, 2021 as well as a motion addressing on-going lack of adequate medical care filed on July 22, 2021. On October 5, 2021, the court granted an omnibus motion to enforce, ordering defendants to file their implementation plan with the court by November 10, 2021. Defendants ultimately filed their implementation plan on December 31, 2021.

After reviewing the proposed implementation plan, plaintiffs filed a motion to amend the time limit provision of the original consent decree on March 28, 2022. The consent decree originally stipulated that it and the underlying case would terminate on May 9, 2022 unless the court determined defendants were not in substantial compliance with the decree. The proposed amendment, which the court approved on March 30, 2022, extended the decree until May 9, 2024.

Once the implementation plan was eventually entered on May 31, 2022, plaintiffs moved for a finding of contempt against defendants for failing to provide specific, actionable steps in the implementation plan on June 22. After first directing defendants to amend their implementation plan as required by the consent decree, on August 5, 2022, Judge Alonso granted plaintiffs' motion for contempt in part, finding defendants in contempt for failing to complete the implementation plan as required by the consent decree and for failing to comply with the court's previous orders. As of September 2022, litigation surrounding the implementation of the consent decree remains ongoing.

 

Summary Authors

David Smellie (2/10/2017)

Chelsea Rinnig (1/16/2020)

Elena Meth (9/26/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4507054/parties/lippert-v-ghosh/


Judge(s)

Alonso, Jorge Luis (Illinois)

Castillo, Rubén (Illinois)

Cox, Susan (Illinois)

Denlow, Morton (Illinois)

Martin, Daniel G. (Illinois)

Attorneys(s) for Plaintiff

Andrichik, William Robert (Illinois)

Argentine, Kristine (Illinois)

Bennett, Camille E. (Illinois)

Brown, Ruth Z. (Illinois)

Green, Ebony Hope (Illinois)

Judge(s)

Alonso, Jorge Luis (Illinois)

Castillo, Rubén (Illinois)

Cox, Susan (Illinois)

Denlow, Morton (Illinois)

Martin, Daniel G. (Illinois)

Attorneys(s) for Plaintiff

Andrichik, William Robert (Illinois)

Argentine, Kristine (Illinois)

Bennett, Camille E. (Illinois)

Brown, Ruth Z. (Illinois)

Green, Ebony Hope (Illinois)

Grossman, Harvey (Illinois)

Hirshman, Harold C. (Illinois)

Johnson, Mark L. (Minnesota)

Marsh, Robyn Elizabeth (Illinois)

Mazur, Elizabeth N (Illinois)

Miller, Lindsay Stark (Illinois)

Mills, Alan S. (Illinois)

Mula, Rick Aidan (Illinois)

Reineck, Katherine Grace (Illinois)

Rinella-Argentine, Kristine Marie (Illinois)

Romo, Peter (Illinois)

Schult, Nicole (Illinois)

Seber, John Robert (Illinois)

Stephenson, Michael Charles (Illinois)

Stiehl, Jason P (Illinois)

Street, Richard Jonathon (Illinois)

Sullivan, Teresa A. (Illinois)

Van Der Laan, David T. (Illinois)

Williams, Ryan Christopher (Illinois)

Attorneys(s) for Defendant

Alikhan, Saira Janine (Illinois)

Arnold, Michael D. (Illinois)

Baker, Deborah J. (Illinois)

Beribak, John J (Illinois)

Charysh, Michael Johnathon (Illinois)

Doran, James Patrick (Illinois)

Eliaser, Matthew Aaron (Illinois)

Fletcher, Christopher Ryan (Illinois)

Hallaj, Summer Muazaz (Illinois)

Hayes, John R (Illinois)

Inouye, Thor Yukinobu (Illinois)

Lovellette, Kevin R. (Illinois)

Lutzke, Jennifer Marie (Illinois)

Newman, Sarah Hughes (Illinois)

Ptasznik, Agnes A. (Illinois)

Staley, Nicholas Scott (Illinois)

Tjepkema, Richards A. (Illinois)

Weller, Matthew H. (Illinois)

Other Attorney(s)

Mazza, Michael P (Illinois)

Sassan, Anthony Joseph (Illinois)

Wolf, Benjamin S. (Illinois)

Expert/Monitor/Master

Hewitt, Larry R.N. (Nebraska)

Knox, Catherine M M.N (Illinois)

LaMarre, Madeleine (Georgia)

Meyer, Karl D.D.S. (North Carolina)

Puisis, Michael M.D. (Illinois)

Raba, Jack M.D (Illinois)

Saylor, Karen M.D. (Kentucky)

Shansky, Ronald M.D., S.C. (Illinois)

Shulman, Jay (Texas)

Documents in the Clearinghouse

Document

1:10-cv-04603

Docket [PACER]

Lippert v. Ghosh

Jan. 13, 2020

Jan. 13, 2020

Docket
1

1:10-cv-04603

Complaint

Lippert v. Ghosh

July 23, 2010

July 23, 2010

Complaint
10

1:10-cv-04603

First Amended Complaint

Lippert v. Ghosh

Nov. 10, 2010

Nov. 10, 2010

Complaint
39

1:10-cv-04603

Second Amended Complaint

Oct. 7, 2011

Oct. 7, 2011

Complaint
97

1:10-cv-04603

Motion to Dismiss

Jan. 9, 2012

Jan. 9, 2012

Pleading / Motion / Brief
90

1:10-cv-04603

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS

Jan. 9, 2012

Jan. 9, 2012

Pleading / Motion / Brief
146

1:10-cv-04603

Third Amended Complaint

Oct. 31, 2012

Oct. 31, 2012

Complaint
166

1:10-cv-04603

Agreed HIPAA Qualified Compliance Order

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion
163

1:10-cv-04603

Defendants Wexford Health Sources, Inc. and Athena Rossiter's Motion to Dismiss Plaintiff's Third Amended Complaint

Dec. 20, 2012

Dec. 20, 2012

Pleading / Motion / Brief

1:10-cv-04603

Final Report of the Court Appointed Expert

May 19, 2015

May 19, 2015

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4507054/lippert-v-ghosh/

Last updated Sept. 25, 2022, 1:16 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and seven copies by Don Lippert. (Exhibit) (lp, ) (Envelope postmarked 7/20/10) Modified on 7/29/2010 (aew, ). (Entered: 07/26/2010)

July 23, 2010

July 23, 2010

Clearinghouse
2

CIVIL Cover Sheet. (lp, ) (Entered: 07/26/2010)

July 23, 2010

July 23, 2010

PACER
3

JURY Demand. (lp, ) (Entered: 07/26/2010)

July 23, 2010

July 23, 2010

PACER
5

MINUTE entry before Honorable Ruben Castillo: Plaintiff has paid the $350 filing fee and may proceed with his complaint against the Defendants. Summonses, however, shall not yet issue. On its own motion, the Court appoints Jason Patrick Stiehl, Seyfarth Shaw, LLP 131 South Dearborn Street, Suite 2400, Chicago, IL 60603, tel: (312) 460-5000, to represent Plaintiff in accordance with counsel's trial bar obligation under N.D. Ill. Local Rule 83.11(g). Within 30 days of the date of this order, counsel shall enter an appearance and inform the Court whether he intends to proceed with the complaint or file an amended complaint. The clerk shall send a copy of this order and the complaint to counsel. (For further details see minute order). Mailed notice. (jj, ) (Entered: 08/11/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER

MAILED a copy of the minute order dated 8/10/10 and the complaint to counsel. (jj, )

Aug. 11, 2010

Aug. 11, 2010

PACER

mailed

Aug. 11, 2010

Aug. 11, 2010

PACER
6

ATTORNEY Appearance for Plaintiff Don Lippert by Jason Patrick Stiehl (Stiehl, Jason) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

PACER
7

MOTION by Plaintiff Don Lippert for extension of time to amend Complaint (Stiehl, Jason) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
8

NOTICE of Motion by Jason Patrick Stiehl for presentment of motion for extension of time to amend 7 before Honorable Ruben Castillo on 9/21/2010 at 09:45 AM. (Stiehl, Jason) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
9

MINUTE entry before Honorable Ruben Castillo:Plaintiff's appointed counsel has informed the Court that an amended complaint is appropriate. Plaintiff's motion for extension of time to file an amended complaint 7 is granted. The Court will give plaintiff's appointed counsel until 11/10/2010 to file an amended complaint. Plaintiff's counsel should also exhaust all settlement possibilities with the defendants. In the meantime, the current pro se complaint is dismissed without prejudice to the filing of the amended complaint. Motion hearing set for 9/21/2010 is vacated.Mailed notice (rao, ) (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
10

AMENDED complaint by Don Lippert against All Defendants (Attachments: # 1 Exhibit A: Medical Progress Notes, # 2 Exhibit B: May 7 2001 Letter, # 3 Exhibit C: Grievance Officer Report, # 4 Exhibit D: July 2 2004 Letter to Walker, # 5 Exhibit E: February 8 2005 Diet Policy, # 6 Exhibit F: April 20 2008 Grievance, # 7 Exhibit G: Ssenfuma Report, # 8 Exhibit H: Grievance Report, # 9 Exhibit I: IDOC Report)(Stiehl, Jason) (Entered: 11/10/2010)

1 Exhibit A: Medical Progress Notes

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2 Exhibit B: May 7 2001 Letter

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3 Exhibit C: Grievance Officer Report

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4 Exhibit D: July 2 2004 Letter to Walker

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5 Exhibit E: February 8 2005 Diet Policy

View on PACER

6 Exhibit F: April 20 2008 Grievance

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7 Exhibit G: Ssenfuma Report

View on PACER

8 Exhibit H: Grievance Report

View on PACER

9 Exhibit I: IDOC Report

View on PACER

Nov. 10, 2010

Nov. 10, 2010

Clearinghouse
11

MINUTE entry before Honorable Ruben Castillo:Parties to file a joint status report on or before 1/7/2011. Status hearing set for 1/13/2011 at 9:45 AM.Mailed notice (rao, ) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER

summons issued

Nov. 30, 2010

Nov. 30, 2010

PACER

SUMMONS Issued as to Defendants Willard Elyea, Melody Ford, Tammy Garcia, Partha Ghosh, Terry McCann, Joseph SsEnfuma, Quentin Tanner, Roger Walker (emd, )

Nov. 30, 2010

Nov. 30, 2010

PACER
12

SUMMONS Returned Executed by Don Lippert as to Tammy Garcia on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
13

SUMMONS Returned Executed by Don Lippert as to Partha Ghosh on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
14

SUMMONS Returned Executed by Don Lippert as to Terry McCann on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
15

SUMMONS Returned Executed by Don Lippert as to Quentin Tanner on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
16

SUMMONS Returned Executed by Don Lippert as to Joseph SsEnfuma on 12/10/2010, answer due 1/3/2011. (Stiehl, Jason) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
17

SUMMONS Returned Unexecuted by Don Lippert as to Melody Ford. (Stiehl, Jason) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
18

SUMMONS Returned Executed by Don Lippert as to Roger Walker on 12/15/2010, answer due 1/5/2011. (Stiehl, Jason) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
19

ATTORNEY Appearance for Defendants Partha Ghosh, Joseph SsEnfuma by Richard A. Tjepkema (Tjepkema, Richard) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
20

STATUS Report Joint Status Report by Partha Ghosh, Don Lippert, Joseph SsEnfuma (Stiehl, Jason) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
21

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 1/13/2011. The Court will hold a settlement conference in chambers on 2/23/2011 at 12:30 PM. Clients with settlement authority are directed to appear or be available by telephone. Defendants' counsel is directed to work with the prison officials to have Plaintiff available by telephone. Defendants do not have to answer or otherwise plead to the amended complaint until further court order.Mailed notice (rao, ) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
22

ATTORNEY Appearance for Defendant Roger Walker by Saira Janine Alikhan (Alikhan, Saira) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
23

ATTORNEY Appearance for Defendant Roger Walker by Agnes A Ptasznik (Ptasznik, Agnes) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
24

MOTION by Defendant Roger Walker for extension of time (Ptasznik, Agnes) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
25

NOTICE of Motion by Agnes A Ptasznik for presentment of extension of time 24 before Honorable Ruben Castillo on 2/23/2011 at 12:30 PM. (Ptasznik, Agnes) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
26

MINUTE entry before Honorable Ruben Castillo:Defendant's motion to enlarge 24 is granted. Defendants to answer or otherwise plead to the amended complaint on or before 3/16/2011.Mailed notice (rao, ) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
27

MINUTE entry before Honorable Ruben Castillo:The settlement conference set for 2/23/2011 will begin at 2:00 PM.Mailed notice (rao, ) (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

PACER
28

ATTORNEY Appearance for Defendants Tammy Garcia, Quentin Tanner by Agnes A Ptasznik (Ptasznik, Agnes) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
31

WAIVER OF SERVICE returned executed by Don Lippert. (ma, ) (Entered: 02/23/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
32

WAIVER OF SERVICE returned executed by Don Lippert. Tammy Garcia waiver sent on 12/15/2010, answer due 2/14/2011. (ma, ) (Entered: 02/23/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
33

WAIVER OF SERVICE returned executed by Don Lippert. Quentin Tanner waiver sent on 12/15/2010, answer due 2/14/2011. (ma, ) (Entered: 02/23/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
34

WAIVER OF SERVICE returned executed by Don Lippert. Terry McCann waiver sent on 12/6/2010, answer due 2/4/2011. (ma, ) (Entered: 02/23/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
35

LETTER from Lora Haven dated January 20, 2011. (ma, ) (Entered: 02/23/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
29

ATTORNEY Appearance for Defendant Partha Ghosh by John J. Beribak (Beribak, John) (Entered: 02/21/2011)

Feb. 21, 2011

Feb. 21, 2011

PACER
30

ATTORNEY Appearance for Defendant Partha Ghosh by Michael John Charysh (Charysh, Michael) (Entered: 02/21/2011)

Feb. 21, 2011

Feb. 21, 2011

PACER
36

MINUTE entry before Honorable Ruben Castillo:Settlement conference held in chambers on 2/23/2011. The Court requests the defendants to quickly evaluate the Court's settlement proposal of a non-monetary transfer to the Dixon Correctional Center given Plaintiff's prior litigation history. The Court is also concerned that Plaintiff's prior settlement agreement bars his present complaint. Therefore, the current pending complaint will be dismissed without prejudice to the filing of an amended complaint which contains factual allegations which post-date Plaintiff's settlement agreement. The parties should notify the Court if this case is settled.Mailed notice (rao, ) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
37

SUMMONS Returned Unexecuted by Don Lippert as to Willard Elyea. (Stiehl, Jason) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
38

ATTORNEY Appearance for Plaintiff Don Lippert by Kristine Marie Rinella Argentine (Rinella, Kristine) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
39

SECOND AMENDED complaint by Don Lippert against Salvador Godinez, Illinois Department of Corrections, Louis Shicker, unknown Maldonado, Alphonso Norman, Lanel Palmer, Wexford Health Sources, Inc., Adrian Bacot, Liping Zhang, Athena Rossiter, Gloria Breske and terminating Terry McCann, Roger Walker, Melody Ford and Tammy Garcia (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Rinella, Kristine) (Entered: 10/07/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

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11 Exhibit K

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Oct. 7, 2011

Oct. 7, 2011

Clearinghouse

summons issued

Oct. 11, 2011

Oct. 11, 2011

PACER

SUMMONS Issued as to Defendants Adrian Bacot, Gloria Breske, Salvador Godinez, Illinois Department of Corrections, Alphonso Norman, Lanel Palmer, Athena Rossiter, Louis Shicker, Wexford Health Sources, Inc., Liping Zhang (tg, )

Oct. 11, 2011

Oct. 11, 2011

PACER
40

ATTORNEY Appearance for Plaintiff Don Lippert by Alan S. Mills (Mills, Alan) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER

SUMMONS Issued as to Defendant unknown Maldonado. (ym, )

Oct. 19, 2011

Oct. 19, 2011

PACER

summons issued

Oct. 19, 2011

Oct. 19, 2011

PACER
41

MOTION by Defendant Quentin Tanner for extension of time to file answer or otherwise plead (Alikhan, Saira) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
42

NOTICE of Motion by Saira Janine Alikhan for presentment of motion for extension of time to file answer 41 before Honorable Ruben Castillo on 10/25/2011 at 09:45 AM. (Alikhan, Saira) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
43

MINUTE entry before Honorable Ruben Castillo:Defendant, Quentin Tanner's motion to enlarge 41 is granted. All defendants are given until 11/21/2011 to answer or otherwise plead to the complaint. The Court will hold a status hearing in open court on 11/22/2011 at 9:45 AM. Motion hearing set for 10/25/2011 is vacated.Mailed notice (rao, ) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
44

SUMMONS Returned Executed by Don Lippert as to Salvador Godinez on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
45

SUMMONS Returned Executed by Don Lippert as to Lanel Palmer on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
46

SUMMONS Returned Executed by Don Lippert as to Alphonso Norman on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
47

SUMMONS Returned Executed by Don Lippert as to Illinois Department of Corrections on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
48

SUMMONS Returned Executed by Don Lippert as to Louis Shicker on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
49

SUMMONS Returned Executed by Don Lippert as to Wexford Health Sources, Inc. on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
50

SUMMONS Returned Executed by Don Lippert as to Liping Zhang on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
51

SUMMONS Returned Executed by Don Lippert as to Gloria Breske on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
52

SUMMONS Returned Executed by Don Lippert as to Athena Rossiter on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
53

SUMMONS Returned Executed by Don Lippert as to Adrian Bacot on 10/14/2011, answer due 11/4/2011. (Rinella, Kristine) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER

ALIAS Summons Issued as to Defendants Adrian Bacot, Gloria Breske, Athena Rossiter, Liping Zhang. (ym, )

Oct. 24, 2011

Oct. 24, 2011

PACER

alias summons issued

Oct. 24, 2011

Oct. 24, 2011

PACER
55

SUMMONS Returned Unexecuted as to unknown Maldonado. (Attachments: # 1 Letter) (ma,) (Entered: 11/04/2011)

1 Letter

View on PACER

Oct. 31, 2011

Oct. 31, 2011

PACER

alias summons issued

Oct. 31, 2011

Oct. 31, 2011

PACER

ALIAS Summons Issued as to Defendants Alphonso Norman, Lanel Palmer, Louis Shicker. (ym, )

Oct. 31, 2011

Oct. 31, 2011

PACER
54

SUMMONS Returned Executed by Don Lippert as to unknown Maldonado on 10/24/2011, answer due 11/14/2011. (Rinella, Kristine) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
56

ALIAS SUMMONS Returned Unexecuted by Don Lippert as to Liping Zhang. (Rinella, Kristine)(Docket text modified by Clerk's Office) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
57

ALIAS SUMMONS Returned Unexecuted by Don Lippert as to Athena Rossiter. (Rinella, Kristine) (Docket text modified by Clerk's Office) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
58

ALIAS SUMMONS Returned Unexecuted by Don Lippert as to Adrian Bacot. (Rinella, Kristine)(Docket text modified by Clerk's Office) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
59

ALIAS SUMMONS Returned Unexecuted by Don Lippert as to Gloria Breske. (Rinella, Kristine)(Docket text modified by Clerk's Office.) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
60

SUMMONS Returned Executed by Don Lippert as to Alphonso Norman on 11/1/2011, answer due 11/22/2011. (Rinella, Kristine) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
61

SUMMONS Returned Executed by Don Lippert as to Lanel Palmer on 11/1/2011, answer due 11/22/2011. (Rinella, Kristine) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER

SECOND ALIAS Summons Issued as to Defendants Adrian Bacot, Liping Zhang. (ma,)

Nov. 9, 2011

Nov. 9, 2011

PACER

alias summons issued

Nov. 9, 2011

Nov. 9, 2011

PACER
62

MINUTE entry before Honorable Ruben Castillo: Status hearing reset to 11/23/2011 at 9:45 AM. Status hearing set for 11/22/2011 is vacated.Mailed notice (rao, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER

alias summons issued

Nov. 14, 2011

Nov. 14, 2011

PACER

SECOND ALIAS Summons Issued as to Defendant Louis Shicker. (ym)

Nov. 14, 2011

Nov. 14, 2011

PACER
63

SUMMONS Returned Executed by Don Lippert as to Liping Zhang on 11/10/2011, answer due 12/1/2011. (Rinella, Kristine) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
64

ATTORNEY Appearance for Defendants Salvador Godinez, Illinois Department of Corrections, Quentin Tanner by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
65

MOTION by Defendants Salvador Godinez, Illinois Department of Corrections, Quentin Tanner for extension of time to respond to 2nd Amdended Complaint (Lovellette, Kevin) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
66

NOTICE of Motion by Kevin R. Lovellette for presentment of extension of time 65 before Honorable Ruben Castillo on 11/22/2011 at 09:45 AM. (Lovellette, Kevin) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
67

SUMMONS Returned Executed by Don Lippert as to Adrian Bacot on 11/12/2011, answer due 12/5/2011. (Rinella, Kristine) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
68

SUMMONS Returned Executed by Don Lippert as to Louis Shicker on 11/17/2011, answer due 12/8/2011. (Rinella, Kristine) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
69

MINUTE entry before Honorable Ruben Castillo:Defendants' motion to enlarge 65 is granted. The defendants are given until 12/5/2011 to answer or otherwise plead to Plaintiff's Second Amended Complaint. Status hearing reset to 12/6/2011 at 9:45 AM. Motion hearing set for 11/22/2011 and status hearing set for 11/23/2011 are vacated.Mailed notice (rao, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
70

MOTION by Defendants Salvador Godinez, Illinois Department of Corrections, Quentin Tannerrecall a one-page work product memorandum and remove address from docket #67 (Lovellette, Kevin) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
71

NOTICE of Motion by Kevin R. Lovellette for presentment of motion for miscellaneous relief 70 before Honorable Ruben Castillo on 12/6/2011 at 09:45 AM. (Lovellette, Kevin) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
72

WAIVER OF SERVICE returned executed by Don Lippert. Gloria Breske waiver sent on 11/9/2011, answer due 1/9/2012. (Rinella, Kristine) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
73

WAIVER OF SERVICE returned executed by Don Lippert. unknown Maldonado waiver sent on 11/9/2011, answer due 1/9/2012. (Rinella, Kristine) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
74

STATUS Report by Don Lippert (Rinella, Kristine) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
75

ATTORNEY Appearance for Defendants Adrian Bacot, unknown Maldonado, Alphonso Norman, Lanel Palmer, Louis Shicker by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
76

MOTION by Defendant Partha Ghosh for extension of time to file answer to plaintiff's second amended complaint (Beribak, John) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
77

NOTICE of Motion by John J. Beribak for presentment of motion for extension of time to file answer 76 before Honorable Ruben Castillo on 12/13/2011 at 09:45 AM. (Beribak, John) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
78

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 12/6/2011 and continued to 2/9/2012 at 9:45 a.m. Defendants' unopposed motion for extension of time to answer or otherwise plead to the second amended complaint 76 is granted. Defendants to answer or otherwise plead to the second amended complaint on or before 1/9/2012. The parties are to proceed with all class discovery. Plaintiff's motion for class certification is due on or before 3/1/2012. Defendants' counsel is advised to tell the defendants not to speak to the Plaintiff about this lawsuit.Mailed notice (rao, ) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
79

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Morton Denlow for the purpose of holding proceedings related to: settlement conference.(rao, )Mailed notice. (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
80

MINUTE entry before Honorable Ruben Castillo: Motion hearing held on 12/6/2011. Defendant's unopposed motion to remove a page from exhibit B to the Second Amended Complaint and to remove Defendant Bacot's address from the docket system 70 is granted. The Clerk of Court is directed to remove Exhibit B of the Second Amended Complaint (Docket # 39 ) that was filed by the Plaintiff on 10/7/2011. Plaintiff should refile Exhibit B without the internal memorandum from the Attorney General's Office. The Clerk of Court is also directed to remove the Summons Returned Executed as to Adrian Bacot filed by Plaintiff on 11/18/11 (Docket # 67 ). Plaintiff should file a redacted summons without Defendant Adrian Bacots address on the summons. Mailed notice (ma,) (Entered: 12/07/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
81

MINUTE entry before Honorable Morton Denlow:This case has been referred to Judge Denlow to conduct a settlement conference. The parties are directed to review and to comply with Judge Denlow's Standing Order Setting Settlement Conference. Copies are available in chambers or through Judge Denlow's web page at www.ilnd.uscourts.gov. Judge Denlow requires full compliance with this standing order before conducting a settlement conference. Failure to comply with the provisions of the Court's Standing Order Setting Settlement Conference may result in the unilateral cancellation of the settlement conference by the Court. The parties shall jointly contact the courtroom deputy, Linda Garth at 312/435-5857, with mutually agreeable dates or appear at 10:00 a.m. on 1/3/2012 to set a settlement conference date. Because of the volume of settlement conferences conducted by Judge Denlow, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Parties are required to deliver to chambers or fax to chambers (312/554-8547) copies of their most recent settlement demands and offers at least five (5) business days prior to the settlement conference. Mailed notice (ldg, ) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
82

AMENDED amended complaint,, 39 Amended Exhibit B to Second Amended Complaint (Rinella, Kristine) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
83

SUMMONS Returned Executed by Don Lippert (Rinella, Kristine) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
84

MINUTE entry before Honorable Morton Denlow: Status hearing set for 1/3/2012 is stricken by agreement of the parties and reset to 1/10/2012 at 10:00 AM.Mailed notice (ldg, ) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
85

ATTORNEY Appearance for Defendants Adrian Bacot, unknown Maldonado, Alphonso Norman, Lanel Palmer by Saira Janine Alikhan (Alikhan, Saira) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All prisoners in the custody of the Illinois Department of Corrections with serious medical or dental needs.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections, State

Wexford Health Sources, Inc., Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Content of Injunction:

Reporting

Monitor/Master

Goals (e.g., for hiring, admissions)

Preliminary relief request withdrawn/mooted

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Record-keeping

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Affected Gender:

Female

Male

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

COVID-19:

COVID testing ordered/modified

Inspection ordered/regulated

PPE-ordered worn by staff

Type of Facility:

Government-run

Non-government for-profit