Case: Gay v. Baldwin

1:19-cv-01133 | U.S. District Court for the Central District of Illinois

Filed Date: Oct. 28, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case addresses the Illinois Department of Corrections’ treatment of a prisoner during two decades of solitary confinement. Initially, the prisoner had been sentenced to serve seven years in prison as a young adult. However, during his first years in prison, he accumulated infractions for violent behavior caused by an untreated personality disorder. As a result, his sentence was extended to almost two lifetimes in solitary confinement. Released in August 2018 as the result of a habeas peti…

This case addresses the Illinois Department of Corrections’ treatment of a prisoner during two decades of solitary confinement.

Initially, the prisoner had been sentenced to serve seven years in prison as a young adult. However, during his first years in prison, he accumulated infractions for violent behavior caused by an untreated personality disorder. As a result, his sentence was extended to almost two lifetimes in solitary confinement. Released in August 2018 as the result of a habeas petition (one of more than 3 dozen federal lawsuits he filed challenging his confinement), he filed this lawsuit against the State of Illinois and its Department of Corrections on October 28, 2018, in the U.S. District Court for the Northern District of Illinois. Represented by Loevy & Loevy, the MacArthur Justice Center, and private counsel, he brought claims under 42 U.S.C. §1983, the Americans with Disabilities Act, and the Rehabilitation Act. Under §1983 he alleged that the Department had violated his rights under the Eighth and Fourteenth Amendments to the United States Constitution, and he claimed that the Department discriminated against him by its failure to provide treatment or reasonable accommodations in violation of the Americans with Disabilities Act and the Rehabilitation Act. He sought compensatory, punitive, and nominal damages and attorneys’ fees and costs.

Specifically, the complaint outlined the conditions he faced while in solitary confinement. The plaintiff alleged the Department did not provide him with any way to challenge his placement in solitary confinement. He spent twenty years in a cell the size of half a parking space with no sensory stimulation or human contact. Throughout the twenty years, the prison recorded dozens of instances of the plaintiff engaging in serious self-mutilation and increasingly aggressive behavior; he alleged that he was never given the acute psychiatric care he needed for his declining mental health.

Initially assigned to Judge Sara L. Ellis, the case was transferred on March 27, 2019 to the Central District of Illinois, where it was assigned to Judge Colin Stirling Bruce. He disqualified and recused himself on September 18, 2019, and the case was reassigned to Judge Harold A. Baker.

Two days prior to his recusal, Judge Bruce denied the Department’s motion to dismiss; however, he dismissed the State of Illinois as a defendant, even though no such dismissal had been sought. He stated that because Illinois accepts federal funding, it does not enjoy Eleventh Amendment immunity from suits brought under the Rehabilitation Act. However, because the Director of the Department of Corrections was sued in his official capacity (which is equivalent to a suit against the state itself), the state’s participation in the lawsuit would be unnecessary.

The plaintiff filed an amended complaint on March 7, 2020. As of July 8, 2020, two motions to dismiss are pending.

Summary Authors

Sarah Reasoner (2/28/2019)

Gregory Marsh (7/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18616754/parties/gay-v-baldwin/


Judge(s)

Baker, Harold Albert (Illinois)

Bruce, Colin Stirling (Illinois)

Ellis, Sara Lee (Illinois)

Attorneys(s) for Plaintiff

Chardon, Alexis Garmey (Illinois)

Filler, Maggie E (Massachusetts)

Grady, Sarah (Illinois)

Greenfield, Daniel M (Illinois)

Loevy, Arthur R. (Illinois)

Romanucci, Antonio Maurizio (Illinois)

Ward, Nicolette A. (Illinois)

Judge(s)

Baker, Harold Albert (Illinois)

Bruce, Colin Stirling (Illinois)

Ellis, Sara Lee (Illinois)

Attorneys(s) for Plaintiff

Chardon, Alexis Garmey (Illinois)

Filler, Maggie E (Massachusetts)

Grady, Sarah (Illinois)

Greenfield, Daniel M (Illinois)

Loevy, Arthur R. (Illinois)

Romanucci, Antonio Maurizio (Illinois)

Ward, Nicolette A. (Illinois)

Weil, Stephen Heschel (Illinois)

Attorneys(s) for Defendant

Atwood, Stetson F. (Illinois)

Hayes, Rachael N (Illinois)

Ieremia, Laura Coffey (Illinois)

Inouye, Thor Yukinobu (Illinois)

Klaus, Jessica Nicole (Illinois)

Lombardo, Joseph Jack (Illinois)

Rehani, Phillip Waleed (Illinois)

Rupcich, Joseph N. (Illinois)

Staley, Nicholas Scott (Illinois)

Taborga, Remy (Illinois)

Weller, Matthew H. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

U.S. District Court for the Northern District of Illinois

June 19, 2020 Docket
1

Complaint

Gay v. State of Illinois

U.S. District Court for the Northern District of Illinois

Oct. 28, 2018 Complaint
44

Order

Gay v. State of Illinois

Sept. 16, 2019 Order/Opinion
82

First Amended Complaint

March 7, 2020 Complaint

Resources

Title Description External URL

Gay v. State of Illinois

MacArthur Justice Center

While held in solitary by the Illinois Department of Corrections (IDOC) for nearly two decades, Anthony Gay’s severe mental illness worsened, and the extreme isolation without any significant treatme… Oct. 28, 2018 https://www.macarthurjustice.org/case/gay-v-state-of-illinois/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18616754/gay-v-baldwin/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Anthony Gay; JURY DEMAND. Filing fee $ 400, receipt number 0752-15113131. (Attachments: # 1 Civil Cover Sheet)(Chardon, Alexis) (Entered: 10/28/2018)

1 Civil Cover Sheet

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Oct. 28, 2018 PACER
2

ATTORNEY Appearance for Plaintiff Anthony Gay by Alexis Garmey Chardon (Chardon, Alexis) (Entered: 10/29/2018)

Oct. 29, 2018 PACER

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (rc, )

Oct. 29, 2018 PACER
3

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ek, ) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
4

ATTORNEY Appearance for Plaintiff Anthony Gay by Stephen H. Weil (Weil, Stephen) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
5

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15118616. (Filler, Maggie) (Entered: 10/30/2018)

Oct. 30, 2018 PACER
6

ATTORNEY Appearance for Plaintiff Anthony Gay by Daniel M Greenfield (Greenfield, Daniel) (Entered: 10/30/2018)

Oct. 30, 2018 PACER
7

ATTORNEY Appearance for Plaintiff Anthony Gay by Nicolette A. Ward (Ward, Nicolette) (Entered: 10/31/2018)

Oct. 31, 2018 PACER
8

ATTORNEY Appearance for Plaintiff Anthony Gay by Antonio Maurizio Romanucci (Romanucci, Antonio) (Entered: 10/31/2018)

Oct. 31, 2018 PACER
9

ORDER: Motion by Maggie E. Filler for leave to appear pro hac vice 5 is granted. The initial status conference in this matter is set for 1/17/2019 at 1:30 PM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 1/10/2019. Motion to appear pro hac vice 5 is granted. Status Report due by 1/10/2019. Signed by the Honorable Sara L. Ellis on 11/5/2018.Mailed notice (smm) (Entered: 11/05/2018)

Nov. 5, 2018 PACER
10

ATTORNEY Appearance for Defendant John Baldwin by Phillip Waleed Rehani (Rehani, Phillip) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
11

ATTORNEY Appearance for Defendants William Puga, Kelly Ann Renzi, Wexford Health Sources Inc by Matthew H Weller (Weller, Matthew) (Entered: 12/12/2018)

Dec. 12, 2018 PACER
12

ATTORNEY Appearance for Defendants William Puga, Kelly Ann Renzi, Wexford Health Sources Inc by Joseph Jack Lombardo (Lombardo, Joseph) (Entered: 12/12/2018)

Dec. 12, 2018 PACER
13

ATTORNEY Appearance for Defendant Dr. Nunez by Stetson F. Atwood (Atwood, Stetson) (Entered: 12/19/2018)

Dec. 19, 2018 PACER
14

ATTORNEY Appearance for Defendant Dr. Nunez by Laura Coffey Ieremia (Ieremia, Laura) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
15

MOTION by Defendants William Puga, Kelly Ann Renzi, Wexford Health Sources Inc for protective order Defendants Wexford Health Sources, Inc., Kelly Renzi, Psy.D, and William Puga, M.D.'s Unopposed Motion for Entry of Qualified Protective Orde Pursuant to HIP[AA (Lombardo, Joseph) (Entered: 12/27/2018)

Dec. 27, 2018 PACER
16

Defendants Wexford Health Sources, Inc., Kelly Renzi, Psy.D., and William Puga, M.D.'s Notice of Unopposed Motion for Entry of Qualified Protective Order Pursuant to HIPAA NOTICE of Motion by Joseph Jack Lombardo for presentment of motion for protective order, 15 before Honorable Sara L. Ellis on 1/11/2019 at 09:45 AM. (Lombardo, Joseph) (Entered: 12/27/2018)

Dec. 27, 2018 PACER

SUMMONS Issued as to Defendants Sylvia Butler, Melvin Hinton, Shane Reister, State Of Illinois (jjr, )

Jan. 3, 2019 PACER

SUMMONS Issued as to Defendant Dr. Chess (jjr, )

Jan. 3, 2019 PACER
17

Re-Notice of Unopposed Motion for Entry of Qualified Protective Order Pursuant to HIPAA NOTICE of Motion by Joseph Jack Lombardo for presentment of motion for protective order, 15 before Honorable Sara L. Ellis on 1/15/2019 at 09:45 AM. (Lombardo, Joseph) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
18

ATTORNEY Appearance for Defendant Melvin Hinton by Nicholas Scott Staley (Staley, Nicholas) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
19

WITHDRAWING Phillip Rehani as counsel for Defendant John Baldwin and substituting Nicholas Scott Staley as counsel of record (Staley, Nicholas) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
20

STATUS Report Joint Initial Status Report by Anthony Gay (Weil, Stephen) (Entered: 01/10/2019)

Jan. 10, 2019 PACER
21

MINUTE entry before the Honorable Sara L. Ellis: The parties' unopposed for entry of qualified protective order pursuant to HIPAA 15 is granted. The parties should submit a clean and red-lined copy of their proposed confidentiality order to the Court's proposed order email. Mailed notice (rj, ) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
22

QUALIFIED PROTECTIVE Order Pursuant to HIPAA. Signed by the Honorable Sara L. Ellis on 1/15/2019. Mailed notice (smm, ) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
23

MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 1/17/2019. Briefing schedule on motions to dismiss: Defendants' motions are due by 2/15/19; Plaintiff's responses are due by 3/15/19; Defendants' replies are due by 3/29/19. Briefing schedule on motion to transfer venue: Defendants' motion to transfer to venue is due by 1/25/19; Plaintiff's response is due by 2/15/19; Defendants' reply is due by 3/1/19. Next status date set for 4/2/19 at 9:30 a.m. for ruling to transfer venue. Mailed notice (rj, ) (Entered: 01/18/2019)

Jan. 17, 2019 PACER
24

ATTORNEY Appearance for Defendant State Of Illinois by Nicholas Scott Staley (Staley, Nicholas) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
25

ATTORNEY Appearance for Defendant Sylvia Butler by Nicholas Scott Staley (Staley, Nicholas) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
26

MOTION by Defendants Dr. Nunez, William Puga, Kelly Ann Renzi, State Of Illinois, Wexford Health Sources Inc to transfer case Venue Pursuant to 28 USCS Sec. 1404 (Attachments: # 1 Exhibit 1- Plf's IDOC Living Assignment History, # 2 Exhibit 2-The Article, # 3 Exhibit Pltf's IDOC Criminal History)(Lombardo, Joseph) (Entered: 01/25/2019)

1 Exhibit 1- Plf's IDOC Living Assignment History

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2 Exhibit 2-The Article

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3 Exhibit Pltf's IDOC Criminal History

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Jan. 25, 2019 PACER
27

ATTORNEY Appearance for Defendants John Baldwin, Sylvia Butler, Melvin Hinton, State Of Illinois by Thor Yukinobu Inouye (Inouye, Thor) (Entered: 02/13/2019)

Feb. 13, 2019 PACER
28

ATTORNEY Appearance for Defendants John Baldwin, Sylvia Butler, Melvin Hinton, State Of Illinois by Thor Yukinobu Inouye (Inouye, Thor) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
29

MOTION by Defendants John Baldwin, Sylvia Butler, Melvin Hinton, State Of Illinois for extension of time UNOPPOSED (Staley, Nicholas) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
30

NOTICE of Motion by Nicholas Scott Staley for presentment of extension of time 29 before Honorable Sara L. Ellis on 2/20/2019 at 09:45 AM. (Staley, Nicholas) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
31

RESPONSE by Anthony Gayin Opposition to MOTION by Defendants Dr. Nunez, William Puga, Kelly Ann Renzi, State Of Illinois, Wexford Health Sources Inc to transfer case Venue Pursuant to 28 USCS Sec. 1404 26 (Attachments: # 1 Exhibit 1)(Weil, Stephen) (Entered: 02/15/2019)

1 Exhibit 1

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Feb. 15, 2019 PACER
32

ANSWER to Complaint with Jury Demand by Dr. Nunez(Atwood, Stetson) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
33

ANSWER to Complaint with Jury Demand by William Puga, Kelly Ann Renzi, Wexford Health Sources Inc(Lombardo, Joseph) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
34

MINUTE entry before the Honorable Sara L. Ellis: Defendants' unopposed motion for extension of time to file their motion to dismiss 29 is granted. Defendants' responsive pleadings are due by 2/22/19; Plaintiff's response is due by 3/22/19; and Defendants' reply is due by 5/5/19. The Court sets a ruling date of 8/7/19 at 9:30 a.m. Mailed notice (rj, ) Modified on 2/20/2019 (rj, ). (Entered: 02/20/2019)

Feb. 20, 2019 PACER
35

MINUTE entry before the Honorable Sara L. Ellis: Minute entry 34 is modified to remove the striking of the 4/2/2019 ruling date. Status hearing set for 4/2/2019 at 9:30 a.m. to stand as ruling date on motion to transfer venue. Entry 34 is further modified to correct briefing on motion to dismiss. Defendants' reply is due by 4/5/2019. Ruling date of 8/7/2019 is stricken and reset for 7/16/2019 at 9:30 AM. Mailed notice (rj, ) (Entered: 02/20/2019)

Feb. 20, 2019 PACER
36

ATTORNEY Appearance for Defendants Dr. Chess, Shane Reister, Jeff Sims by Nicholas Scott Staley (Staley, Nicholas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims, State Of Illinois (Staley, Nicholas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
38

REPLY by Defendants John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Dr. Nunez, William Puga, Shane Reister, Kelly Ann Renzi, Jeff Sims, State Of Illinois, Wexford Health Sources Inc to response in opposition to motion, 31, motion to transfer case, 26 (Staley, Nicholas) (Entered: 03/01/2019)

March 1, 2019 PACER
39

Defendants' Amended Answer and Affirmative Defenses to Plaintiff's Complaint ANSWER to Complaint with Jury Demand by William Puga, Kelly Ann Renzi, Wexford Health Sources Inc(Lombardo, Joseph) (Entered: 03/08/2019)

March 8, 2019 PACER
40

RESPONSE by Anthony Gayin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims, State Of Illinois 37 (Weil, Stephen) (Entered: 03/22/2019)

March 22, 2019 PACER
41

ORDER: The Court grants Defendants' motion to transfer venue pursuant to 28 U.S.C. ยง 1404 26 . The Court transfers this case to the U.S. District Court for the Central District of Illinois. See Statement. Civil case terminated. Signed by the Honorable Sara L. Ellis on 3/27/2019. Mailed notice (smm, ) (Entered: 03/28/2019)

March 27, 2019 PACER
42

TRANSFERRED to the Central District of Illinois the electronic record.(smm, ) (Entered: 04/17/2019)

April 17, 2019 PACER
43

Case transferred in from District of Illinois Northern; Case Number 1:18-cv-07196. . (Entered: 04/18/2019)

April 18, 2019 PACER

Magistrate Judge Eric I. Long added. (DS, ilcd)

Sept. 16, 2019 PACER
44

ORDER entered by Judge Colin Stirling Bruce on 9/16/2019. The Court DENIES Defendants' motion to dismiss Plaintiff's complaint 37 . The Court sua sponte dismisses the State of Illinois as a party in these proceedings. The Court directs the Clerk of the Court to terminate the State of Illinois as a party in this case. The Court refers this case to Magistrate Judge Eric I. Long for further proceedings. See written order. (KE, ilcd) (Entered: 09/16/2019)

Sept. 16, 2019 PACER

TEXT ORDER entered by Judge Colin Stirling Bruce on 9/16/2019. Motion to Dismiss 37 is DENIED pursuant to order 44 entered 9/16/2019. (KE, ilcd)

Sept. 16, 2019 PACER
45

NOTICE of Appearance of Attorney by Joseph N Rupcich on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Rupcich, Joseph) (Entered: 09/16/2019)

Sept. 16, 2019 PACER
46

ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 9/17/2019. Rule 16 Scheduling Conference is set for 10/22/2019 at 10:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written Order. (DS, ilcd) (Entered: 09/17/2019)

Sept. 17, 2019 PACER

ORDER REASSIGNING CASE entered by Judge Colin Stirling Bruce on 9/18/2019. Judge Colin S. Bruce disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455. Pursuant to instructions from Chief Judge Sara Darrow, this matter is reassigned to Judge Harold A. Baker for further proceedings. (KE, ilcd)

Sept. 18, 2019 PACER
47

ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims.(Staley, Nicholas) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
48

NOTICE of Change of Address by Stephen H Weil (Weil, Stephen) (Entered: 10/09/2019)

Oct. 9, 2019 PACER
49

REPORT of Rule 26(f) Planning Meeting by Anthony Gay. (Weil, Stephen) (Entered: 10/15/2019)

Oct. 15, 2019 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/16/2019. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting 49 and the matter is hereby converted from personal appearance to telephone conference on 10/22/19 at 10:00 AM. The Court will initiate the call.(DS, ilcd)

Oct. 16, 2019 PACER
50

NOTICE of Change of Address by Maggie E Filler (Filler, Maggie) (Entered: 10/18/2019)

Oct. 18, 2019 PACER
51

NOTICE of Appearance of Attorney by Rachael N Hayes on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Hayes, Rachael) (Entered: 10/22/2019)

Oct. 22, 2019 PACER
52

Minute Entry for proceedings held 10/22/2019 before Magistrate Judge Eric I. Long. Appearance for Petitioner by Stephen Weil and Nicolette Ward. Appearance for Respondents by Nick Staley, Rachael Hayes and Laura Ieremia. Rule 16 conference held by telephone. Plan approved; dates set. The other limitations referenced in the Report of Rule 26(f) Planning Meeting 49 are adopted by reference. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 11/5/19; ESI discovery submitted by 11/15/19; Fact discovery due 11/20/20; Amended pleadings and joinder of parties by plaintiff due by 8/26/20; Amended pleadings and Joinder of parties by defendant due by 9/28/20; Plaintiff`s expert disclosure and expert reports due by 1/22/21; Defendant's expert disclosure and expert reports due by 3/5/21; Rule 26(e) supplements due 4/16/21; Expert discovery due 6/22/21; Discovery, including deposition of experts, due by 6/22/21; Case dispositive motions due by 6/22/21. A Final Pretrial Conference is set for 10/21/2021 at 10:00 AM in Courtroom C in Urbana before Judge Harold A. Baker. Jury Selection/Jury Trial is set for 11/8/2021 at 9:30 AM in Courtroom C in Urbana before Judge Harold A. Baker. (10 days) A Status Conference is set for 5/11/2020 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long to discuss possible court hosted mediation or summary trial. (Tape #UR-B 10:03 AM.) (DS, ilcd) (Entered: 10/22/2019)

Oct. 22, 2019 PACER

TEXT ORDER entered by Judge Harold A. Baker on 10/30/2019. The minutes 22 from the Rule 16 scheduling conference indicated that discovery is due by June 22, 2021, and that case dispositive motions are due by June 22, 2021. The Court corrects the deadlines as follows: All discovery, including deposition of experts, is to be completed by June 22, 2021. Case dispositive motions are due by July 22, 2021. All other dates and deadlines remain in full force and effect. (KE, ilcd)

Oct. 30, 2019 PACER
53

CERTIFICATE of Service/Counsel Dr. Pierre Nunez's Initial Disclosures Pursuant to Rule 26(a)(1) by Laura Coffey Ieremia on behalf of Dr. Nunez (Ieremia, Laura) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
54

CERTIFICATE of Service/Counsel DEFENDANTS INITIAL RULE 26(a)(1) DISCLOSURES by Nicholas S Staley on behalf of John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims (Staley, Nicholas) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
55

CERTIFICATE of Service/Counsel Amended Certificate of Service - Dr. Pierre Nunez's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) by Laura Coffey Ieremia on behalf of Dr. Nunez (Ieremia, Laura) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
56

STATUS REPORT THE PARTIES REPORT REGARDING SUBMISSION OF AN ESI DISCOVERY PLAN by Anthony Gay. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weil, Stephen) Modified on 11/18/2019 to correct mislabeling of (1)(RK, ilcd). (Entered: 11/15/2019)

1 Errata 1

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2 Exhibit 2

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Nov. 15, 2019 PACER
57

NOTICE of Appearance of Attorney by Jessica Nicole Klaus on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Klaus, Jessica) (Entered: 11/18/2019)

Nov. 18, 2019 PACER
58

CERTIFICATE of Service/Counsel Defendants' Initial Disclosures by Jessica Nicole Klaus on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Klaus, Jessica) (Entered: 11/18/2019)

Nov. 18, 2019 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/18/2019. A telephone status conference is set for 12/6/19 at 10:00 AM before Magistrate Judge Eric I. Long. The Court will initiate the call. (DS, ilcd)

Nov. 18, 2019 PACER
59

MOTION to Substitute Attorney, Joseph J. Lombardo and Matthew H. Weller to be replaced by Jessica N. Klaus, by Respondents William Puga, Kelly Ann Renzi, Wexford Health Sources Inc. Responses due by 12/11/2019 (Klaus, Jessica) (Entered: 11/27/2019)

Nov. 27, 2019 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/2/2019. The Motion to Substitute Counsel 59 is GRANTED. The Court directs the Clerk to terminate attorneys Joseph J. Lombardo and Matthew H. Weller from this case. (DS, ilcd)

Dec. 2, 2019 PACER

Minute Entry for proceedings held 12/6/2019 before Magistrate Judge Eric I. Long. Appearance for the petitioner by Stephen Weil. Appearance for the respondents by Nicholas Staley, Jessica Klaus and Scott Kater. Status Conference held by telephone. Status re ESI protocol 56 discussed. ESI Protocol to be modified as discussed on the record. Petitioner's brief regarding the ESI Protocol is due 12/20/2019. (Other Deadline set for 12/20/2019) Attorney Staley's response is due by 1/1/2020. (Secondary Other Deadline set for 1/1/2020) Petitioner's reply is then due 1/8/2020. (Miscellaneous Deadline 1/8/2020). A Status Conference is set for 5/11/2020 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:03 AM.) (DS, ilcd)

Dec. 6, 2019 PACER
60

MEMORANDUM Regarding ESI Protocol by Anthony Gay. (Weil, Stephen) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
61

Response by William Puga, Kelly Ann Renzi, Wexford Health Sources Inc re 60 Memorandum re ESI Protocol. (Klaus, Jessica) (Entered: 12/31/2019)

Dec. 31, 2019 PACER
62

Response by John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims re 60 Memorandum . (Staley, Nicholas) (Entered: 01/01/2020)

Jan. 1, 2020 PACER
63

Reply by Anthony Gay re 60 Memorandum, 61 Response, 62 Response Relating to ESI Protocol.. (Weil, Stephen) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
64

NOTICE of Appearance of Attorney by Remy Taborga on behalf of John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims (Taborga, Remy) (Entered: 01/22/2020)

Jan. 22, 2020 PACER
65

MOTION to Withdraw as Attorney by Plaintiff Anthony Gay. Responses due by 2/6/2020 (Chardon, Alexis) (Entered: 01/23/2020)

Jan. 23, 2020 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/24/2020. The Motion to Withdraw Alexis Chardon as Counsel 65 is GRANTED. The Court directs the Clerk to terminate attorney Alexis Chardon from this case. (Attorney Alexis G Chardon terminated) (DS, ilcd)

Jan. 24, 2020 PACER
66

ORDER re 56 Status Report entered by Magistrate Judge Eric I. Long on 1/24/20. The Court finds that Plaintiff's proposed search terms, custodians, and repositories are overbroad, unlikely to produce information relevant to any party's claim or defense, and are disproportionate to the needs of this single plaintiff case. The Court directs the parties to submit a proposed ESI Protocol consistent with this order within fourteen days. See written Order. ( Miscellaneous Deadline 2/7/2020.) (KM, ilcd) (Entered: 01/24/2020)

Jan. 24, 2020 PACER
67

MOTION for Extension of Time to Complete Discovery by Defendants William Puga, Kelly Ann Renzi, Wexford Health Sources Inc. Responses due by 2/10/2020 (Klaus, Jessica) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
68

NOTICE of Appearance of Attorney by Sarah C Grady on behalf of Anthony Gay (Grady, Sarah) (Entered: 02/03/2020)

Feb. 3, 2020 PACER
69

NOTICE of Appearance of Attorney by Jonathan I Loevy on behalf of Anthony Gay (Loevy, Jonathan) (Entered: 02/03/2020)

Feb. 3, 2020 PACER
70

NOTICE of Appearance of Attorney by Arthur Loevy on behalf of Anthony Gay (Loevy, Arthur) (Entered: 02/03/2020)

Feb. 3, 2020 PACER
71

RESPONSE to Motion re 67 MOTION for Extension of Time to Complete Discovery filed by Plaintiff Anthony Gay. (Weil, Stephen) (Entered: 02/04/2020)

Feb. 4, 2020 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/4/20. Defendants' Motion for Extension of Time 67 is GRANTED. Defendant's deadline to submit responses to written discovery is extended to 2/10/20. (KM, ilcd)

Feb. 4, 2020 PACER
72

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims. (Staley, Nicholas) (Entered: 02/07/2020)

Feb. 7, 2020 PACER
73

MOTION for Order (Amended ESI Protocol) by Plaintiff Anthony Gay. Responses due by 2/21/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Grady, Sarah) (Entered: 02/07/2020)

1 Exhibit A

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2 Exhibit B

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Feb. 7, 2020 PACER
74

OBJECTION to 66 Order,,, Set/Reset Deadlines:,, by Anthony Gay. (Grady, Sarah) (Entered: 02/07/2020)

Feb. 7, 2020 PACER
75

CERTIFICATE of Service/Counsel Answers to Interrogatories and Response to Request for Production by Jessica Nicole Klaus on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Klaus, Jessica) (Entered: 02/10/2020)

Feb. 10, 2020 PACER

TEXT ORDER entered by Judge Harold A. Baker on 2/11/2020. The Court requests that Defendants respond to Plaintiff's Objection 74 within fourteen (14) days of this order. (KE, ilcd)

Feb. 11, 2020 PACER
76

CERTIFICATE of Service/Counsel Wexford Answers to Interrogatories by Jessica Nicole Klaus on behalf of William Puga, Kelly Ann Renzi, Wexford Health Sources Inc (Klaus, Jessica) (Entered: 02/12/2020)

Feb. 12, 2020 PACER
77

RESPONSE to Motion re 73 MOTION for Order (Amended ESI Protocol) filed by Defendants John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims. (Staley, Nicholas) Modified on 2/24/2020 to correct title of document (SAG, ilcd). (Entered: 02/21/2020)

Feb. 21, 2020 PACER
78

RESPONSE to Motion re 73 MOTION for Order (Amended ESI Protocol) filed by Defendants William Puga, Kelly Ann Renzi, Wexford Health Sources Inc. (Attachments: # 1 Exhibit A)(Klaus, Jessica) (Entered: 02/24/2020)

1 Exhibit A

View on PACER

Feb. 24, 2020 PACER
79

Response by John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims re 74 Objection . (Staley, Nicholas) (Entered: 02/25/2020)

Feb. 25, 2020 PACER
80

MOTION to Substitute Attorney, Thor Inouye to be replaced by Nicholas Staley, by Defendants John Baldwin, Sylvia Butler, Dr. Chess, Melvin Hinton, Shane Reister, Jeff Sims. Responses due by 3/11/2020 (Staley, Nicholas) (Entered: 02/26/2020)

Feb. 26, 2020 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/27/2020. The Motion to Substitute Attorney 80 is GRANTED. The Court directs the Clerk to terminate attorney Thor Inouye from this case. (Attorney Thor Yukinobu Inouye terminated) (DS, ilcd)

Feb. 27, 2020 PACER

TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/6/2020. This matter is before the Court on the Motion for Entry of Amended ESI Protocol 73 filed by Plaintiff. On January 24, 2020, the court entered an Order ruling on the same arguments raised in the instant Motion. Because Plaintiff's Motion raises identical arguments as made in his prior Memorandum 60, the Court presumes that Plaintiff seeks relief under Fed. R. Civ. P. 59(e). Under Rule 59(e), a party may seek to alter or amend a judgment within 28 days. The Court grants a Rule 59(e) motion only if there exists "a manifest error of law or fact." Divane v. Krull Electric Co., 194 F.3d 845, 847 (7th Cir. 1999). Plaintiff's Motion does not show a manifest error of law or fact, but instead regurgitates the same arguments previously made and considered by the court. For these reasons, Plaintiff's Motion for Entry of Amended ESI Protocol 73 is DENIED. The court adopts the parties' agreed Discovery Plan for Electronically Stored Information 72 . (DS, ilcd)

March 6, 2020 PACER
81

DISCOVERY PLAN FOR ELECTRONICALLY STORED INFORMATION. (DS, ilcd) (Entered: 03/06/2020)

March 6, 2020 PACER
82

AMENDED COMPLAINT against John Baldwin, Sylvia Butler, Dr. Chess, Dr Doe 1, Does 2-5, Melvin Hinton, Dr. Nunez, William Puga, Shane Reister, Kelly Ann Renzi, Jeff Sims, Wexford Health Sources Inc, Michael Melvin, Terri Kennedy, Emily Ruskin, John Varga, Justin Wilks, Sonja Nicklaus, Rob Jeffreys, filed by Anthony Gay.(Weil, Stephen) (Entered: 03/07/2020)

March 7, 2020 PACER
83

CERTIFICATE OF SERVICE by Dr. Nunez (Ieremia, Laura) (Entered: 03/16/2020)

March 16, 2020 PACER
84

OBJECTION to Order on Motion,,,, by Anthony Gay. (Grady, Sarah) (Entered: 03/20/2020)

March 20, 2020 PACER

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Oct. 28, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A man with severe mental illness who was imprisoned in Illinois for two decades starting as a teenager, most of that time in solitary confinement, but was released following a successful habeas petition.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Loevy & Loevy

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois Department of Corrections, State

Illinois, State

Wexford Health Sources, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Conditions of confinement

Confinement/isolation

Disciplinary segregation

Grievance Procedures

Placement in detention facilities

Reasonable Accommodations

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Type of Facility:

Government-run