Case: Richard v. Pfister

This is a case about a disabled prisoner's denial of medical care and disability accommodations in a correctional facility. 

On June 21, 2017, the plaintiff, an incarcerated man, filed a complaint pro se and in forma pauperis seeking damages for violations of the Americans with Disabilities Act (ADA) 42 U.S.C. § 1210 and the Rehabilitation Act 29 U.S.C. § 701 and the Eighth Amendment due to poor conditions of confinement, denial of medical care and denial of disability accommodations at Stateville Correctional Center’s Northern Reception Center (NRC) in Illinois. The plaintiff filed in the federal district court for the Northern District of Illinois, naming the Director of the Illinois Department of Corrections, and the warden and assistant warden of the NRC as defendants. Equip for Equality, the Illinois protection and advocacy agency, joined as plaintiff’s counsel on June 13, 2018. Judge Thomas Durkin presided.

The plaintiff was living with a number of serious health conditions, including chronic obstructive pulmonary disease, emphysema, asthma, heart disease, and diabetes. He required a cane or walker, used a continuous positive airway pressure (“CPAP”) machine, and needed compressed oxygen at all times. Despite the fact that NRC was a transitional, short-term stay facility, the plaintiff was held at NRC for nearly a year due to the facility’s inability to facilitate his transfer because of his disabilities. During his time at NRC and despite his approval within weeks of arrival for transfer to a minimum security medical unit, he was held in constructive solitary confinement, with no access to recreation or programming and without access to his CPAP machine, clean nasal cannula, and most of his necessary medication. He alleged that these conditions, which also included extreme heat and cold, lack of natural light and electric outlet necessary to operate his CPAP machine, vermin, and occasional flooding, violated the Eighth Amendment.  He also alleged violations of the ADA, namely the failure to accommodate his medical needs, denial of recreation and programs, and extended time in the poor conditions at NRC for far longer than non-disabled people, due solely to their failure to accommodate his disability (the CPAP machine and oxygen tank) in arranging his transfer. 

Defendants filed their first motion to dismiss on February 16, 2018, which was denied on June 15, 2018 in order to allow the plaintiff’s new counsel to file an amended complaint, which they did on July 6, 2018. Second motions to dismiss were filed on September 14, 2018 and on October 11, 2018. These were denied on December 17, 2018. Following initial discovery, the plaintiff filed a second amended complaint on August 5, 2019. On October 16, 2019, defendants filed a motion for summary judgment. There was some disruption in proceedings due to the coronavirus emergency, and the motion for summary judgment was denied on September 1, 2020. On October 19, 2020, the case was removed to magistrate judge Jeffrey Cole for proceedings related to settlement; however settlement talks were not fruitful and the case was moved again to Judge Durkin on January 11, 2021. Motions continued thereafter as to one defendant, Director of the Illinois Department of Corrections, who remained a defendant only in his individual capacity as to the Eighth Amendment claims. On July 16, 2021, motions to dismiss claims against the defendant Director were dismissed, and the case proceeded to jury trial. On August 24, 2021, a judgment was entered for the plaintiff, with damages of $1,000,000. Defendants filed a motion for judgment notwithstanding verdict on September 21, 2021, which was denied on January 6, 2022.  Parties later settled attorneys fees and costs on March 9, 2022, and reported full satisfaction of the judgement on July 6, 2022.