Case: Orr v. Elyea

2:08-cv-02232 | U.S. District Court for the Central District of Illinois

Filed Date: Sept. 29, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about people with Hepatitis C who were or had been incarcerated in the Illinois Department of Corrections (IDOC). Represented by private counsel, around 75 incarcerated plaintiffs filed this putative class action lawsuit in the United States District Court for the Central District of Illinois on September 29, 2008. Over the course of this decade long litigation, numerous other individual plaintiffs were joined, with the number of plaintiffs eventually growing to be around 1,800. In…

This case is about people with Hepatitis C who were or had been incarcerated in the Illinois Department of Corrections (IDOC). Represented by private counsel, around 75 incarcerated plaintiffs filed this putative class action lawsuit in the United States District Court for the Central District of Illinois on September 29, 2008. Over the course of this decade long litigation, numerous other individual plaintiffs were joined, with the number of plaintiffs eventually growing to be around 1,800.

In their original complaint, the plaintiffs sued the IDOC’s medical directors and its healthcare provider Wexford Corporation (Wexford) under 42 U.S.C. §1983, alleging broad violations of the Eighth and Fourteenth Amendments. Plaintiffs alleged they were required to wait over one year from when received their diagnosis to when they received treatment, which was a delay that did not appear within any federal guidelines. They sought declaratory and injunctive relief, compensatory and punitive damages, and attorneys’ fees. The case was initially assigned to Chief Judge Michael P. McCuskey

Initial Injunctive Litigation 

Shortly after the lawsuit was filed, the plaintiffs moved for class certification and injunctive relief. After requiring the plaintiffs to refile due to technical errors, Judge McCuskey denied both motions in a set of November 2009 rulings that set up the shape of the case for the next several years.

Judge McCuskey denied the plaintiffs request for class certification on November 16, 2009. 2009 WL 3837553. He held that the putative class lacked commonality, typicality, and adequacy. For commonality, he expressed concerns that individual issues related to incarceration period, prognosis, treatment type, and Hepatitis C complications would dominate over common issues. For typicality, he held there was a strong likelihood that none of the plaintiffs' claims were typical of the putative class, because each claim arose from a plaintiff's particular genotype and individual circumstances. And for adequacy, Judge McCuskey noted the plaintiffs had not named any class representatives or provided any affidavits, expert testimony, or other evidence that they would adequately protect the putative class's interests. 

In their request for injunctive relief, the plaintiffs asked the court to (1) order IDOC to comply with the National Digestive Diseases Information Clearinghouse (NDDIC) guidelines for Hepatitis C treatment, (2) coordinate post-release care to allow for treatment completion following release from prison, and (3) appoint a physician to act as prisoners' advocate. Judge McCuskey denied this request on November 19, 2009, holding that an injunction could not be granted because (1) the plaintiffs did not show a reasonable likelihood of succeeding on the merits, as they failed to produce any evidence for why the relief was needed, and (2) the relief they were seeking was too broad, with the plaintiffs' motion even acknowledging that they required a court-appointed expert to help narrow down their relief. 2009 WL 3837614.

While the plaintiffs’ motions were pending, the defendants moved for summary judgment. On November 19, 2009, Judge McCuskey granted summary judgment in part, by ordering the dismissal of over fifty individual plaintiffs who (1) were released from IDOC custody after the suit was already filed, (2) joined the lawsuit after the filing date, or (3) had not yet exhausted their potential administrative remedies under the Prison Litigation Reform Act (PLRA). The court denied summary judgment as to the remaining plaintiffs, who were allowed to continue in the case. 2009 WL 4059050.

Discovery and Settlement Negotiations on Damages

After Judge McCuskey’s 2009 decisions, the case went into lengthy discovery to address the issues of individual injunctive relief and damages. The case was reassigned to Judge Harold A. Baker on February 8, 2011. On May 24, 2011, the plaintiffs moved to dismiss Wexford, which Judge Baker granted on May 25, 2011.

Beginning in 2012, the individual plaintiffs entered into discussions about settlement. On April 5, 2013, Judge Baker appointed a special master to assist in settlement negotiations with the numerous individual plaintiffs. 

On July 25, 2013, the plaintiffs again moved for injunctive relief, this time seeking compliance with American Association for the Study of Liver Diseases (AASLD) treatment guidelines for Hepatitis C. After this motion was filed, Judge Baker revised the special master’s assignment to focus on resolving the plaintiffs’ injunctive claims.

Ostensibly to help resolve the plaintiffs’ request for changes in treatment, Judge Baker appointed a local doctor as a “court’s expert” on October 14, 2014. The expert, Dr. Andrew Batey, reported his findings in a January 8, 2015 letter. Dr. Batey recommended that all Hepatitis C positive prisoners serving sentences longer than one year be evaluated for treatment with direct acting anti-viral drugs, but noted that these novel and effective medications could be costly.

Continued Litigation on Injunctive Relief

On March 6, 2015, over a year after the plaintiffs’ renewed request for injunctive relief was filed, Judge Baker issued a case management order stating that settlement negotiations appeared to have stalled and ordered the parties to resolve their differences through litigation. Over the next several months, the parties exchanged discovery about differing protocols for Hepatitis C treatment.

On January 22, 2016, the plaintiffs filed a motion for reconsideration of Judge McCuskey’s class certification decision. Judge Baker denied the motion on October 7, 2016, noting that the plaintiffs needed to further narrow down the class. However, he also he would be willing to certify a more clearly defined class in the future, because medical advancements in Hepatitis C research had made treatment a more predictable and less individualized decision.

In the same order, Judge Baker denied the plaintiffs’ 2013 motion for injunctive relief, which had been pending. He asked the plaintiffs to more narrowly tailor and specifically detail the type of relief they were seeking, as well as take into account updated treatment options. However, Judge Baker also allowed the plaintiffs to amend their complaint.

On November 8, 2016, the plaintiffs filed an amended complaint adding a new state law medical malpractice claim, as well as several new defendants, including IDOC, its new medical director and treating physicians, and Wexford. Otherwise, the amended complaint remained substantially similar to the first complaint, alleging broad violations of the Eighth and Fourteenth Amendments, and seeking the resolution of both damages and injunctive relief. 

On December 6, 2016, IDOC moved to dismiss the amended complaint. Judge Baker did not act on this motion and it remained pending for several years.

As Judge Baker suggested, the plaintiffs again moved for reconsideration of class certification on November 8, 2016. On February 4, 2019, he granted their request and certified two classes for all current and future prisoners in IDOC custody who had, or would be, diagnosed with Hepatitis C. One class consisted of prisoners with at least six months remaining on their sentence, who had not received treatment which resulted in a sustained viral response. The other included prisoners with at least one year remaining on their sentence, who had not received treatment and met a certain threshold for their Hepatitis C advancement. Judge Baker reasoned that scientific advancements had made hepatitis C treatment more standardized, and therefore commonality of the class could be broadened. 

On November 8, 2016, the plaintiffs filed an amended motion for injunctive relief seeking direct acting antiviral drug treatment for everyone who had at least six months left to serve on their sentence. Judge Baker issued an order on April 6, 2017, stating that he had not been provided enough information on which of the plaintiffs were eligible for treatment and thus could not order any injunction. The plaintiffs refiled their request for injunctive relief on January 2, 2018, which Judge Baker granted in part on February 4, 2019. He ordered the defendants to commence immediate treatment in accordance with the IDOC’s January 2019 protocols for prisoners with at least one year remaining on their sentence. The January 2019 protocols made it easier for incarcerated individuals that had met a designated level of hepatitis C advancement to be recommended for treatment. Judge Baker also ordered that the protocols be adjusted to make treatment mandatory for patients at that level, and to prevent IDOC from abandoning the protocols.

On January 7, 2019, the defendants moved to stay proceedings pending approval of a proposed consent decree in Lippert v. Godinez, a separate class action lawsuit about people in the custody of the IDOC with serious medical or dental needs. Judge Baker denied the stay on January 8, 2019, stating that the motion to stay offered no concrete proposals for the treatment or handling of the combined hepatitis C cases. On January 11, 2019, the defendants moved for reconsideration on the motion to stay, which the court denied on January 15, 2019.

Appeal and Remand

On March 1, 2019, the defendants appealed the district court’s decision to the United States Court of Appeals for the Seventh Circuit, seeking to reverse the class certification and vacate the preliminary injunction. The appellate court granted the petition for permission to appeal on March 25, 2019. Pending resolution of the appeal, on April 18, 2019, the appellate court stayed the district court's order for class certification and injunctive relief. The defendants then moved to stay all district court orders and proceedings on April 22, 2019, which the district court granted on April 23, 2019. 

The Seventh Circuit court reversed on April 14, 2020. Judge Diane Wood, writing for Judges William Bauer and Michael Brennan, found that, although numerosity and commonality were satisfied for both classes, the other two requirements (typicality and adequacy) of certification were omitted from the district court’s analysis. The appellate court found that the district court erred in skipping those two steps, especially as there was no evidence in the record to demonstrate that the plaintiffs’ chosen representatives were adequate. The appellate court also vacated the injunction, finding that the plaintiffs were not likely to suffer irreparable harm. The court noted that Hepatitis C had a slow progression, so the mere possibility that a substantial risk might arise did not meet the threshold for demonstrating that a delay in treatment was more likely than not to cause irreparable harm. Furthermore, the court also found that the Lippert consent decree provided the plaintiffs with adequate relief for their medical needs, and that the decree provided the district court with assurances that, even in a situation arose where IDOC abandoned its 2019 protocols, the plaintiffs could still seek relief under the Lippert consent decree. The case was remanded to the district court to decide once again the issues of class certification and injunctive relief. 953 F.3d 490.

Back in the district court, Judge Baker lifted the stay on April 29, 2020 and proceedings resumed for the case. On September 22, 2020, the plaintiffs notified the court that, after the Seventh Circuit’s ruling, they were only pursuing damages. In response, Judge Baker withdrew the appointment of the special master on October 22, 2020.

On January 18, 2022, the case was reassigned to Chief District Judge Sara Darrow due to Judge Baker's retirement. On March 16, 2022, Judge Darrow closed all pending motions in the case – several of which had been open for years – and directed the parties to renew their motions in the lead case, acknowledging that there had been further cases and more plaintiffs that had been consolidated into this case. 

On May 5, 2022, the plaintiffs clarified that the case was only about damages and moved to dismiss Wexford as a defendant. On June 6, 2022, the court granted the dismissal without any objections. The plaintiffs filed a second amended complaint on June 30, 2022 that did not mention class certification. However, the amended complaint re-added Wexford as a defendant, and mentioned that injunctive relief was being sought in addition to damages. On July 14, 2022, the defendants moved to dismiss the complaint.

As of March 2023, the case is still ongoing.

 

Summary Authors

Jerry Lan (9/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4248372/parties/orr-v-elyea/


Judge(s)

Baker, Harold Albert (Illinois)

Darrow, Sarah (Illinois)

Attorney for Plaintiff
Attorney for Defendant

Bitner, Douglass R (Illinois)

Borland, James A. (Illinois)

Expert/Monitor/Master/Other

Batey, Andrew (Illinois)

show all people

Documents in the Clearinghouse

Document
1

2:08-cv-02232

Complaint

Sept. 29, 2008

Sept. 29, 2008

Complaint
42

2:08-cv-02232

Order on Motion for Preliminary Injunction

Feb. 25, 2009

Feb. 25, 2009

Order/Opinion

2009 WL 2009

98

2:08-cv-02232

Opinion

Nov. 16, 2009

Nov. 16, 2009

Order/Opinion

279 F.R.D. 279

99

2:08-cv-02232

Opinion

Nov. 16, 2009

Nov. 16, 2009

Order/Opinion

2009 WL 2009

100

2:08-cv-02232

Opinion

Nov. 19, 2009

Nov. 19, 2009

Order/Opinion

2009 WL 2009

120

2:08-cv-02232

Opinion

March 3, 2010

March 3, 2010

Order/Opinion

2010 WL 2010

269

2:08-cv-02232

Agreed Order Appointing Settlement Special Master

April 5, 2013

April 5, 2013

Order/Opinion
272

2:08-cv-02232

Motion for Injunctive Relief

July 25, 2013

July 25, 2013

Pleading / Motion / Brief
307

2:08-cv-02232

Order Appointing Andrew Batey, M.D. as the Court's Expert

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion
319

2:08-cv-02232

Letter from Expert

Jan. 8, 2015

Jan. 8, 2015

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4248372/orr-v-elyea/

Last updated March 7, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants (Filing fee $ 350, 24626000415) filed by Rodney Graves, Paul Carter, Wade Lesher, Sturgis Jones, Terry Reeves, James Bourque, Ernesto Perez, Robert Quinn, David Workman, Eugene Smola, Nancy Gray, John L Markiewicz, Jeffrey Orr, Donald Dawson, Allen Peters, Jeff Hammer, Christopher Fogarty, Robert Garrett, Kenneth Bauza, Clayton Rockman, Wendell Ross, Michael D Smith, Kevin Dean, Charles B Palmer, Michael Montgomery, Ronnie Johnson, Dennis Haradon, Lawrence Napue, Michael D Roy, Kent L Fields, Jay C Frame, Gregory Thompson, Quinten B Smith, Brad Creason, David Dickson, Chase Copelen, Kevin Taylor, Jon Kent Roberts, John Small, Greg Bashares, Michael E Denning, Michael Sheehan, Brian Lee Wilson, John Bernard Lathon, Daniel Baxter, Harold Higgens, Vicente Diaz, Jr, Terrence Lee, Donald R Rutherford, Lewis C Henry, Terry Dibble, James Hart, James DeBarbara, Gary L Daily, Lawrence Moye', Norman Bell, Scott Padrick, Luis Reyes, Debra Blanchard, Vito Basile, Edward B Franco, Forrest Sanders, Cornelius B Lewis, Clarence R Jones, Fernando Hernandez, Timothy Giancana, Eugene Spagnola, Dustin L Collins, Eric Zike, Lavertis Stewart, Kelly Ray Hart, Ronnie F Stookey-Ortiz, Chansouk Haksasila, Serafin Flores, Miquel Santos.(SP, ilcd) Modified on 10/1/2008 to correct typographical errors. (SP, ilcd) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

Clearinghouse
2

WAIVER OF SERVICE Returned Executed by Jeffrey Orr. Willard O Elyea waiver sent on 10/8/2008, answer due 12/8/2008. (Heller, H) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
3

Return of Service Executed by Jeffrey Orr as to Wexford Corporation 10/7/2008. (Heller, H) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER

Set/Reset Deadlines

Oct. 22, 2008

Oct. 22, 2008

PACER

Set Deadlines: Wexford Corporation answer due 12/8/2008. (KW, ilcd)

Oct. 22, 2008

Oct. 22, 2008

PACER
4

MOTION for More Definite Statement by Defendant Willard O Elyea. Responses due by 11/24/2008 (Rupcich, Joseph) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
5

NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Wexford Corporation (Powell, Theresa) (Entered: 11/19/2008)

Nov. 19, 2008

Nov. 19, 2008

PACER
7

Letter from IDOC informing the Court that Donald R Rutherford (plainitff) was released on 6/30/08 (KW, ilcd) (Entered: 11/21/2008)

Nov. 20, 2008

Nov. 20, 2008

PACER
6

MOTION for More Definite Statement by Defendant Wexford Corporation. Responses due by 12/8/2008 (Powell, Theresa) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
8

Letter from plaintiff Clarence Jones and not Jeffrey Orr(KW, ilcd) Corrected the person who wrote the letter. Modified on 12/3/2008 (KW, ilcd). (Entered: 12/03/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
9

MOTION to Intervene by Plaintiff Jeffrey Orr. Responses due by 12/22/2008 (Heller, H) (Entered: 12/03/2008)

Dec. 3, 2008

Dec. 3, 2008

PACER

Order on Motion for More Definite Statement

Dec. 3, 2008

Dec. 3, 2008

PACER

TEXT ORDER entered by Magistrate Judge David G. Bernthal on 12/3/08. There being no objection, Defendant's Motion for a More Definite Statement 4 is GRANTED. Plaintiffs are ordered to provide a more definite statement as to each Plaintiffs' inmate numbers or other information that would allow definite identification as to each Plaintiff. Plaintiffs shall comply within 14 days of the date of this Order. Defendant Willard O. Elyea shall have 14 days from the date of Plaintiffs' compliance in which to respond to Plaintiffs' complaint. (VB, ilcd)

Dec. 3, 2008

Dec. 3, 2008

PACER

Set/Reset Deadlines

Dec. 3, 2008

Dec. 3, 2008

PACER

Set/Reset Deadlines: Pursuant to the 12/3/08 Text Order, Plaintiffs shall comply within 14 days of the date of this Order, by providing a more definite statement by miscellaneous deadline of 12/17/2008. (VB, ilcd)

Dec. 3, 2008

Dec. 3, 2008

PACER
10

RESPONSE to Motion re 4 MOTION for More Definite Statement (Exhibit A included in file) filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER

TEXT ORDER entered by Magistrate Judge David G. Bernthal on 12/10/08. Plaintiff's response 10 contains the identification information sought in the motion and thus Plaintiffs are in compliance with the order requiring a more definite statement and the Clerk of Court should terminate the 12/17/08 deadline.(MT, ilcd)

Dec. 10, 2008

Dec. 10, 2008

PACER

Order

Dec. 10, 2008

Dec. 10, 2008

PACER
11

RESPONSE to Motion re 9 MOTION to Intervene filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

PACER
12

ANSWER to 1 Complaint,,,,, by Defendant Wexford Corporation.(Powell, Theresa) (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

PACER
13

ANSWER to 1 Complaint,,,,, with Affirmative Defenses by Defendant Willard O Elyea.(Rupcich, Joseph) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER

TEXT ORDER entered by Magistrate Judge David G. Bernthal on 12/22/08. A telephone status conference is scheduled before the Honorable David G. Bernthal, U.S. Magistrate Judge, for 1/16/09 at 1:30 p.m. The Court will initiate the call. (SLJ, ilcd)

Dec. 22, 2008

Dec. 22, 2008

PACER

Order

Dec. 22, 2008

Dec. 22, 2008

PACER
14

MOTION to Appoint Counsel to court Dr. Bacon by Plaintiff Jeffrey Orr. Responses due by 1/20/2009 (Attachments: # 1 Exhibit cv of dr bacon)(Heller, H) (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
15

MEMORANDUM in Support re 14 MOTION to Appoint Counsel to court Dr. Bacon filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
16

STRICKEN MOTION for Preliminary Injunction and for, MOTION for Permanent Injunction by Plaintiff Jeffrey Orr. Responses due by 1/20/2009 (Attachments: # 1 Exhibit a)(Heller, H) Per opinion entered on 2/25/09. Modified on 2/25/2009 (KW, ilcd). (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
17

MEMORANDUM in Support re 16 MOTION for Preliminary Injunction and for MOTION for Permanent Injunction filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
18

STRICKEN MOTION to Certify Class by Plaintiff Jeffrey Orr. Responses due by 1/20/2009 (Heller, H) Per opinion entered on 2/25/09. Modified on 2/25/2009 (KW, ilcd). (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
19

MEMORANDUM in Support re 18 MOTION to Certify Class filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 01/01/2009)

Jan. 1, 2009

Jan. 1, 2009

PACER
20

MOTION for Summary Judgment by Defendant Willard O Elyea. Responses due by 2/9/2009 (Rupcich, Joseph) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
21

MEMORANDUM in Support re 20 MOTION for Summary Judgment filed by Defendant Willard O Elyea. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2)(Rupcich, Joseph) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
22

MOTION to Stay Discovery by Defendant Willard O Elyea. Responses due by 2/2/2009 (Rupcich, Joseph) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
23

MOTION to Strike 14 MOTION to Appoint Counsel to court Dr. Bacon by Defendant Willard O Elyea. Responses due by 2/2/2009 (Rupcich, Joseph) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER

Order on Motion for More Definite Statement

Jan. 16, 2009

Jan. 16, 2009

PACER
24

MOTION to Strike 16 MOTION for Preliminary Injunction and for MOTION for Permanent Injunction by Defendant Willard O Elyea. Responses due by 2/2/2009 (Rupcich, Joseph) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
25

MOTION to Strike 18 MOTION to Certify Class by Defendant Willard O Elyea. Responses due by 2/2/2009 (Rupcich, Joseph) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER

Minute Entry for proceedings held before Magistrate Judge David G. Bernthal: Status Conference held on 1/16/2009. Appearance for plaintiffs by Kent Heller. Appearances for defendants by Joseph Rupcich and Theresa Powell. Michael Pruisis' service discussed. Motion 6 discussed and denied as moot. Motion 9 discussed and granted. Movants added to case as additional plaintiffs. Plaintiffs' counsel to provide a statement regarding the additional plaintiffs in the nature of exhibit A to docket 10 by 1/23/09. Rule 16 will be set at a later date due to pending motions. (Tape #UR C; 1:37 P.M..) (KW, ilcd)

Jan. 16, 2009

Jan. 16, 2009

PACER
26

RESPONSE to Motion re 14 MOTION to Appoint Counsel to court Dr. Bacon filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
27

RESPONSE to Motion re 16 MOTION for Preliminary Injunction and for MOTION for Permanent Injunction filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
28

RESPONSE to Motion re 18 MOTION to Certify Class filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
29

MOTION for Order to Join in Co-Defendant's Motion for Summary Judgment by Defendant Wexford Corporation. Responses due by 2/6/2009 (Powell, Theresa) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

PACER
30

MEMORANDUM in Support re 29 MOTION for Order to Join in Co-Defendant's Motion for Summary Judgment filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

PACER
31

MOTION for Order to Join In Co-Defendant's Motion to Stay Discovery by Defendant Wexford Corporation. Responses due by 2/6/2009 (Powell, Theresa) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

PACER
32

STATEMENT OF FACTS additional fats as to new plaintiffs by Jeffrey Orr. (Heller, H) (Entered: 01/27/2009)

Jan. 27, 2009

Jan. 27, 2009

PACER
33

RESPONSE to Motion re 23 MOTION to Strike 14 MOTION to Appoint Counsel to court Dr. Bacon filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
34

RESPONSE to Motion re 25 MOTION to Strike 18 MOTION to Certify Class filed by Plaintiff Jeffrey Orr. (Attachments: # 1 transcript)(Heller, H) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
35

RESPONSE to Motion re 24 MOTION to Strike 16 MOTION for Preliminary Injunction and for MOTION for Permanent Injunction filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
36

RESPONSE to Motion re 22 MOTION to Stay Discovery filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
37

Letter from plaintiff to the Court complaining of attorney (Attachments: # 1 Attorney Letters, # 2 Medical Reports) (MT, ilcd) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
38

Letter from plaintiff requesting copy of docket sheet. (MT, ilcd) Modified on 2/9/2009 (MT, ilcd). (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
39

Letter to pro se plaintiff Horton requesting $2.10 for copy of docket sheet. (MT, ilcd) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
40

RESPONSE to Motion re 20 MOTION for Summary Judgment and motion for extension of time filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
41

MOTION for Extension of Time to File supplement to response to summary judgment by Plaintiff Jeffrey Orr. Responses due by 3/2/2009 (Attachments: # 1 Exhibit defense testimony of Dr. Elyea)(Heller, H) (Entered: 02/13/2009)

Feb. 13, 2009

Feb. 13, 2009

PACER

TEXT ORDER granting 29 Motion for Order to Join in Co-Defendant's Motion for Summary Judgment. Defendant Wexford Health Resources is hereby joined to Defendant Willard O. Elyea's Motion for Summary Judgment 20 . Entered by Chief Judge Michael P. McCuskey on 2-19-2009. (TPK, ilcd)

Feb. 19, 2009

Feb. 19, 2009

PACER

Order on Motion

Feb. 19, 2009

Feb. 19, 2009

PACER
42

OPINION Entered by Chief Judge Michael P. McCuskey on 2/25/09. (1) Defendants Motion to Strike Plaintiffs Motion for Injunctive Relief 24 isGRANTED. Plaintiffs Motion for Injunctive Relief 16 is hereby STRICKEN, and Plaintiffs are allowed 30 days, until March 26, 2009, to re-file their Motion for Injunctive Relief.(2) Defendants Motion to Strike Plaintiffs Motion for Class Determination Pursuant to Rule 23 25 is GRANTED. Plaintiffs Motion for Class Determination Pursuant to Rule 23 18 is hereby STRICKEN, and Plaintiffs are allowed 30 days, until March 26, 2009, to re-filetheir Motion for Class Determination Pursuant to Rule 23.(3) Plaintiffs Motion for Extension of Time for Additional Reply 40 is GRANTED and Plaintiffs are given until April 15, 2009, to file their Additional Reply.(4) Plaintiffs Motion to Supplement Response to the Motion for Summary Judgment 41 is GRANTED. See written opinion. (KW, ilcd) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

Clearinghouse

Set/Reset Deadlines

Feb. 25, 2009

Feb. 25, 2009

PACER

Set/Reset Deadlines: Motions due by 3/26/2009. (KW, ilcd)

Feb. 25, 2009

Feb. 25, 2009

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 25, 2009

Feb. 25, 2009

PACER
43

MOTION for Extension of Time to File Response/Reply as to 40 Response to Motion by Defendant Willard O Elyea. Responses due by 3/16/2009 (Rupcich, Joseph) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER

Order on Motion

Feb. 25, 2009

Feb. 25, 2009

PACER

TEXT ORDER granting 43 Motion for Extension of Time to File Response/Reply. Defendants have until 4-29-09 to file their Response/Reply to Plaintiffs Response. Entered by Chief Judge Michael P. McCuskey on 2-25-2009. (TPK, ilcd)

Feb. 25, 2009

Feb. 25, 2009

PACER
44

MOTION for Order to Join in Co-Defendant's Motion for Extension to File Reply to Plaintiff's Response to Moiton for Summary Judgment by Defendant Wexford Corporation. Responses due by 3/16/2009 (Powell, Theresa) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER

TEXT ORDER granting 44 Motion for to Join and Adopt Defendant Elyea's Motion for Extension of Time to File a Reply. Wexford will also be joined in the Reply to be filed by Defendant Elyea. Entered by Chief Judge Michael P. McCuskey on 2-25-2009. (TPK, ilcd)

Feb. 25, 2009

Feb. 25, 2009

PACER
45

ORDER Entered by Magistrate Judge David G. Bernthal on 2/26/09. This has become unnecessarily complicated. To clear things up, the Court nowGRANTS the motion to strike 23 . The Clerk of Court is directed to STRIKE 14 . Plaintiffs may then file their motion should they choose to do so. (KW, ilcd) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
46

+++ SEALED DOCUMENT.. (KW, ilcd) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER

TEXT ORDER entered by Judge David G. Bernthal on 3/9/2009. The Motion to Join in Co-Defendants' Motions to Stay Discovery 31 is DENIED. (MT, ilcd) Modified on 3/11/2009 (MT, ilcd).

March 9, 2009

March 9, 2009

PACER

Order on Motion

March 9, 2009

March 9, 2009

PACER

TEXT ORDER entered by Magistrate Judge David G. Bernthal on 3/9/2009. The Motion to Stay Discovery 22 is DENIED. (MT, ilcd)

March 9, 2009

March 9, 2009

PACER

Order on Motion to Stay

March 9, 2009

March 9, 2009

PACER

Notice of Docket Text or Event Modification re Text Order on Motion entered 3/9/2009. The Text Order entered 3/9/2009 was modified to show the correct judge entering the order to Judge David G. Bernthal. (MT, ilcd)

March 11, 2009

March 11, 2009

PACER

Notice of Docket Text or Event Modification

March 11, 2009

March 11, 2009

PACER
47

Amended MOTION to Certify Class by Plaintiff Jeffrey Orr. Responses due by 4/22/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Heller, H) (Entered: 04/05/2009)

April 5, 2009

April 5, 2009

PACER
48

MEMORANDUM in Support re 47 Amended MOTION to Certify Class filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 04/05/2009)

April 5, 2009

April 5, 2009

PACER
49

Amended MOTION for Permanent Injunction by Plaintiff Jeffrey Orr. Responses due by 4/22/2009 (Attachments: # 1 Exhibit A)(Heller, H) (Entered: 04/05/2009)

April 5, 2009

April 5, 2009

PACER
50

MEMORANDUM in Support re 49 Amended MOTION for Permanent Injunction filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 04/05/2009)

April 5, 2009

April 5, 2009

PACER
51

MOTION for Extension of Time to File Answer re 1 Complaint,,,,, by Defendant Michael Pruisis. Responses due by 4/24/2009 (Rupcich, Joseph) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
52

+++ SEALED DOCUMENT.. (KW, ilcd) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
53

Letter to plaintiff from Chief Judge McCuskey (KW, ilcd) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

PACER
54

Letter from pro se plaintiff requesting a docket sheet and the status of a correspondence dated 3/22/09 to Judge McCuskey. (SLJ, ilcd) (Entered: 04/10/2009)

April 10, 2009

April 10, 2009

PACER
55

MOTION for Extension of Time to File Response/Reply as to 42 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, Order on Motion to Certify Class, Order on Motion to Strike,, Order on Motion for Extension of Time to File,,,,,,,,,,,,,,,,,, by Plaintiff Jeffrey Orr. Responses due by 5/4/2009 (Heller, H) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

PACER
56

MEMORANDUM in Support re 55 MOTION for Extension of Time to File Response/Reply as to 42 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, Order on Motion to Certify Class, Order on Motion to Strike,, Order on Motion for Extension of Time t MOTION for Extension of Time to File Response/Reply as to 42 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, Order on Motion to Certify Class, Order on Motion to Strike,, Order on Motion for Extension of Time t filed by Plaintiff Jeffrey Orr. (Heller, H) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

PACER

TEXT ORDER granting 55 Motion for Extension of Time to File Response/Reply. Plaintiff has until 5-31-2009 to file its Response/Reply to Defendant's Motion for Summary Judgment 20 . Entered by Chief Judge Michael P. McCuskey on 4-16-2009. (TPK, ilcd)

April 16, 2009

April 16, 2009

PACER

Order on Motion for Extension of Time to File Response/Reply

April 16, 2009

April 16, 2009

PACER
57

MOTION for Extension of Time to File Response/Reply as to 47 Amended MOTION to Certify Class by Defendants Willard O Elyea, Michael Pruisis. Responses due by 5/7/2009 (Rupcich, Joseph) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

PACER

Order on Motion for Extension of Time to Answer

April 20, 2009

April 20, 2009

PACER
58

MOTION for Extension of Time to File Response/Reply as to 49 Amended MOTION for Permanent Injunction by Defendants Willard O Elyea, Michael Pruisis. Responses due by 5/7/2009 (Rupcich, Joseph) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

PACER

TEXT ORDER granting 51 Motion for Extension of Time to Answer Michael Pruisis. Answer is due 5/7/2009. Entered by Chief Judge Michael P. McCuskey on 4-20-2009. (TPK, ilcd)

April 20, 2009

April 20, 2009

PACER

Order on Motion for Extension of Time to File Response/Reply

April 20, 2009

April 20, 2009

PACER

TEXT ORDER granting 57 Motion for Extension of Time to File Response/Reply re 47 Amended MOTION to Certify Class Response due by 5/20/2009. Entered by Chief Judge Michael P. McCuskey on 4-20-2009. (TPK, ilcd)

April 20, 2009

April 20, 2009

PACER

TEXT ORDER granting 58 Motion for Extension of Time to File Response/Reply re 49 Amended MOTION for Permanent Injunction Responses due by 5/20/2009. Entered by Chief Judge Michael P. McCuskey on 4-20-2009. (TPK, ilcd)

April 20, 2009

April 20, 2009

PACER
59

MOTION for Order for Release of Letter Referenced in Document 53 by Defendant Wexford Corporation. Responses due by 5/18/2009 (Powell, Theresa) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

PACER
60

RESPONSE to Motion re 49 Amended MOTION for Permanent Injunction filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
61

RESPONSE to Motion re 47 Amended MOTION to Certify Class filed by Defendant Wexford Corporation. (Powell, Theresa) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

PACER
62

ORDER entered by Chief Judge Michael P. McCuskey on 5/5/09. IT IS THEREFORE ORDERED: Defendant's Motion for Release of Letter Referenced in Document 53 59 is DENIED. See written Order. (VB, ilcd) (Entered: 05/05/2009)

May 5, 2009

May 5, 2009

PACER
63

NOTICE of Appearance of Attorney by James A Borland on behalf of Michael Pruisis (Borland, James) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
64

MOTION for Extension of Time to File Answer re 1 Complaint,,,,, by Defendant Michael Pruisis. Responses due by 5/26/2009 (Borland, James) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
65

MOTION to Withdraw as Attorney by Defendants Willard O Elyea, Michael Pruisis. Responses due by 5/26/2009 (Rupcich, Joseph) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER

TEXTORDER granting 65 Motion to Withdraw as Attorney. Attorney Joseph N Rupcich terminated as counsel for Defendants Elyea and Puises. Entered by Chief Judge Michael P. McCuskey on 5-8-2009. (TPK, ilcd)

May 8, 2009

May 8, 2009

PACER

Order on Motion to Withdraw as Attorney

May 8, 2009

May 8, 2009

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Sept. 29, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

People who were incarcerated by the Illinois Department of Corrections filed a class action lawsuit because they did not receive medical treatment after receiving a Hepatitis C diagnosis.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Illinois Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General/Misc.:

Neglect by staff

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medication, administration of