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Case: Roe v. Sims

3:06-cv-03034 | U.S. District Court for the Central District of Illinois

Filed Date: Feb. 14, 2006

Closed Date: March 27, 2009

Clearinghouse coding in progress

Case Summary

None

Summary Authors

Jerry Lan (11/16/2022)

Documents in the Clearinghouse

Document
1

3:06-cv-03034

Complaint

Sept. 20, 2005

Sept. 20, 2005

Complaint
27

3:06-cv-03034

Order

March 28, 2007

March 28, 2007

Order/Opinion
27

3:06-cv-03034

Order

March 28, 2007

March 28, 2007

Order/Opinion
50

3:06-cv-03034

Judgment in a Civil Case

Roe v. Elyea

Feb. 19, 2008

Feb. 19, 2008

Order/Opinion

3:06-cv-03034

Order

Roe v. Elyea

June 26, 2008

June 26, 2008

Order/Opinion

3:06-cv-03034

Order Granting and Denying Post–Trial Motion

Roe v. Elyea

Feb. 18, 2009

Feb. 18, 2009

Order/Opinion
101

3:06-cv-03034

Order

Roe v. Elyea

March 24, 2009

March 24, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4688514/roe-v-sims/

Last updated Nov. 9, 2022, 12:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Larry T Sims, Willard O Elyea, Roger E Walker, Jr (Filing fee $ 250; Receipt 4309), filed by Edward J Roe, Anthony P Stasiak, Timothy J Stephen, Jackson Walker.(MT, ilcd) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

Clearinghouse
2

WAIVER OF SERVICE Returned Executed by Willard O Elyea. Willard O Elyea waiver sent on 9/21/2005, answer due 11/21/2005. (Heller, H) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
3

WAIVER OF SERVICE Returned Executed by Edward J Roe. Roger E Walker, Jr waiver sent on 9/21/2005, answer due 11/21/2005. (Heller, H) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
4

WAIVER OF SERVICE Returned Executed by Edward J Roe. Larry T Sims waiver sent on 10/5/2005, answer due 12/5/2005. (Heller, H) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

PACER
5

ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr.(Walter, David) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
6

ORDER setting Rule 16 Scheduling Conference entered by Judge Harold A. Baker on 11/22/05. Rule 16 Scheduling Conference set for 2/21/2006 02:15 PM in Courtroom B before Judge Harold A. Baker. See written order.(MT, ilcd) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
7

CERTIFICATE rule 26 compliance. (Heller, H) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
8

REPORT of Rule 26(f) Planning Meeting by Edward J Roe. (Heller, H) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER

Case transferred in from Urbana Division. Case Number 05-2208. Case assigned to Judge Harold A. Baker and Charles H. Evans. (GU, ilcd)

Feb. 14, 2006

Feb. 14, 2006

PACER

TEXT ORDER entered by Judge Harold A. Baker on 2/14/06. The plaintiffs are inmates or former inmates at the Logan Correctional Center, Lincoln, Illinois, which is in the United States District Court, Central District of Illinois, Springfield Division. The Rule 16 conference now scheduled for Wednesday, February 15, 2006, is vacated. The Clerk is directed to transfer this case to the Springfield Division.(MT, ilcd)

Feb. 14, 2006

Feb. 14, 2006

PACER

TEXT ORDER: The court adopts the discovery plan proposed by the parties (d/e 8). The clerk is directed to enter the deadlines in the docket. A final pretrial conference is scheduled for March 5, 2007, at 1:30 p.m., by personal appearance by the parties' attorney(s) before the Court in Urbana. No video writ need issue for the plaintiffs' appearances at the final pretrial, as their counsel will appear on their behalf. A bench trial is scheduled for March 12, 2007, at 9:00 a.m., before the court in Urbana. The plaintiff is responsible for timely obtaining and serving the necessary trial subpoenas for his non-party witnesses. Witnesses who are incarcerated in the Illinois Department of Corrections at the time of the trial shall appear at the trial through video conference. Entered by Judge Harold A. Baker on 4/10/2006. (GU, ilcd)

April 12, 2006

April 12, 2006

PACER

Set/Reset Scheduling Order Deadlines: Discovery due by 4/20/2006. Motions due by 5/22/2006. Final Pretrial Conference set for 3/5/2007 01:30 PM before Judge Harold A. Baker. Bench Trial set for 4/12/2006 09:00 AM before Judge Harold A. Baker. (GU, ilcd)

April 12, 2006

April 12, 2006

PACER
9

MOTION for Sanctions by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 5/5/2006 (Attachments: # 1 Exhibit 1)(Walter, David) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

PACER
10

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 6/5/2006 (Walter, David) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
11

MOTION to Certify Class by Plaintiff Edward J Roe. Responses due by 6/14/2006 (Attachments: # 1 exhibit A)(Heller, H) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
12

MOTION make per deim argument by Plaintiff Edward J Roe. Responses due by 6/14/2006 (Heller, H) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
13

RESPONSE to Motion re 10 MOTION for Extension of Time to File filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

PACER
14

ORDER. Defendants' motion for sanctions is granted in part (d/e 9). By June 13, 2006, Defendants are directed to submit a motion for their expenses relating to Plaintiff Stasiak's deposition. Plaintiff Staskiak shall have 14 days thereafter to respond. Entered by Judge Harold A. Baker on 6/6/06. (CC, ilcd) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
15

RESPONSE to Motion re 12 MOTION make per deim argument filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
16

MOTION expenses re: Stasiak deposition re 14 Order on Motion for Sanctions, by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 6/27/2006 (Attachments: # 1 Maninfior Court Reporting Service, Inc.)(Walter, David) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

PACER
17

RESPONSE to Motion re 11 MOTION to Certify Class filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Attachments: # 1 Exhibit 1 - part 1# 2 Exhibit 1 - part 2# 3 Exhibit 1 - part 3# 4 Exhibit 2# 5 Exhibit 3 - part 1# 6 Exhibit 3 - part 2# 7 Exhibit 3 - part 3# 8 Exhibit 4# 9 Exhibit 5 - part 1# 10 Exhibit 5 - part 2# 11 Exhibit 5 - part 3# 12 Exhibit 5 - part 4)(Walter, David) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

PACER

TEXT ORDER: Defendants' unopposed motion to extend all deadlines 30 days is granted (d/e 10). Entered by Judge Harold A. Baker on 6/19/2006. (MAS, ilcd)

June 19, 2006

June 19, 2006

PACER
18

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 7/5/2006 (Walter, David) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER

TEXT ORDER: The defendants' unopposed motion to extend the dispositive motion deadline to July 21, 2006, is granted (d/e 18). Other deadlines remain unchanged. Entered by Judge Harold A. Baker on 7/17/2006. (MAS, ilcd)

July 17, 2006

July 17, 2006

PACER
19

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 8/4/2006 (Walter, David) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
20

RESPONSE to Motion re 19 MOTION for Extension of Time to File filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
21

MOTION for Summary Judgment by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr.Responses due by 9/11/2006 (Walter, David) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

PACER
22

MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Attachments: # 1 Exhibit 1, Part 1# 2 Exhibit 1, Part 2# 3 Exhibit 2# 4 Exhibit 3, Part 1# 5 Exhibit 3, Part 2# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6, Part 1# 9 Exhibit 6, Part 2# 10 Exhibit 6, Part 3# 11 Exhibit 7, Part 1# 12 Exhibit 7, Part 2# 13 Exhibit 7, Part 3# 14 Exhibit 8# 15 Exhibit 9# 16 Exhibit 10# 17 Exhibit 11)(Walter, David) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

PACER
23

RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
24

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER

TEXT ORDER: The plaintiffs' request to strike the defendants' motion for summary judgment as untimely is denied. The plaintiffs do not object to an extension to file dispositive motions; their response asks that, if the extension is granted, that their discovery deadline and expert disclosure deadline be extended as well. The defendants had good cause for filing their motion for summary judgment past the deadline (the need for Dr. Elyea's deposition transcript). The defendants' motion for summary judgment will therefore be considered on its merits. The defendants' motion for an extension is denied as moot (d/e 19). The plaintiffs shall have until October 31, 2006, to file their response to the summary judgment motion. The plaintiffs may attempt to oppose the summary judgment motion with experts of their own, subject to meritorious objections by the defendants, who may file a reply or other appropriate motion within 30 days of the plaintiffs' response. However, the plaintiffs must also make the disclosures required under Rule 26(a)(2) by October 31, 2006, if they seek to rely on experts. The court is not extending the deadlines for expert disclosure at this time. The court is only allowing the plaintiffs to present the experts they wish to be considered. Whether those experts will be considered will be determined after all parties have had a chance to state their positions. The discovery deadline remains unchanged. If the plaintiffs seek a reopening of discovery in order to oppose summary judgment, they must file a motion stating the specific information they seek, explain why the information is necessary to their case, explain why they were unable to obtain the information during discovery, and state how much time they need. As many of the issues in the summary judgment motion are also relevant to the motion to certify class, both motions will be ruled on together. The defendants' motion seeking $17.50 for costs incurred for the no-show deposition of Stasiak is granted (d/e 16). The plaintiffs' motion to make per diem argument is denied as premature (d/e 12). The motion may be renewed when the case is set for trial, if it survives summary judgment. Entered by Judge Harold A. Baker on 10/5/06. (MAS, ilcd)

Oct. 5, 2006

Oct. 5, 2006

PACER
25

RESPONSE to Motion re 21 MOTION for Summary Judgment, 11 MOTION to Certify Class filed by Plaintiff Edward J Roe. (Attachments: # 1 Exhibit deposition of defendant elyea)(Heller, H) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER
26

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER

TEXT ORDER: The final pretrial conference and trial are cancelled, pending resolution of the motion for summary judgment. Entered by Judge Harold A. Baker on 2/21/2007. (MAS, ilcd)

Feb. 21, 2007

Feb. 21, 2007

PACER
27

OPINION: 1) Defendants' motion for summary judgment is granted in part and denied in part (d/e 21) as follows: a) Summary judgment is granted in favor of Defendants Walker and Sims, who are terminated from this case. b) Summary judgment is granted to Defendants on Plaintiff Roe's claims arising from events that occurred before his incarceration in 2003, on the grounds that those claims are barred by the statute of limitations. c) Summary judgment is granted to Defendants on the claims for injunctive relief by Plaintiffs Roe, Stasiak and Stephen. d) The motion for summary judgment is otherwise denied. 2) Plaintiffs' motion for class determination is denied (d/e 11). 3) A separate text order will enter setting this case for a final pretrial conference and trial. Entered by Judge Harold A. Baker on 3/28/2007. (GU, ilcd) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

Clearinghouse

TEXT ORDER: The final pretrial conference is scheduled for Thursday, November 1, 2007, at 2:00 p.m., by personal appearance. The proposed final pretrial order is due October 25, 2007. Jury Selection/Jury Trial is scheduled for November 13, 2007, at 9:00 a.m. Entered by Judge Harold A. Baker on 4/27/2007. (MAS, ilcd)

April 27, 2007

April 27, 2007

PACER
28

MOTION to Substitute Attorney, David M. Walter to be replaced by Eric J. Rieckenberg, by Defendant Willard O Elyea.Responses due by 5/21/2007 (Rieckenberg, Eric) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER

TEXT ORDER: Defendant's motion to substitute counsel is granted (d/e 28). Entered by Judge Harold A. Baker on 5/9/2007. (MAS, ilcd)

May 9, 2007

May 9, 2007

PACER
29

MOTION to Substitute Attorney, Eric J. Rieckenberg to be replaced by Joseph N. Rupcich, by Defendant Willard O Elyea. Responses due by 7/27/2007 (Rupcich, Joseph) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
30

RESPONSE to Motion re 29 MOTION to Substitute Attorney, Eric J. Rieckenberg to be replaced by Joseph N. Rupcich, No Objection to Motion filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

PACER

TEXT ORDER: Attorney Rieckenberg's Motion to Substitute Attorney 29 is granted. Entered by Judge Harold A. Baker on 7/19/2007. (GU, ilcd)

July 19, 2007

July 19, 2007

PACER
31

MOTION to Continue Trial Date by Defendant Willard O Elyea. Responses due by 9/4/2007 (Rupcich, Joseph) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER

TEXT ORDER: Defendants' unopposed motion to continue trial date is granted (d/e 31). Jury selection/jury trial is rescheduled to February 11, 2008, at 9:00 a.m.. The final pretrial conference remains scheduled for November 1, 2007, at 2:00 p.m., by personal appearance of counsel. Entered by Judge Harold A. Baker on 9/11/07. (ME, ilcd)

Sept. 11, 2007

Sept. 11, 2007

PACER
32

Proposed Pretrial Order by Willard O Elyea. (Rupcich, Joseph) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER

TEXT ORDER Entered by Judge Harold A. Baker on 10/31/07. The Court is in a jury trial at this time. The final pretrial hearing scheduled for 11/1/07 at 2:00 p.m has been vacated. It will rescheduled at a later date.(KW, ilcd)

Oct. 31, 2007

Oct. 31, 2007

PACER

TEXT ORDER: The final pretrial hearing has been scheduled on Wednesday, January 16, 2008, at 1:30 p.m. by personal appearance, at the U. S. District Courthouse, 201 S. Vine St., Urbana, IL., before the Honorable Harold A. Baker, Courtroom B. Entered by Judge Harold A. Baker on 11/1/2007. (DM, ilcd)

Nov. 2, 2007

Nov. 2, 2007

PACER
33

MOTION to Continue Final Pre-Trial Hearing(No Objection) by Plaintiffs Anthony P Stasiak, Timothy J Stephen, Jackson Walker. Responses due by 1/31/2008 (Heller, H) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER

The motion to continue final pretrial is granted (d/e 33). The final pretrial conference is rescheduled for January 31, 2008, at 1:30 p.m. by personal appearance. Entered by Judge Harold A. Baker on 1/15/2006. (CT, ilcd)

Jan. 15, 2008

Jan. 15, 2008

PACER

TEXT ORDER: Due to new conflicts in the court's calendar, the final pretrial is rescheduled to February 1, 2008, at 1:30 p.m. by personal appearance before the court in Urbana. Additionally, the jury trial must also be rescheduled, to February 14, 2008, at 9:00 a.m. The clerk is directed to issue writs to secure the presence of Plaintiffs Roe and Walker at the jury trial (see final pretrial order). No writs are necessary for the final pretrial conference, as Plaintiffs are represented by counsel. Entered by Judge Harold A. Baker on 1/16/2008. (MAS, ilcd)

Jan. 16, 2008

Jan. 16, 2008

PACER
34

MOTION in Limine Regarding Evidence of Indictment and Guilty Plea of Former Department of Corrections Director Donald Snyder by Defendant Willard O Elyea. Responses due by 2/14/2008 (Rupcich, Joseph) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
35

MOTION in Limine Regarding Evidence Claiming a Connection Between Defendant and the Illegal Actions of Former Director of the Illinois Department of Corrections Donald Snyder by Defendant Willard O Elyea. Responses due by 2/18/2008 (Rupcich, Joseph) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
36

PRETRIAL ORDER Entered by Judge Harold A. Baker on 2/4/08. See written order.(KW, ilcd) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER

TEXT ORDER Entered by Judge Harold A. Baker on 2/4/08. Due to the weather and the Courthouse being closed on 2/1/08, the final pretrial hearing has been reset to 2/4/08 at 1:30 PM in Courtroom B before Judge Harold A. Baker. Counsel was notified by telephone on 2/1/08. (KW, ilcd)

Feb. 4, 2008

Feb. 4, 2008

PACER

Minute Entry for proceedings held before Judge Harold A. Baker: Final Pretrial Conference held on 2/4/2008. Appearance for plaintiffs by Kent Heller. Appearances for defendants by Joseph Rupcich and Kelly Choate. Motion in limine will be taken with the trial. Clerk directed to e:sign pretrial order. (Court Reporter TJ.) (KW, ilcd)

Feb. 4, 2008

Feb. 4, 2008

PACER
37

WRIT of Personal Appearance at trial issued for Plaintiff Edward J. Roe. (Faxed copy of Writ to Concordia and Graham CC with original, sealed Writs mailed to both.) (DM, ilcd) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER
38

WRIT of Personal Appearance at trial issued for Plaintiff Jonathan Walker. (Faxed copy of Writ to Concordia and Graham CC with original, sealed Writs mailed to both.) (DM, ilcd) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER
39

MOTION in Limine to Bar Plaintiff Stasiak from Testifying at Trial by Defendant Willard O Elyea. Responses due by 2/28/2008 (Rupcich, Joseph) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

PACER

Minute Entry for proceedings held before Judge Harold A. Baker: Jury Trial held on 2/14/2008. Appearance for plaintiffs by Kent Heller. Plaintiffs Edward Roe and Anthony Stasiak appeared personally. Appearances for defendant by Joseph Rupcich and Kelly Choate. Defendant Willard Elyea appeared personally. Before jury selection, motion hearing held. Motions #34 and 35 are granted, but plaintiffs' counsel will not enter into evidence which will make them moot. Motion #39 is denied. Jury selection held. Jurors sworn to hear the case. Opening statements by the parties. Evidence for the plaintiffs. Plaintiffs' counsel offers defendant's exhibits 1-6 into evidence. No objection. Defendant's exhibits 1-6 marked and admitted. Plaintiff rests at 3:46. Jury excused until 2/15/08 at 9:00. Out the presence of the jury. Defendant's motion for judgment as a matter of law under Rule 50. Plaintiffs have made a prima facie case. Motion for judgment under Rule 50 is denied. Court in recess until 2/15/08 at 9:30. Plaintiffs remanded to the custody of IDOC. (Court Reporter TJ.) (KW, ilcd)

Feb. 14, 2008

Feb. 14, 2008

PACER
40

JURY VERDICT in favor of plaintiff Stasiak and against defendant Elyea. Compensatory damages $20,000.00 and punitive damages $2,000,000.00(KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
41

JURY VERDICT in favor of plaintiff Stephen and against defendant Elyea compensatory damages $20,000.00 and punitive damages $2,000,000.00 (KW, ilcd) (Additional attachment(s) added on 4/21/2008: # 1 jury verdict) (KW, ilcd). Corrected the jury verdict that was filed on 2/15/08. added on 4/21/2008: (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
42

JURY VERDICT in favor of plaintiff Walker and against defendant Elyea in the sum of compensatory damages $20,000.00 and punitive damages $2,000,000.00. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
43

JURY VERDICT in favor of plaintiff Roe and against defendant Elyea compensatory damages $20,000.00 and punitive damages $2,000,000.00. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
44

Remark: Question from the Court to the jury. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
45

Exhibit List. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
46

Jury Instructions. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
47

Remark: Uncontested issues of fact given to the jury. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
48

Defendant's Jury Instructions refused.. (KW, ilcd) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
49

Defendant's EXHIBIT admitted by the plaintiffs. Stored in a folder in the vault. (KW, ilcd) Modified on 2/15/2008 (KW, ilcd). (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER

Minute Entry for proceedings held before Judge Harold A. Baker: Court reconvene. Court is minus plaintiffs Ed Roe and Timothy Stephen. Evidence for the defendant. Defendant's motion for judgment under Rule 50; denied. Jury Instruction Hearing held. Closing arguments for the parties. Jury instructions read to the jury. Jury out to delibrate at 12:49. By agreement exhibit 6 will not be given to the jury. Court in recess until jury comes back with a verdict. Jury in with a verdict at 4:19. Verdicts read into the record. Judgment to be entered. Post trial motions due within 10 days. Court in recess at 4:33.Jury Trial completed on 2/15/2008. (Court Reporter TJ.) (KW, ilcd)

Feb. 15, 2008

Feb. 15, 2008

PACER
50

See written Order of 02/18/2009, this Judgment is vacated as to Plaintiffs Walker, Stephen and Stasiak. JUDGMENT in favor of Anthony P Stasiak, Edward J Roe, Jackson Walker, Timothy J Stephen and against Willard O Elyea (KW, ilcd) Modified on 2/18/2009 (DM, ilcd). (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

Clearinghouse
51

CASE MANAGEMENT ORDER: See written Order. Entered by Judge Harold A. Baker on 02/20/2008. (DM, ilcd) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
52

MOTION appointment of Court's expert by Plaintiff Edward J Roe. Responses due by 3/13/2008 (Attachments: # 1 Exhibit A. Dr. cv, # 2 Exhibit B. fee schedule)(Heller, H) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

PACER
53

MOTION for Judgment as a Matter of Law or In the Alternative, MOTION for New Trial by Defendant Willard O Elyea. Responses due by 3/21/2008 (Rupcich, Joseph) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

PACER
54

MEMORANDUM in Support re 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Defendant Willard O Elyea. (Rupcich, Joseph) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

PACER
55

CERTIFICATE of Compliance with Type Volume Limitation. (Rupcich, Joseph) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

PACER
56

MOTION for Permanent Injunction by Plaintiff Edward J Roe. Responses due by 3/24/2008 (Attachments: # 1 Exhibit A. NDDIC Treatment Guidelines)(Heller, H) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
57

RESPONSE to Motion re 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Plaintiff Edward J Roe. (Attachments: # 1 Certificate of Compliance)(Heller, H) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

PACER
58

RESPONSE to Motion re 56 MOTION for Permanent Injunction filed by Defendant Michael Puisis. (Rupcich, Joseph) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
59

MOTION for Extension of Time to File Response/Reply as to 51 Add and Terminate Parties, Order by Defendant Michael Puisis. Responses due by 4/28/2008 (Rupcich, Joseph) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
60

MOTION to Appoint Court's Expert Pursuant to Federal Rule of Evidence 706 by Defendant Michael Puisis. Responses due by 5/5/2008 (Attachments: # 1 Exhibit 1, 2 and 3)(Rupcich, Joseph) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

PACER

TEXT ORDER: It appears that the scanned-in version of the verdict for the plaintiff Walker covered up the punitive damages award due to the retraction of jurors' names. The clerk is directed to re-scan the original verdict for the plaintiff Walker. Additionally, the court directs the plaintiffs to file a reply to Defendant's response to the motion for permanent injunction, by May 2, 2008. Entered by Judge Harold A. Baker on 04/21/2008. (DM, ilcd)

April 21, 2008

April 21, 2008

PACER
61

MOTION for Reconsideration Class certification by Plaintiff Edward J Roe. Responses due by 5/19/2008 (Heller, H) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

PACER
62

RESPONSE to Motion re 61 MOTION for Reconsideration Class certification filed by Defendant Michael Puisis. (Rupcich, Joseph) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

PACER
63

MOTION releasew from prison for medical treatment of plaintiff roe by Plaintiff Edward J Roe. Responses due by 6/16/2008 (Heller, H) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
64

MOTION to Withdraw 63 MOTION releasew from prison for medical treatment of plaintiff roe, deceased by Plaintiff Edward J Roe. Responses due by 6/30/2008 (Heller, H) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER

TEXT ORDER: A Rule 16 conference is scheduled for June 25, 2008, at 10:00 a.m. by telephone conference. The clerk will initiate the call. Entered by Judge Harold A. Baker on 06/16/2008. (DM, ilcd)

June 16, 2008

June 16, 2008

PACER

Minute Entry for proceedings held before Judge Harold A. Baker: Scheduling Conference held on 6/25/2008. Appearance for plaintiffs by Jason Crowder. Appearance for defendant by Kelly Choate. Written order to be entered. (Court Reporter TJ.) (KW, ilcd)

June 25, 2008

June 25, 2008

PACER
65

ORDER entered by Judge Harold A. Baker on 06/26/2008: IT IS THEREFORE ORDERED: 1) The plaintiffs' motion for a permanent injunction is denied (d/e 56); 2) The parties' motions to appoint an expert for purposes of injunctive relief are denied as moot (d/e's 52, 60); 3) The defendant's motion for an extension of time to identify an expert is denied as moot (d/e 59); 4) The plaintiff's motion for reconsideration of class certification is denied (d/e 61); 5) The plaintiffs' motion for the release of the plaintiff Roe is denied as moot (d/e 63). The plaintiffs' motion to withdraw the motion for release is denied as moot (d/e 64); 6) By July 17, 2008, Plaintiff Walker is directed to file a motion for the injunctive relief he seeks for himself, if any; and 7) Pursuant to Fed. R. Civ. P. 25(a), the parties have 90 days after service of a statement noting the death of Plaintiff Roe to move for substitution. It appears that the statement noting death was served on June 12, 2008 (d/e 64). SEE WRITTEN ORDER. (DM, ilcd) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
66

Motion for Injunctive relief by Jonathan J. Walker. (DM, ilcd) Modified on 8/21/2008 (DM, ilcd). (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

PACER
67

MOTION to Substitute Party, Edward Roe to be replaced by Sandy Roe, by Plaintiff Edward J Roe. Responses due by 8/18/2008 (Heller, H) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER

TEXT ORDER: The clerk is directed to send Plaintiff Walker's counsel a copy of the letter Walker filed on July 30, 2008 (d/e 66). Entered by Judge Harold A. Baker on 08/08/2008. (DM, ilcd)

Aug. 8, 2008

Aug. 8, 2008

PACER
68

MOTION to Supplement 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial by Defendant Willard O Elyea. Responses due by 9/2/2008 (Rupcich, Joseph) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
69

MEMORANDUM in Support re 68 MOTION to Supplement 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Defendant Willard O Elyea. (Rupcich, Joseph) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
70

MOTION to Withdraw 69 Memorandum in Support of Motion by Defendant Willard O Elyea. Responses due by 9/2/2008 (Rupcich, Joseph) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
71

Exhibit to Defendant's Motion to Supplement Post-Trial Motion by Willard O Elyea. (Rupcich, Joseph) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER

Text Order: Defendant Elyea's motion to withdraw memorandum is granted (d/e 70). Motion # 68 is withdrawn. Entered by Judge Harold A. Baker on 8/18/08. (ME, ilcd)

Aug. 18, 2008

Aug. 18, 2008

PACER
72

ORDER entered by Judge Harold A. Baker on 08/21/2008: 1) A hearing regarding the injunctive relief sought by Walker is set for September 25, 2008 at 1:30 p.m. by personal appearance of counsel. Plaintiff Walker shall appear by video conference. The clerk is directed to issue a writ to secure Plaintiff's Walker's video presence at the hearing. If lead counsel in the case cannot appear at the hearing an associate with knowledge of the case and authority to act must appear, and 2) The clerk is directed to re-docket the plaintiff's letter as a motion for injunctive relief, so that it will show as pending on the court's docket. (DM, ilcd) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER

Notice of Docket Text or Event Modification re 66 . Per Judge's Order of August 21st, docket entry 66 was re-docketed as a Motion for Injunctive Relief. (DM, ilcd)

Aug. 21, 2008

Aug. 21, 2008

PACER
73

SECOND MOTION for Injunctive Relief by Plaintiff Jackson Walker. Responses due by 9/11/2008. (DM, ilcd) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER

TEXT ORDER: Plaintiff Roe's motion to substitute is granted (d/e 67). The clerk is directed to change the caption to show that Sandy Roe, as Administrator of the Estate of Edward J. Roe, deceased, is substituted for Plaintiff Roe. Entered by Judge Harold A. Baker on 08/25/2008. (DM, ilcd)

Aug. 25, 2008

Aug. 25, 2008

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Feb. 14, 2006

Closing Date: March 27, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four plaintiffs who were or had been incarcerated at Lincoln Correctional Center in Illinois sued the center's warden as well as directors at IDOC, because they had not received medical treatment for their hepatitis C infections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Lincoln Correctional Center (Logan), County

Illinois Department of Corrections, State

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Complaint (any)

Issues

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run