Leal v. Pinkerton

CourtDistrict Court, S.D. Illinois
DecidedJanuary 13, 2025
Docket3:22-cv-01172
StatusUnknown

This text of Leal v. Pinkerton (Leal v. Pinkerton) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leal v. Pinkerton, (S.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

JORGE LUIS LEAL, ) ) Plaintiff, ) ) v. ) Case No. 22-cv-1172-RJD ) LT. PINKERTON, et al., ) ) Defendants. )

ORDER DALY, Magistrate Judge1: Plaintiff Jorge Luis Leal filed this action under 42 U.S.C. § 1983 for alleged constitutional deprivations during his pretrial detention at Williamson County Jail. (Doc. 23). Following the threshold review of his First Amended Complaint (Doc. 20), Plaintiff was allowed to proceed on the following claims: Count 5: Fourteenth Amendment claim against Reynolds for subjecting Plaintiff to a serious risk of harm to his health or safety when she approved Inmate Summers as an inmate trustee while a “keep separate order” from Plaintiff was in effect sometime before July 15, 2021.

Count 6: Fourteenth Amendment claim against Crowson, Bandit, Gibbs, and Etherton for failing to protect Plaintiff from a serious risk of harm when they moved Inmate Summers into the Jail’s protective custody unit on July 15, 2021, just before Inmate Summers and others attacked Plaintiff.

Count 7: Fourteenth Amendment claim against Crowson and Reynolds for delaying or denying Plaintiff adequate medical treatment for the injuries he sustained in the inmate attack on July 15, 2021.

1 This case has been assigned to the undersigned to conduct all proceedings, including trial and final entry of judgment upon the parties’ full consent pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. (Doc. 28). Page 1 of 12 Count 10: Fourteenth Amendment claim against Havens and Pinkerton for denying Plaintiff’s requests for mental health care from July 22 until August 3, 2021.

(Doc. 23). Thereafter, all defendants filed motions for summary judgment on the issue of exhaustion of administrative remedies (Docs. 48 and 49), and Plaintiff filed a renewed motion for recruitment of counsel (Doc. 60). While those motions were pending, Defendant Marilyn Reynolds filed a Suggestion of Bankruptcy and Notice of Stay (“Notice of Stay”) (Doc. 65), seeking a finding that proceedings in this case are automatically stayed or should be stayed under the Court’s inherent authority. The Court will first address the issue of staying and then turn to Plaintiff’s motion for recruitment of counsel. Suggestion of Bankruptcy and Notice of Stay (Doc. 65) In her Notice of Stay, Reynolds advises the Court that on November 11, 2024, Wellpath, LLC (“Wellpath”) filed a Voluntary Petition for Non-Individuals Filing Bankruptcy for relief under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of Texas (Houston Division), commencing Case No. 24-90563ARP. (Doc. 65-1). Wellpath, which is not a party in this action, was Reynolds’ employer at all times relevant to the Amended Complaint. (Doc. 65, p. 1). Despite Wellpath not being a named party, Reynolds argues that proceedings in this case are automatically stayed pursuant to 11 U.S.C. § 362(a) and the Amended Interim Order Enforcing the Automatic Stay (the “Stay Order,” Doc. 65-2) that the Bankruptcy Court entered on November 12, 2024. Alternatively, Reynolds argues that this Court

should exercise its inherent authority and stay proceedings in view of the fact that the bankruptcy court is likely to clarify that the automatic stay extends to her. No response or objection has been filed to the Notice of Stay.

Page 2 of 12 Automatic Stay under 11 U.S.C. § 362(a) and the Stay Order First, Reynolds argues that proceedings in this case are automatically stayed pursuant to 11 U.S.C. § 362(a) and the Stay Order. The basis of Reynolds’ argument is that the claims against her arise out of her provision of medical services to Plaintiff in her respective capacity as an employee of Wellpath. As such, she alleges that Wellpath is required to defend and indemnify her

in this matter. Section 362 of the Bankruptcy Code provides for the staying of several proceedings upon filing of a voluntary petition under Chapter 11 of Title 11 of the United States Code. The two relevant subsections are the following: 1. “[T]he commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the case under this title, or to recover a claim against the [D]ebtor that arose before the commencement of the case under this title; . . . 3. [A]ny act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate[.] 11 U.S.C. § 362(a). In addition, the Stay Order provides that certain lawsuits in which Wellpath is named as one of the defendants are stayed in their entirety, including claims against Wellpath’s co- defendants, on an interim basis, pursuant to Section 362 of the Bankruptcy Code. (Doc. 65-2, p. 3). Reynolds does not dispute that the Stay Order does not directly address actions in which Wellpath is not a named defendant, as the one at bar. (Doc. 65, p. 3). She argues, however, that automatic stay under 11 U.S.C. § 362(a) extends to this case under both relevant subsections of Section 362(a) because Wellpath is required to defend and indemnify Reynolds. The Court will address each subsection in order.

Page 3 of 12 11 U.S.C. § 362(a)(1)

Reynolds’ first basis for staying proceedings is the first subsection of Section 362 of the Bankruptcy Code. The Seventh Circuit has clarified that the automatic stay under this subsection principally protects only the debtor and does not extend to non-bankrupt third parties. See Pitts v. Unarco Indus., Inc., 698 F.2d 313, 314 (7th Cir. 1983) (“The clear language of Section 362(a)(1) thus extends the automatic stay provision only to the debtor filing bankruptcy proceedings and not to non-bankrupt co-defendants.”); Fox Valley Constr. Workers v. Pride of the Fox Masonry & Expert Restorations, 140 F.3d 661, 666 (7th Cir. 1998); In re Aearo Techs. LLC, 642 B.R. 891, 904–05 (Bankr. S.D. Ind. 2022) (Section 362(a)(1), while broad, generally protects only the debtor, not non-bankrupt co-debtors). Reynolds first cites the Seventh Circuit’s Fox Valley decision, where the court stated that an automatic stay under 11 U.S.C. § 362(a)(1) can extend to third parties where “the debtor and [the] third party have such a similarity of interests that failure to protect the third party will mean

that the assets of the debtor itself will fall into jeopardy.” Fox Valley, 140 F.3d at 666. There, a retirement fund sued Pride of the Fox Masonry and Expert Restorations (“Pride of the Fox”) to recover delinquent contributions. Id. at 663.

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Leal v. Pinkerton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leal-v-pinkerton-ilsd-2025.