Ruiz v. Williams

144 F. Supp. 3d 1007, 2015 U.S. Dist. LEXIS 154999, 2015 WL 7251950
CourtDistrict Court, N.D. Illinois
DecidedNovember 17, 2015
DocketCase No. 14-cv-02750
StatusPublished
Cited by8 cases

This text of 144 F. Supp. 3d 1007 (Ruiz v. Williams) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruiz v. Williams, 144 F. Supp. 3d 1007, 2015 U.S. Dist. LEXIS 154999, 2015 WL 7251950 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Robert M. Dow, Jr., United States District Court Judge

Before the Court is the motion [75] of Defendants Eggemeyer, Hardy, Harrington, Pfister,1 Reed, and Shicker (“Defendants”) to dismiss Plaintiffs amended complaint [11] or, in the alternative, to sever the claims involving the Pontiac Correctional Center and the Menard Correctional Center. For the reasons set forth below, the Court denies Defendants’ motion. The Court also grants Defendant Whitfield leave to file an answer or a motion to dismiss by December 14, 2015.

1. Background2

On April 14, 2011, Plaintiff filed a pro se complaint [1] against seventeen medical and non-medical officials who work at the Stateville, Pontiac, and Menard Correctional Centers, where Plaintiff has been incarcerated. The complaint was handwritten in narrative form and did not contain separate counts. It alleged, in essence, that the defendants violated his rights under the First, Fifth, Eighth, Ninth, and Fourteenth Amendments to the U.S. Constitution by showing deliberate indifference and reckless and callous disregard for his re[1010]*1010quests for medical treatment following a “gastric eruption” in his lower right abdomen in February 2010.

When he filed his original complaint, Plaintiff also filed a motion for leave to proceed in forma pauperis [3] and a motion for attorney representation [4], The Court granted both of Plaintiffs motions. See [6], [7]. In addition, the Court dismissed Plaintiffs original complaint without prejudice and ordered Plaintiffs recruited counsel to file an amended complaint to address two issues. [6] at 3. First, the Court determined that the original complaint did not comply with federal rules concerning joinder, because it alleged “distinct claims against unrelated Defendants.” Id. at 2. The Court stated that “Plaintiff may sue only Stateville officials under this case number,” and must file a separate action against the Pontiac officials in the U.S. District Court for the Central District of Illinois, and another separate action against the Menard officials in the Southern District of Illinois. Id. (citing George v. Smith, 507 F.3d 605, 607 (7th Cir.2007)). Second, the Court recommended that counsel “ensure that any claim against Stateville Defendants is timely” under the applicable two-year statute of limitations. Id. (citing Dominguez v. Hendley, 545 F.3d 585, 588 (7th Cir.2008); 735 ILCS 5/13-202).

Plaintiff, through his recruited attorneys, filed an amended complaint [11]. The amended complaint adds as a defendant Wexford Health Sources, Inc. (‘Wexford”), which provides medical care and treatment to inmates at the Stateville, Pontiac, and Menard Correctional Centers. The amended complaint contains a background section, divided into three parts, that outlines the deliberate indifference that Plaintiff allegedly endured at the Stateville, Pontiac, and Menard Correctional Centers. All of the events detailed occurred between February 2010 — when Plaintiff felt the “gastric eruption” in his lower right abdomen — and January 2014 — when he was diagnosed with irritable bowel syndrome (“IBS”) and prescribed medication to help treat his condition and control his pain. The amended complaint contains three counts. Count I is brought against all Defendants except Wexford and alleges a claim under 42 U.S.C. § 1983 for cruel and unusual punishment and deliberate indifference to serious medical needs. Count II is brought only against Wexford and alleges that Wexford’s policies and procedures resulted in the consistent failure and refusal of its employees to provide adequate medical care to Plaintiff. Count III is brought against all Defendants and alleges that Defendants have violated Plaintiffs First Amendment rights by retaliating against him for pursuing prior lawsuits and grievances at the Stateville, Pontiac, and Menard correctional centers.

II. Motion to Dismiss Claims Against Defendants Whitfield and Hardy On Statute of Limitations Grounds

Defendants have moved to dismiss Plaintiffs claims against Defendant Whitfield and Defendant Hardy on the basis that such claims are barred by the two-year statute of limitations that applies to Section 1983 actions in Illinois. See Kalimara v. Illinois Dep’t of Corr., 879 F.2d 276, 276-77 (7th Cir.1989) (holding that Illinois’ two-year statute of limitations, which applies generally to actions for damages for injury to the person, as well as to several listed intentional torts, applies to § 1983 actions brought in Illinois). The Court considers each Defendant separately-

A. Defendant Whitfield

The motion at issue here [75] was brought by Defendants Eggemayer, Har[1011]*1011dy, Pfíster, Reed and Shicker. [75] at 1, 8; see also [81] at 1, 7. These Defendants do not have standing to move for the dismissal of claims against Defendant Whitfield. Therefore, the motion [75] is denied as to Defendant Whitfield. The Court presumes that Defendants may have mistakenly omitted Defendant Whitfield from the motion’s title, introductory paragraph, and prayer for relief. Therefore the Court grants Defendant Whitfield leave to file a motion to dismiss or an answer by no later than November 25, 2015.

B. Defendant Hardy

1. Factual Background

The following allegations in the amended complaint are relevant to resolving Hardy’s statute of limitations argument. At all times relevant to the amended complaint, Hardy was warden at the Stateville Correctional Center. [11] at 6. On February 24, 2010, while residing in the Stateville Correctional Center, Plaintiff felt a gastric eruption in his lower right abdomen and groin area. Id. at 4. Plaintiff saw medical staff and was prescribed laxatives, but this did not address his condition and his pain continued to worsen. See id. at 5. On August 3, 2010, Plaintiff submitted an emergency grievance complaining that he was suffering from pain, gas and other issues that medical staff had failed to address. Id. On August 11, 2010, Defendant Hardy deemed Plaintiffs August 3, 2010 grievance an emergency. Id. at 6. However, Hardy never followed up on the issue and no one else addressed it. Id. at 6. Hardy subsequently received (on unspecified dates) at least four more grievances from Plaintiff seeking help for the same medical problems, but did not respond. Id. Plaintiff also sent (on unspecified dates) letters to Hardy concerning his medical condition, severe pain, and need for help, but Hardy did not respond to the letters, either. Id. On December 30, 2011, Plaintiff was examined by Defendant Dr. Carter in the Health Care Unit. Dr. Carter gave Ruiz laxatives, but they did not help with Plaintiffs extreme abdominal pain, lower back pain, or bleeding rectum. Id. at 8. Plaintiff complained to Defendant Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Walton v. Brookhart
S.D. Illinois, 2024
Reese v. Dart
N.D. Illinois, 2022
Thomas v. Chmell
N.D. Illinois, 2021
Bernard v. Scott
N.D. Illinois, 2020
Hensley v. Mr. Venerable
N.D. Illinois, 2020
Passmore v. Josephson
376 F. Supp. 3d 874 (E.D. Illinois, 2019)
Passmore v. O'Leary
N.D. Illinois, 2019

Cite This Page — Counsel Stack

Bluebook (online)
144 F. Supp. 3d 1007, 2015 U.S. Dist. LEXIS 154999, 2015 WL 7251950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-williams-ilnd-2015.