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VILLA v. FRANZEN

February 27, 1981

DONALD J. VILLA, PLAINTIFF,
v.
GAYLE M. FRANZEN ET AL., DEFENDANTS.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

On September 18, 1979 Donald J. Villa ("Villa") filed this action under 42 U.S.C. § 1983 ("Section 1983") against Director of the Illinois Department of Corrections Gayle M. Franzen ("Franzen"), Warden of the Stateville Correctional Center Marvin Reed ("Reed"), Comprehensive County Hospitals, Health and Allied Medical Programs Governing Commission of Cook County ("Commission"), the Village of Tinley Park ("Tinley Park") and other defendants,*fn1 alleging that the various defendants have engaged in numerous violations of Villa's Eighth and Fourteenth Amendment rights. Three fully-briefed motions are pending: Franzen's and Reed's motion to dismiss, Commission's motion to dismiss and Tinley Park's motion for summary judgment.*fn2

For the reasons stated in this memorandum opinion and order:

1. Franzen's and Reed's motion to dismiss is denied.

2. Commission's motion to dismiss is denied.

  3. Tinley Park's motion for summary judgment is
     granted.

Facts*fn3

Villa, an inmate at Stateville Correctional Center ("Stateville"), is now serving concurrent sentences of 30 to 90 years for attempted murder, armed robbery and aggravated kidnapping. Villa's convictions stem from an attempted robbery on July 12, 1977 during which he was shot and seriously wounded by a policeman just before his arrest.

As a result of that shooting Villa is a quadriplegic, having lost partial use of his arms and total use of his legs. For the period between the shooting and his June 4, 1979 sentencing Villa was placed in Cook County and Cermak Memorial Hospitals (the "hospitals"), both of which were operated by the Commission. Upon sentencing he was transferred to Stateville, where he is confined in that institution's medical facility.

Villa claims that the medical treatment he received at the hospitals and at Stateville has been so inadequate as to constitute cruel and unusual punishment in violation of the Eighth Amendment. Additionally he alleges that agents of Tinley Park beat him viciously on July 12, 1977 (apparently following his arrest).

Franzen's and Reed's Motion To Dismiss

In Complaint Count I Villa details the alleged inadequacies of his medical treatment at Stateville: the medical facility is unclean, Villa's diet is deficient and the particular needs caused by his physical condition are largely ignored. Villa seeks monetary relief and an injunction directing Franzen and Reed to transfer him to an adequate medical facility.

Franzen and Reed move to dismiss on three grounds:

1. Villa has failed to demonstrate that their conduct as prison supervisors amounts to "deliberate indifference to his serious medical needs," essential to obtain monetary relief against prison officials under Section 1983. Estelle ...


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