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
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
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 ...