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GREER v. DEROBERTIS

July 18, 1983

EDDIE GREER, PLAINTIFF,
v.
RICHARD DEROBERTIS, ET AL., DEFENDANTS.



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

  MEMORANDUM OPINION AND ORDER

Eddie Greer ("Greer"), a former prisoner at Stateville Correctional Center ("Stateville"), brings this civil rights action against twelve Stateville officials*fn1 under 42 U.S.C. § 1983 ("Section 1983"), the Illinois Constitution and the laws of Illinois. Greer's Amended Complaint (the "Complaint") has three counts:

      1. Count I charges eight of the defendants
    violated Greer's Eighth Amendment,*fn2 equal
    protection and due process rights as well as his
    corresponding rights under the Illinois Constitution
    (Art. I, §§ 2 and 11) by punishing Greer for
    "misusing" state property when he refused to undergo
    surgery after having been taken to the hospital for
    that purpose.
      2. Count II asserts seven of the defendants (three
    of whom were named in Count I as well) violated
    those same rights (except for equal protection) by
    causing Greer to be placed in segregation (and
    punished in other respects as well) on the basis of
    charges known to be false. It also asserts flaws in
    the disciplinary proceedings.
      3. Count III charges Conley, who initiated the
    disciplinary proceeding at issue in Count II, with
    malicious prosecution under Illinois law.

Defendants now move to dismiss various aspects of those counts. For the reasons stated in this memorandum opinion and order defendants' motion is granted in part and denied in part.

Count I

Allegations*fn3

In June 1981 Hoffman performed surgery to alleviate Greer's hernia condition. In April 1982 another Stateville physician examined Greer, determined the operation had been unsuccessful and advised Greer to undergo a second operation. Greer then "expressed his desire that the corrective surgery be performed by someone other than defendant Hoffman." Complaint ¶ 13.

Despite Greer's request Hoffman was assigned to perform the operation. Two Stateville guards transported Greer to the hospital the evening before the scheduled surgery. Throughout the night Greer repeatedly told both the guard on duty in his room and hospital personnel (1) he did not want Hoffman to operate on him and (2) he wanted to speak to Hoffman. Complaint ¶ 17. Next morning Greer again expressed his refusal to have Hoffman conduct the operation. Later that morning the guard on duty informed Greer he could return to Stateville without undergoing the scheduled operation. Greer accepted that alternative.

Upon his return to Stateville that same day, Greer received an Inmate Disciplinary Report ("Disciplinary Report") charging his refusal to undergo the operation established a misuse of state property. That Disciplinary Report was issued by Elliott at the direction of Hoffman and was reviewed by Morgan. Complaint ¶ 21. As Greer learned from Elliott several months later, the Disciplinary Report "had been issued because other inmates had also refused treatment by prison physicians prior to plaintiff's refusal to be operated on by defendant Hoffman. . . . [T]hese other inmates had not been disciplined for refusing treatment." Complaint ¶ 28.

On April 29, 1982 the Adjustment Committee conducted a hearing on the charge. At the hearing Hall apprised Greer of his obligation to pay the state $500 to cover the expenses relating to his overnight stay at the hospital. Hall then told Greer if he signed a promissory note for the $500 he would not be assigned to segregation. After Greer refused to do so the Adjustment Committee found him guilty of the violation. As punishment the Adjustment Committee, with DeRobertis' knowledge and approval, revoked 30 days of his statutory good time credits, demoted him to C grade from A grade for 90 days and ordered him confined to segregation for 60 days. Complaint ¶ 23.

On May 4, 1982 Greer attempted to secure administrative review of the Adjustment Committee determination by sending a grievance letter to Allen. Greer never received a response. Complaint ¶ 25. Later in May Greer was released from segregation because of good behavior. All other sanctions imposed by the Adjustment Committee were apparently fully carried out.

Based on all those allegations, Count I seeks damages against DeRobertis, Hall, Morgan, Hoffman, Elliott, Allen and the two unknown members of the Adjustment Committee.

Motion To Dismiss

Defendants attack Count I on ...


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