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
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.
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
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.
Defendants attack Count I on ...