United States District Court, N.D. Illinois, Eastern Division
December 13, 2005.
UNITED STATES OF AMERICA
OZIEL MARTINEZ, Defendant.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Defendant Oziel Martinez, a pretrial detainee, has complained
for several months of headaches associated with a developing
cataract. Cataract surgery, we are advised, is an elective
procedure not paid for by the government for pretrial detainees.
This court is not in a position to make a medical evaluation, but
we are aware that a cataract diagnosis was made while Martinez
was in detention at Kenosha. He is presently in detention in
The defendant very much desires to have the surgery performed,
at his expense. He is also willing to pay the contract rate for
sheriff's deputies to accompany him to a doctor's office for
evaluation and for the procedure, just as deputies in Kankakee
accompany prisoners for medical procedures initiated by the
In those circumstances we order that the defendant be taken,
under guard, to a doctor of his choice for evaluation and for any
procedure that follows, at times fixed by the doctor and
communicated to the Marshal Service and his counsel, but not to
the defendant, at the expense of the defendant. The defendant
shall furnish to the Marshal Service a billing address and shall
make his own arrangements to pay for both the medical services
and the guard services.
© 1992-2006 VersusLaw Inc.