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Roger E. Morris v. Health Professionals

February 15, 2011

ROGER E. MORRIS, PLAINTIFF,
v.
HEALTH PROFESSIONALS, LTD., COUNTY OF PEORIA, MICHAEL MCCOY, PEORIA COUNTY SHERIFF,BLAINE T. DUHS, NATHAN ADAMS, DAVID HOYLE, JAMES HAJNAL, JERRY RIEGELEIN, STEVEN SMITH, SHERRY BAUSWELL, STEPHEN A. CULLINAN, ROSE SHIPP, DEFENDANTS.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

E-FILED

Tuesday, 15 February, 2011 10:04:54 AM

Clerk, U.S. District Court, ILCD

ORDER

Now before the Court are five Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [#4, #8, #20, #24, #28]. For the reasons set for below, Defendants' County of Peoria and Peoria County Sheriff Michael McCoy Motion to Dismiss [#4] is GRANTED IN PART and DENIED IN PART. The Motion to Dismiss [#4] is GRANTED as to Count II and Count IX and DENIED as to Count I.

The Motion to Dismiss [#8] filed by Defendants Nathan Adams, Sherry Bauswell, Blaine T. Duhs, James Hajnal, David Hoyle, and Jerry Riegelein is DENIED. Defendant Health Professionals Ltd.'s Motion to Dismiss [#20] is DENIED. Defendant Stephen A. Cullinan's Motion to Dismiss [#24] is DENIED. The Motion to Dismiss [#28] filed by Defendant Steven Smith is GRANTED, and Smith is dismissed as a party. This matter is referred to the Magistrate Judge for further proceedings.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1343, as the claim asserted in the Complaint presents a federal question under the Civil Rights Act of 1871. 42 U.S.C. § 1983.

BACKGROUND AND PROCEDURAL HISTORY

Unless otherwise noted, the background is taken from allegations in Plaintiff's Complaint and presumed to be true for purposes of resolving this Motion. On June 25, 2010, Plaintiff Roger E. Morris ("Morris") filed an Amended Complaint [#1, Ex.1] against Defendants Health Professionals, Ltd., County of Peoria, Peoria County Sheriff Michael McCoy, Blaine T. Duhs, Nathan Adams, David Hoyle, James Hajnal, Jerry Reigelein, Steven Smith, Sherry Bauswell, Stephen Cullinan, and Rose Shipp. The action was removed to this Court on July 21, 2010. The Defendants subsequently filed Motions to Dismiss [#4, 8, 20, 24, 28].

Around June of 2007, Morris suffered a severe burn injury to his left hand. On June 18, 2008, Morris underwent reconstructive surgery in order to repair the burn injury and the substantial flexion contracture resulting from the burn. Morris had a post-surgical, protective wrap and brace on his hand in order to protect the surgery site as well as over 100 stitches. Morris was scheduled to return to his attending surgeon on June 26, 2008.

On June 25, 2008, Defendants Blaine T. Duhs ("Duhs"), Nathan Adams ("Adams"), David Hoyle ("Hoyle"), and James Hajnal ("Hajnal"), who are Peoria County deputies and detectives, arrived at Morris' house in response to a report made by Morris' girlfriend's seventeen-year-old daughter. There is no information before the Court at this time to indicate what the seventeen-year-old daughter was reporting. Morris let Duhs, Adams, Hoyle, and Hajnal into his home at their request. Morris informed Duhs, Adams, Hoyle, and Hajnal that he had recently undergone surgery and needed to continue wearing his brace in order to keep the surgical site sterile. Duhs and Adams ignored this request and required Morris to remove his brace in order to handcuff him.

After removing his brace, Morris was placed under arrest and handcuffed. There is no information before the Court at this time to indicate why Morris was arrested. Duhs, Adams, Hoyle, and Hajnal then allegedly forced Morris to stand outside in the rain after Morris informed the officers that he needed to keep his hand dry. Morris was then transported in a jail transport vehicle and Hoyle's patrol car. Defendants Duhs, Adams, Hoyle, and Hajnal are all Peoria County deputies and detectives under the supervision of Defendant Peoria County Sheriff Michael McCoy ("McCoy") and Peoria County Jail Supervisor Stephen Smith ("Smith").

Upon arriving at the Peoria County Jail, Morris was placed in an interview room for several hours and was not provided any medical care. When Morris went to be fingerprinted by Correctional Officer Jerry Riegelein ("Riegelein"), Morris requested that Reiegelein use a new pair of sterile plastic gloves as Riegelein had allegedly fingerprinted several other detainees with the same gloves. Riegelein purportedly ignored this request and immediately fingerprinted Morris. Morris also informed Defendant Sherry Bauswell ("Bauswell") of his injury and requested that she contact his treating physician regarding his medical needs.

After Morris was booked in the Peoria County Jail, a jail medical staff nurse named Rose Shipp ("Shipp") attended Morris' wounds. Morris informed Shipp that he was instructed to keep his hand dry, but Shipp applied hydrogen peroxide and Neosporin to Morris' injured hand.

Defendant Shipp was a nurse employed by Health Professionals, Ltd. ("Health Professionals"). At the time of these incidents, Stephen A. Cullinan ("Cullinan") was the regional medical director for Health Professionals and was the contracted jail physician for Peoria County Jail.

After being released from Peoria County Jail over 24 hours later, Morris' skin graft dehisced, or re-opened, which resulted in the failure of the hand surgery performed on June 18, 2008. Morris required two subsequent reconstructive surgeries to repair the dehiscence, which entailed substantial skin grafting. Shortly after being detained in the Peoria County Jail, Morris was also diagnosed with a staphylococcus aureus ("staph") infection, which necessitated additional surgery and hospitalization as well as treatment by an infectious disease specialist.

Morris, in his Amended Complaint, alleges counts against Defendant McCoy for negligence under the Tort Immunity Act and for deprivation of rights under section 1983 (Counts I, II, and IX). Morris also alleges counts against Defendant Peoria for negligence under the Tort Immunity Act (Count II). Morris alleges counts against Defendants Duh, Adams, Hoyle, Hajnal, Riegelein, Bauswell, Smith, Shipp, and Cullinan for deprivation of rights under section 1983 (Counts III-IX, XI, and XII). Morris alleges Count X against Health Professionals for medical negligence. Morris also designates two respondents in discovery (Count XIII).

Defendants Peoria County and McCoy filed the first Motion to Dismiss [#4]. Then, Defendants Adams, Bauswell, Duhs, Hajnal, Hoyle, and Reigelein filed a Motion to Dismiss [#8]. Defendant Health Professionals filed a separate Motion to Dismiss[#20]. Defendant Cullinan also filed a Motion to Dismiss [#24]. Defendant Smith filed a separate Motion to Dismiss [#28]. ...


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