Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Douglas C. Powell v. Raymond Lewellyn

September 12, 2012

DOUGLAS C. POWELL,
PLAINTIFF-APPELLANT,
v.
RAYMOND LEWELLYN, SERGEANT HUEY, AND SERGEANT OSENBERG, DEFENDANTS-APPELLEES.



Appeal from Circuit Court of Vermilion County No. 11CH27 Honorable Michael D. Clary, Judge Presiding.

The opinion of the court was delivered by: Presiding Justice Turner

PRESIDING JUSTICE TURNER delivered the judgment of the court, with opinion.

Justices Pope and McCullough concurred in the judgment and opinion.

OPINION

¶ 1 In February 2011, plaintiff, Douglas C. Powell, filed a pro se petition for injunctive relief against defendants, Raymond Lewellyn, Sergeant Huey, and Sergeant Osenberg. The trial court denied the petition. We vacate the trial court's judgment and remand for further proceedings.

¶ 2 I. BACKGROUND

¶ 3 In a pro se petition dated January 31, 2011, and filed on February 1, 2011, plaintiff, an inmate in the Vermilion County jail, sought injunctive relief against "Capt. Lewellyn," "Sgt. Huey," and "Sgt. Osenberg." Plaintiff stated he suffers from seizures that require immediate medical attention. He alleged he filed an institutional grievance concerning the denial of medical attention and the regulation of medication. He also alleged Sergeant Osenberg denied him medical attention and placed him in a padded cell. The petition includes a "notice of filing," and names the State's Attorney, the circuit clerk, Judge Clary, Captain Lewellyn, Sergeant Huey, and Sergeant Osenberg.

¶ 4 On February 7, 2011, a letter from plaintiff was filed, wherein he stated he had filed a lawsuit and "sent a copy of it to all parties involved." Plaintiff requested that he be notified when the hearing on the matter would take place.

¶ 5 In a letter dated February 1, 2011, and filed on February 14, 2011, plaintiff wrote to the trial court, stating he suffered from seizures and was supposed to have blood work performed every 30 days. He claimed that had not been done since the date of his arrest on December 20, 2010. On January 5, 2011, plaintiff alleged he felt a seizure coming on and told "Sgt. Sands," who did nothing. When the seizure occurred, plaintiff sustained a head injury. On January 17, 2011, plaintiff had a seizure and "Sgt. Osterber" placed him in a padded cell and told him he was not going to the hospital. Plaintiff claimed he was being wrongfully treated and asked for help in this matter.

¶ 6 On February 14, 2011, the trial court denied plaintiff's petition for injunctive relief. The court noted plaintiff failed to describe what specific act he wanted defendants enjoined from doing. The court found an injunctive order was not proper under the allegations of the petition. This appeal followed.

¶ 7 II. ANALYSIS

¶ 8 On appeal, plaintiff filed a handwritten brief, the "argument" of which consists of 1 1/2 pages. He reiterates that he suffers from seizures and claims he was denied adequate health care. He seeks $700,000 in compensation for medical negligence and pain and suffering and asks that defendants be relieved of their jobs. Defendants did not file a brief as they are not parties to the appeal because they have never been served with plaintiff's petition. We find this case is not ripe for adjudication.

¶ 9 In People v. Laugharn, 233 Ill. 2d 318, 323, 909 N.E.2d 802, 805 (2009), the trial court dismissed the prisoner's pro se petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2004)) only 7 days after the petition's filing and prior to the expiration of the usual 30-day period for the State to answer or plead. Our supreme court held the trial court could not sua sponte dismiss a plaintiff's petition unless it is " 'ripe for adjudication.' [Citation.]" Laugharn, 233 Ill. 2d at 323, 909 N.E.2d at 805. The supreme court held the "dismissal short-circuited the proceedings and deprived the State of the time it was entitled to answer or otherwise plead." Laugharn, 233 Ill. 2d at 323, 909 N.E.2d at 805. Since the section 2-1401 petition was not ripe for adjudication, the court vacated the judgments of the appellate court and the trial court. Laugharn, 233 Ill. 2d at 323-24, 909 N.E.2d at 805.

ΒΆ 10 In the case sub judice, plaintiff filed his pro se petition for injunctive relief on February 1, 2011. It does not appear defendants were ever served with notice or a summons. On February 14, 2011, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.