United States District Court, C.D. Illinois, Peoria Division
JOHN LIPSEY, Individually and as father and next friend of J.L., a disabled minor, Plaintiffs,
UNITED STATES OF AMERICA, KANKAKEE COUNTY, a body politic, THE SHERIFF OF KANKAKEE COUNTY, TIMOTHY F. BUKOWSKI, MICHAEL DOWNEY; HEATHER GILL, R.N., TIMOTHY MENARD, P.A., CLYDE DAYHOFF, D.O., IVETTE CHAREE SANGSTER, L.P.N., and MJS ADVANTAGE, INC., a corporation, Defendants.
ORDER ON MOTION FOR SUMMARY JUDGMENT
E. Shadid Chief United States District Judge
Kankakee County Defendants have filed a Motion for Summary
Judgment. For the reasons set forth below, the Motion 
White was pregnant and in the last trimester of her pregnancy
when she was taken into federal custody. J.L. is the child
that White delivered while in custody, and John Lipsey is
J.L.'s father. The relevant allegations in
Plaintiffs' Amended Complaint arise out of White's
time at the Jerome Combs Detention Center
(“JCDC”) between September 11, 2009, and
September 30, 2009. The JCDC is owned, operated, and managed
by Defendant Kankakee County. Defendant Timothy Bukowski
(“Bukowski”) is the Sheriff of Kankakee County.
the summer of 2009, White and others were wanted on federal
bank fraud charges. At that time, White was pregnant with her
tenth child. A criminal complaint was filed against White in
the Eastern District of Virginia on June 8, 2009, and White
was to self-surrender at the federal courthouse in Hammond,
Indiana, on July 6, 2009. Needless to say, she did not
surrender as expected.
September 10, 2009, White was located, taken into custody,
and place overnight at the St. Joseph County Jail in Indiana.
The next day, she was transported by the United States
Marshall Service (“USMS”) to the federal
courthouse in Hammond for a court appearance. The Court
ordered White remanded to the custody of the USMS and
transported to the United States District Court for the
Eastern District of Virginia. At that time, she was
approximately 35 weeks pregnant, so the USMS arranged for
White to be housed at the JCDC pursuant to a contract fo the
safekeeping and care of federal detainees, with the
expectation that she would remain there until after she gave
birth to her child.
in the custody of the USMS on September 11, 2009, White did
not have any symptoms of illness or injury, and there was no
indication that she was in immediate need of medical
treatment. When deposed, White further indicated that she had
had three prenatal visits with a midwife in March, April, and
June 2009, but had received no prenatal care after June 2009
because she knew that she was wanted by the police.
summary of the relevant chronology is as follows:
September 11, 2009 - White was transferred from the
courthouse in Hammond to JCDC. The JCDC intake officer
obtained information from White, completed an intake form
noting that White's due date was October 18 and that her
last medical exam was in August, and that she took prenatal
vitamins. White claims that she does not recall whether she
told the intake officer about any problems she was having
with her pregnancy. White Dep. 77. White admits she did not
inform the intake officer that with her ninth pregnancy, she
had placenta previa. White Dep. 78.
September 12, 2009 - Nurse Sangster saw White in her housing
unit. White said her due date was October 18, 2009, and that
she was not having any problems with her pregnancy. Sangster
Dep. 15, 23-27.
September 16, 2009 - JCDC nurse Heather Gill
("Gill") saw White in the JCDC clinic. Gill's
note states, "Inmate Seen in Clinic. Has had regular
check ups with OB/GYN in Indiana. States this will be her
10th child. Denies any problems with pregnancy. Prenatal
vitamins ordered. Will try to schedule apt with Dr. Mehta or
Haile." White Dep. Ex. 15. White admits that she told a
female nurse that she didn't have any problems with her
tenth pregnancy. White Dep. 80.
September 17, 2009 - JCDC officials had a routine meeting
with medical staff. White's pregnancy was discussed. JCDC
Chief of Corrections Michael Downey (“Downey”)
states that he was concerned about White's pregnancy and
their difficulty scheduling White with an obstetrician. The
notes from the meeting reflect that Dr. Haile refused to take
White as a patient that late in her pregnancy. Downey stated
at the meeting that he had contacted the USMS and asked that
White be transferred to a different facility where
obstetrical care might be more accessible. (Downey does not
remember who he talked to, and USMS employees deny having
received such a call.) The meeting notes reflect that
"the feds" told Downey it was impossible to move
White at that time. Follow-up notes indicate that Downey
would continue to work on a transfer, an emergency delivery
kit would be ordered, and the health care staff would monitor
White very closely.
September 18, 2009 - JCDC physician's assistant Timothy
Menard ("Menard") attempted to have White come to
the health care unit. A log note written by Menard states,
"[White] refused to be seen this a.m. per health care.
She did sign a refusal form and was informed of the risks to
her and her unborn child. She was informed that with [sic]
being able to do weekly Gyne. exams that there is no way to
determine cervical dilation or position of the fetus."
White Dep. Ex. 16. The treatment refusal form is found at
White Deposition Exhibit 1. White admits she signed the
refusal form. The record is devoid of any documentation
indicating that White ever requested medical attention from
anyone at the JDRC either before or after she refused to be
seen on September 18, 2009.
September 21, 2009 -Nurse Gill wrote a log note stating that
Westwood OB called back, and Dr. Lewicky would see White
"next Tuesday." S ...