United States District Court, S.D. Illinois
RONALD E. BURT, #N-60788, Plaintiff,
S. NWAOBASI, et al., Defendants.
FINAL PRETRIAL ORDER
J. ROSENSTENGEL, United States District Judge
COUNSEL OF RECORD
Attorneys for Plaintiff: Ronald A. Norwood, St. Louis,
Missouri, Benjamin A. Lipman,
Attorneys for Defendants Trost and Nwaobasi: Timothy P.
Dugan, Cassiday Schade LLP, Edward Khatskin, Cassiday Schade
Attorneys for Defendant Alex Jones: Max Boose, Assistant
NATURE OF THE CASE
Ronald Burt, alleges the defendants violated his
constitutional right to medical treatment by showing
deliberate indifference to his serious medical needs.
Defendants John Trost and Sam Nwaobasi deny Plaintiff had a
serious medical need and that they were deliberately
indifferent to it.
Alex Jones is party to this case in his official capacity
only, and exclusively to perfect such injunctive relief as is
ordered by the Court.
SUBJECT MATTER JURISDICTION
an action for damages and injunctive relief. The basis for
the Court's subject matter jurisdiction over
Plaintiff's Constitutional claims is under 28 U.S.C.
§ 1343(a)(3), because this action arises under 42 U.S.C.
§ 1983 and concerns the redress of the deprivation of
rights provided for by the Constitution of the United States.
The Court's jurisdiction is also founded upon 28 U.S.C.
§ 1331 because this action arises under a federal
statute and concerns a federal question. The existence of
subject matter jurisdiction is not contested.
following facts are not disputed:
1. Plaintiff was, and is an inmate at Menard Correctional
Center continuously from 2012 to the present.
2. Dr. Nwaobasi was a doctor at Menard Correctional Center
from May 4, 2009 to August 2014.
3. Dr. Trost was a Medical Director at Menard Correctional
Center from November 25, 2013 to March 17, 2017.
4. Alex Jones is the Acting Warden of Menard Correctional
Center and is sued in his official capacity only for the
purpose of implementing injunctive relief, if ordered.
Parties request the Court to convey the facts to the Jury.
Whether Defendants were deliberately indifferent to
Plaintiff's medical needs.
AGREED TO ISSUES OF LAW
parties have not identified any agreed to issues of law.
intends to call the following witnesses:
1. Ronald Burt
2. John Trost, M.D.
3. Sam Nwoabasi, M.D.
4. Roderick Matticks D.O.
5. Nickolas Little
6. Rick Harrington
7. Frank Petkovich, M.D.
8. Jacqueline Lashbrook
may call the following witnesses:
1. Angela Crain
2. Lakeisha ...