United States District Court, C.D. Illinois, Peoria Division
DONNA HOGLE, as Administrator of the Estate of Patrick A. Regan, Deceased, Plaintiff,
JOHN BALDWIN, Illinois Department of Corrections Director, MELVIN HINTON, WEXFORD HEALTH SOURCES, INC., GUY PIERCE, Pontiac Correctional Center Warden, LINDA DUCKWORTH, STEPHEN LANTERMAN, KELLY HAAG, REZWAN KAHN, UNKNOWN EMPLOYEES OF ILLINOIS DEPARTMENT OF CORRECTIONS, UNKNOWN MEDICAL DIRECTOR OF PONTIAC CORRECTIONAL CENTER Respondents.
ORDER & OPINION
BILLY McDADE, United States Senior District Judge
matter is before the Court on Defendants' Motions to
Dismiss. (Docs. 7, 13). For the reasons explained below,
Defendants John Baldwin, Melvin Hinton, and Guy Pierce's
Partial Motion to Dismiss (Doc. 7) is granted. Defendants
Kelly Haag, Linda Duckworth, Stephen Lanterman, Dr. Rezwan
Kahn, and Wexford Health Sources, Inc.'s Motion to
Dismiss (Doc. 13) is granted. Plaintiff has twenty-one days
to file a second amended complaint to cure the deficiencies
an inmate in the custody of Pontiac Correctional Center
(“Pontiac”) located in Pontiac, Illinois, Patrick
A. Regan hanged himself in his cell on February 10, 2016.
(Doc. 2, ¶ 37). Regan had previously been diagnosed with
Post Traumatic Stress Disorder (“PTSD”), Bipolar
Disorder, General Anxiety Disorder, Depression, and
Borderline Personality Disorder. Id. at ¶2.
Regan had been transferred between numerous facilities,
including DeKalb County Jail (“DeKalb”), Vienna
Correctional Center (“Vienna”), and Pinckneyville
Correctional Center (“Pinckneyville”), before
arriving at Pontiac on July 1, 2015. Id. at
¶¶31-35. While housed at Vienna, Pinckneyville, and
Pontiac, Regan was seeing psychiatrists, attending therapy,
and he was prescribed various psychotropic medications.
Id. at ¶36. Regan had previously attempted
suicide by hanging at DeKalb. Id. at ¶31.
at Pontiac, Regan insisted he remain in a cell alone because
he feared for himself in that he might harm himself and his
cellmates in response to his PTSD triggers. Id. at
¶¶5-6. Prior to the fateful day of February 10,
2016, Regan had not been seen by medical staff in eleven
days. Id. at ¶37. Between January 23, 2016, and
January 30, 2016, Regan met with four of the defendants, all
of whom are employed by Wexford Health Sources, Inc.
(“Wexford”): clinical social worker Kelly Haag,
nurse Linda Duckworth, clinical social worker Stephen
Lanterman, and Dr. Rezwan Kahn (collectively referred to as
the “Medical Defendants”). Id. at
¶40. On January 23, 2016, Haag recommended that Regan
remain on a ten-minute watch due to potential for self-harm.
Id. at ¶41. The following day, Duckworth
recommended that Regan be placed on fifteen-minute watches.
Id. at ¶42. On January 25, 2016, Lanterman
recommended that Regan be taken off crisis watch, with
seven-day mental health professional and medical doctor
follow-ups. Id. at ¶43. On January 30, 2016,
Regan was seen by Dr. Kahn, prescribed psychotropic
medications, and no follow-up sessions were scheduled before
Regan took his life on February 10th. Id.
February 6, 2017, Plaintiff filed an eleven-count complaint
against the Defendants. Counts I-IV allege violations of the
Fourteenth Amendment under 42 U.S.C. § 1983 against
Illinois Department of Corrections (the “IDOC”)
Director, John Baldwin, Chief of Mental Health Services for
the IDOC, Melvin Hinton, Unknown Medical Director of Pontiac,
Wexford, the Medical Defendants, Warden of Pontiac, Guy
Pierce, and Other Unknown Employees of the IDOC for failing
to (1) supervise Regan, (2) provide him with needed medical
care, and (3) assess and treat Regan's mental health
issues in a timely manner. (Doc. 2 at 13-23). Counts V-VII
allege violations of Title II of the Americans with
Disabilities Act (“ADA”), 42 U.S.C.
§§12131-12134, and the Rehabilitation Act, against
Baldwin, Hinton, Unknown Medical Director of Pontiac, and
Wexford for failing and refusing to accommodate Regan's
medical and mental health disabilities. Id. at
23-30. Count VIII alleges that Wexford is liable for damages
under Monell v. Department of Social Services of City of
New York, 436 U.S. 658 (1978), for failing to establish
and/or implement policies, practices, and procedures to
ensure that Pontiac inmates received appropriate medical
care. Id. at 31-32. Counts IX-XI allege wrongful
death claims under Illinois law against Baldwin, Hinton,
Unknown Medical Director of Pontiac, and Wexford.
Id. at 32-37.
March 9, 2017, Defendants Baldwin, Hinton, and Pierce
(collectively the “Correctional Defendants”)
filed a Partial Motion to Dismiss. (Doc. 7). Their arguments
are threefold: (1) Pierce and Baldwin are entitled to
Eleventh Amendment sovereign immunity from damages under
§1983 in their official capacities; (2) Plaintiff is not
entitled to relief under the ADA or the Rehabilitation Act
from Hinton in his individual capacity; and (3) this Court
lacks jurisdiction over Plaintiff's wrongful death claim
against Baldwin because the Illinois Court of Claims
possesses exclusive jurisdiction over that claim. (Doc. 8).
April 3, 2017, the Medical Defendants and Wexford filed a
Motion to Dismiss, (Doc. 13), arguing that Plaintiff fails to
state a claim under the Fourteenth Amendment against all
Defendants, and that she fails to state a claim for wrongful
death or under the ADA and Monell against Wexford.
(Doc. 14). The Medical Defendants and Wexford also argue that
Plaintiff is improperly attempting to hold Wexford
vicariously liable for the conduct of its employees.
Id. at 5.
has responded to both motions and they are ready for
decision. (Docs. 18, 20).
ruling on a motion to dismiss for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6),
“the court must treat all well-pleaded allegations as
true and draw all inferences in favor of the non-moving
party.” In re march FIRST Inc., 589 F.3d 901,
904 (7th Cir. 2009). The complaint must contain “a
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2).
Furthermore, the complaint must “give the defendant
fair notice of what the . . . claim is and the grounds upon
which it rests.” Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007).
survive a motion to dismiss, a plaintiff's complaint must
contain sufficient detail to give notice of the claim, and
the allegations must “plausibly suggest that the
plaintiff has a right to relief, raising that possibility
above a ‘speculative level.'” EEOC v.
Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th
Cir. 2007) (quoting Twombly, 550 U.S. at 555). The
plausibility standard requires enough facts to “present
a story that holds together, ” but does not require a
determination of probability. Swanson v. Citibank,
N.A., 614 F.3d 400, 404 (7th Cir. 2010). Though detailed
factual allegations are not needed, a “formulaic
recitation of the elements of a cause of action will not
do.” Twombly, 550 U.S. at 555.
Plaintiff's § 1983 Claims Pursuant to the Fourteenth
Amendment Against Various Defendants
the Court are two separate motions: a partial motion to
dismiss filed by the Correctional Defendants and a motion to
dismiss filed by the Medical Defendants and Wexford. While
the Court intends to analyze each motion separately below,
there is one issue that is applicable to both the
Correctional Defendants and Wexford that the Court will
I-IV of Plaintiff's amended complaint bring causes of
action under 42 U.S.C. § 1983 pursuant to the Fourteenth
Amendment against Baldwin, Hinton, Unknown Medical Director
of Pontiac, Wexford, Pierce, and Other Unknown Employees of
the IDOC. Count VIII also seeks damages under Monell
against Wexford for alleged Fourteenth Amendment violations.
A pre-trial detainee's constitutional right to adequate
medical care derives from the Fourteenth Amendment, while the
same right for a convicted prisoner derives from the Eighth
Amendment. See Smith v. Dart, 803 F.3d 304, 310 (7th
Cir. 2015). At all relevant times, Regan was a convicted
prisoner serving a three-year sentence with the IDOC. (Doc.
2, ¶ 32). Therefore, Regan's constitutional right to
receive adequate medical treatment while incarcerated derives
from the Eighth Amendment.
concedes that she mistakenly pleaded her § 1983 claims
under the Fourteenth Amendment rather than the Eighth
Amendment. Because these deficiencies can be cured, Plaintiff
is granted twenty-one days to file a second amended complaint
curing her deficiencies.
The Correctional Defendants' Partial Motion to
Correctional Defendants argue that (1) Pierce and Baldwin are
entitled to Eleventh Amendment sovereign immunity from
damages under § 1983 in their official capacities; (2)
Plaintiff is not entitled to relief under the ADA or the
Rehabilitation Act from Hinton in his individual capacity;
and (3) this Court lacks jurisdiction over Plaintiff's
wrongful death claim against Baldwin because the Illinois
Court of Claims possesses exclusive jurisdiction over that
claim. (Doc. 8). The Court will address each argument in
Baldwin and Pierce Are Entitled to Eleventh Amendment