E-FILED
` Monday, 29 September, 2008 05:01:45 PM
` Clerk, U.S. District Court, ILCD
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF ILLINOIS
`
`FI
`
`JEFFREY ORR, CHARLES B. PALMER,
`)
`)
`DAVID DICKSON, HAROLD HIGGENS,
`SCOTT PADRICK, DUSTIN L. COLLINS,
`)
`)
`CHANSOUK HAKSASILA, SERAFIN FLORES
`)
`MIQUEL SANTOS, RODNEY GRAVES,
`)
`PAUL CARTER, WADE LESHER, STURGIS
`)
`JONES, TERRY REEVES, ROBERT QUINN,
`)
`DAVID WORKMAN, EUGENE SMOLA,
`NANCY GRAY, JOHN L. MARKIEWICZ,
`)
`)
`DONALD DAWSON, ALLEN PETERS,
`)
`JEFF HAMMER, CHRISTOPHER FOGARTY,
`)
`ROBERT GARRETT, KENNETH BAUZA,
`)
`CLAYTON ROCKMAN, WENDELL ROSS,
`)
`MICHAEL D. SMITH, KEVIN DEAN,
`)
`MICHAEL MONTGOMERY, RONNIE
`JOHNSON, DENNIS HARADON, LAWRENCE )
`NAPUE, MICHAEL D. ROY, KENT L. FIELDS,
`)
`JAY C. FRAME, GREGORY THOMPSON,
`)
`QUINTEN B. SMITH, BRAD CREASON,
`)
`CHASE COPELEN, KEVIN TAYLOR,
`)
`JON KENT ROBERTS, JOHN SMALL,
`)
`GREG BASHARES, MICHAEL E. DENNING,
`)
`MICHAEL SHEEHAN, BRIAN LEE WILSON,
`)
`JOHN BERNARD LATHON, DANIEL BAXTER, )
`VICENTE DIAZ, JR., TERRENCE LEE,
`)
`DONALD R. RUTHERFORD, LEWIS C. HENRY,)
`TERRY DIBBLE, JAMES HART, JAMES
`)
`DeBARBARA, GARY L. DAILY, LAWRENCE
`)
`MOYE', NORMAN BELL, LUIS REYES,
`)
`DEBRA BLANCHARD, VITO BASILE,
`)
`EDWARD B. FRANCO, FORREST SANDERS,
`)
`CORNELIUS B. LEWIS, CLARENCE R. JONES, )
`FERNANDO HERNANDEZ, JAMES BOURQUE, )
`TIMOTHY GIANCANA, ERNESTO PEREZ,
`)
`EUGENE SPAGNOLA, ERIC ZIKE,
`)
`LaVERTIS STEWART, KELLY RAY HART,
`)
`and RONNIE F. STOOKEY-ORTIZ,
`
`) )
`
`))
`
`Plaintiffs,
`
`

`

`No. 08-
`
`) ) ) ) ) )
`
`-vs.-
`
`WILLARD O. ELYEA, M.D.,
`MICHAEL PRUISIS, and WEXFORD CORP.,
`
`Defendants.
`
`COMPLAINT
`
`JURISDICTIONAL STATEMENT
`
`Plaintiffs are all inmates or former inmates of the Illinois Department of Corrections.
`
`Plaintiffs' civil rights were violated in contravention of 42 U.S.C. §1983 because the Defendants
`
`were deliberately indifferent to Plaintiffs' medical condition in that inmates did not receive needed
`
`medical treatment for Hepatitis C. As further set forth in this Complaint, Plaintiffs have exhausted
`
`all administrative remedies.
`
`This action arises under the Eighth and Fourteenth Amendments to the United States
`
`Constitution and 42 U.S.C. § 1983. Jurisdiction is invoked pursuant to 28 U.S.C.§§ 1331 and
`
`1343(a). This Court has jurisdiction over the Plaintiff's request for declaratory and injunctive relief
`
`pursuant to 28 U.S.C.§§ 2201-2202.
`
`PARTIES
`
`1. The Plaintiffs are or were inmates at various Correctional Centers, prisons maintained by
`
`the Illinois Department of Corrections (hereinafter "IDOC") in Illinois.
`
`2. The Plaintiffs have all been diagnosed through blood work as carrying the hepatitis C
`
`VIruS.
`
`3. Defendant WILLARD O. ELYEA, M.D., was the Agency Medical Director ofIDOC, and
`
`-2-
`
`

`

`thus had primary responsibility for determining procedures within IDOC for the medical treatment
`
`of state inmates.
`
`In his professional capacity he was informed of Plaintiffs' complaints and
`
`grievances, and has taken no action thereupon. He personally adopted the policy which denied
`
`medical treatment to Plaintiffs.
`
`4. That Defendant Michael Pruisis succeeded Willard O. Elyea as Agency Medical Director,
`
`Illinois Department ofCorrections and he personally adopted and continued the policy promulgated
`
`by Defendant Elyea in refusing to give medical care to prisoners with Hepatitis C.
`
`5. That Wexford, Corp., by and through its agents and employees, conspired with and aided
`
`and abetted with the Defendants in implementing their policy and in the process ofdenying Plaintiffs
`
`their constitutional rights.
`
`6. Plaintiffs have exhausted all administrative remedies available to them. Further,
`
`Defendants have adopted a polity that all grievances in this matter are to be denied without
`
`consideration making further administrative efforts futile.
`
`FACTUAL CLAIMS
`
`7. Hepatitis C is a potentially fatal disease which if left untreated may cause cirrhosis, or
`
`destruction ofthe liver, may lead to liver cancer and causes other symptoms to those it afflicts, thus
`
`it poses a substantial risk of serious harm to Plaintiffs.
`
`8. Defendants know that Hepatitis C poses a substantial risk ofserious harm to the Plaintiffs.
`
`9. A highly effective chemical treatment program for Hepatitis C is available, which has
`
`been shown to reduce the effects of Hepatitis C, and even in some cases destroy it completely.
`
`10. Before initiating this chemical treatment, however, the usual clinical step is to refer the
`
`-3-
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`

`

`patient to a specialist to determine a geno-type ofthe virus, determine viral level, and perform a liver
`
`biopsy on a patient to determine whether a patient is a good candidate for chemical treatment.
`
`11. None of the Plaintiffs have received proper medical care for his or her Hepatitis C.
`
`12.
`
`IDOC, through Defendants, claims to follow the federal guidelines for treatment of
`
`Hepatitis C. They follow the provision for pretrial detainees.
`
`13. Plaintiffs were told that after a diagnosis for Hepatitis C based on blood work, inmates
`
`must wait one year before receiving a liver biopsy and beginning treatment. This requirement
`
`appears nowhere within the federal guidelines IDOC claims to follow.
`
`14. Treatment for Hepatitis C is more effective when it is begun early in the course of the
`
`disease. However, if treatment is postponed, adverse effects of the disease and the necessity of a
`
`liver transplant become much more likely. Liver transplants are painful, difficult to obtain, and result
`
`in a lower recovery rate than the chemical treatment available for the early stages of Hepatitis C
`
`infection.
`
`15. Defendants refuse to administer the Hepatitis C chemical treatment to Plaintiffs.
`
`16. By refusing to treat Plaintiffs for Hepatitis C, Defendants are deliberately indifferent to
`
`the substantial risk of serious harm faced by the Plaintiffs.
`
`17. Defendants' refusal to treat Plaintiffs for Hepatitis C is a willful and intentional
`
`deprivation meriting a punitive damage award against Defendants.
`
`18. Defendant' refusal to treat Plaintiffs for Hepatitis C is causing and continues to cause
`
`irreparable harm to Plaintiffs.
`
`19. Defendants'
`
`refusal
`
`to treat Plaintiffs for Hepatitis C IS causmg the Plaintiffs
`
`-4-
`
`

`

`compensable pain and suffering.
`
`WHEREFORE, Plaintiffs pray this court for injunctive relief in the form of an order to
`
`administer Hepatitis C treatment, follow federal guidelines in treating Hepatitis C including referral
`
`to a specialist and performing liver biopsies as soon as possible. Plaintiffs also pray for a declaration
`
`that Defendants are violating the rights ofPlaintiffs under the 8th and 14th Amendments to the United
`
`States Constitution. Plaintiffs also pray for their attorneys' fees pursuant to 42 U.S.c.§ 1988.
`
`Finally, Plaintiffs pray for damages from the Defendants in the sum of One Million Dollars
`
`($1,000,000.00) each for the pain and suffering they have had to endure as a result of Defendants'
`
`constitutional violations and One Million Dollars ($1 ,000,000.00) each in punitive damages together
`
`with their costs of this action.
`
`JEFFREY ORR, et ai, Plaintiffs
`
`Of Heller, Holmes & Associates, P.C.
`Their Attorneys
`
`JURY DEMAND
`
`Plaintiffs hereby demand trial by jury.
`
`JEFFREY ORR, et ai, Plaintiffs
`
`By_L{.~'i~j(L~.~~
`
`Of Heller, Holmes & Associates, P.c.
`Their Attorneys
`
`-5-
`
`

`

`H. KENT HELLER
`HELLER, HOLMES & ASSOCIATES, P.C.
`1101 Broadway Avenue
`P.O. Box 889
`Mattoon, IL 61938
`TEL: 217-235-2700
`FAX: 217-235-0743
`c:newprisoners.complaintlkjs09262008
`
`-6-
`
`

`

`JS44
`(Rev. 07/89)
`
`CIVil COVER SHEET
`
`The JS44 civil cover sheet and t~e information. contained herein ~either replace nor supplement the ~ilinqand service of pleadlngs.orothe.r papers as requi,re~ by law, ~.x~ept as provided by local
`rules of court, This form; approved by the Judicial Confer,ence,'Qf the United States in September, 1974', is required for the .~se'df the Clerk of Court for the purpose of initiating the civil docket
`sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`
`I (a) PLAINTIFFS
`
`Jeffrey Orr, et al~
`
`DEFENDANTS
`Willard o. Elyea, M.D., Michael
`Pruisis, and, Wexford Corp.
`
`(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
`,
`(EXCEPT IN U.S. PLAINTIFF CASES)
`Macon
`
`_
`
`COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT~
`(IN U.S. PLAINTIFF CASES ONLY) ,
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`TRACT OF LAND INVOLVED
`
`NOTE:
`
`_
`
`(c) ATIORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
`H. Kent Heller
`Heller, Holmes & Associates, P.C.
`P.O. Box 889, Mattoon,
`IL 61938
`
`ATIORNEYS (IF KNOWN)
`
`II. BASIS OF JURISDICTION
`o 1 U.S. Government
`Plaintiff
`o 2 U.S. Government
`Defendant
`
`Q[ 3 Federal Question
`(U.S. Government Not a Party)
`o 4 Diversity
`(Indicate Citizenship of
`Parties in Item III)
`
`(pLACE AN x IN ONE BOX ONLY)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES
`(PLACE AN x IN ONE BOX
`(For Diversity Cases Only)
`FOR PLAINTIFF ANO ONE BOX FOR OEFENDANT)
`
`Citizen of This State
`
`PTF DEF
`c¥1 ~ 1
`
`Citizen of Another State
`
`0 2 0 2
`
`Citizen or SUbject of a
`Foreign Country
`
`0 3 0 3
`
`Incorporated or Principal Place
`of Business in This State
`Incorporated and Principal Place
`of Business in Another State
`Foreign Nation
`
`PTF DEF
`04 04
`
`05 05
`
`06 06
`
`IV. CAUSE OF ACTION (CITE THE U.s. CIVIL STATUTE UNDER WHICH YOU ARE FlUNG ANO WRITE ABRIEF STATEMENT OF CAUSE.
`DO NOT CITE JURISDICTIONAL STATUTES UNLESS DiVERSITY)
`42 U.S.C. Section 1983
`
`.
`V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)
`CONTRACT
`TORTS
`0110 Insurance
`0120 Marine
`o 130 Miller Act
`o 140 Negoliable Instrument
`o 150 Recovery of Overpayment
`& Enforcement of
`Judgment
`o 151 Medicare Acl
`o 152 Recovery of Delaulted
`Student Loans
`(ExcL Veterans)
`o 153 Recovery of Overpayment
`of Veteran's Benefits
`o 160 Stockholders' Suils
`o 190 Other Contract
`o 195 Contract Product Liability
`REAL PROPeRTY
`o 210 Land Condemnation
`o 220 Foreclosure
`o 230 Rent Lease & Ejectment
`o 240 Torts 10 Land
`o 245 Tort Product Liability
`o 290 All Olher Real Property
`
`PERSONAL INJURY
`o 362 Personal lnjury-
`Mad Malpractice
`o 365 Personal Injury-
`Product Liability
`o 368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`o 370 Other. Fraud
`o 371 Trulh in Lending
`o 380 Olher Personal
`Property Damage
`o 385 Property Damage
`Product liability
`
`PRISONER PETITIONS
`o 510 Motions to Vacate
`Sentence
`Habeas Corpus:
`0530
`General
`0535
`Death Penalty
`o 540 Mandamus & Other
`0550 Other
`
`PERSONAL INJURY
`o 310 Airplane
`o 315 Airplana Product
`liability
`o 320 Assauft, Libel &
`Slander
`o 330' Federal Employers'
`Liability
`0340 Marine
`o 345 Marine Product
`Liability
`o 350 Motor Vehicle
`o 355 Motor Vehicle
`Product Liability
`o 360 Olher Personal
`Inlury
`
`CIVil RIGHTS
`0441 Voting
`o 442 Employment
`o 443 Housing/
`Accommodations
`o 444 Welfare
`Xl 440 ,Other Civil Rights
`
`FORFEITURE /PENALTY "
`b! 610 Agriculture
`o 620 Other Food & Drug
`o 625 Drug Reiated Seizure of
`Property 21 USC 881
`o 630 Liquor Laws
`0640 R.R & Truck
`o 650 Airline Regs
`o 660 Occur.ationai
`n
`Sa ety/Health
`690 Other
`LA80R
`o 710 Fair Labor Standards
`Aci
`o 720 Labor/Mgmt.
`Relations
`o 730 Labor/Mgmt.
`Reporting &
`Disclosure Act
`o 740 Railway Labor
`Act
`o 790 Other Labor'
`Litigation
`o 791 Empl. Ret. Inc.
`Security Act
`
`BANKRUPTCY
`0422 Appeal
`2B USC 158
`o 423 Wilhdrawal
`28 USC 157
`
`PROPERTY RIGHTS
`o 820 Copyrights
`0830 Patent
`o 840 Trademark
`SOCIAL SECURITY
`o 861 HIA (1395ff)
`o 862 Black Lung (923)
`0863 DIWC/DIWWI(405(g))
`o 864 SSID Title XVI
`o 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`o 870 Taxes (U.S. Plainliff
`or Defendant)
`0'871 IRS-Third Party
`26 USC 7609
`
`(PLACE AN x IN ONE BOX ONLY)
`o 3 Remanded from
`o 4 Reinstated or
`Appellate Court
`Reopened
`
`li
`f
`d f
`rans erre
`rom
`o 5 another district
`(specify)
`DEMAND $
`
`CHECK IF THIS IS A CLASS ACTION
`o UNDER F.R.C.P 23
`
`'1
`
`nT~ER STATUTES
`0400 State
`Reapportionment
`o 410 AntitNsl
`o 430 Banks and Banking
`o 450 Commerce/ICC Rates/et
`c,
`o 460 DePortation
`o 470 Racketeer Influenced and
`corrupt Organizations
`o B10 Selective Service
`o 850 Securilies/Commodities/
`Exchange
`o 875 Customer Chalienge
`12 USC 3410
`o 891 Agricultural Acts
`o 892 Economic Stabilization
`Act
`o 893 Environmental Matters
`o 894 Energy Allocation Act
`o 895 Freedom of
`Information Act
`o 900 Appeal of Fee Determinalio
`Under- Equal A~::cess to
`Justice
`o 950 Constitutionality of
`State Statutes
`o 890 Other Statutory
`Actions
`Appeal to Dlstnct
`o 7 ,Judge from
`Magistrate
`Judgment
`
`o 6 Multidistrict
`Litigation
`
`Check YES only If demanded In complaint:
`JURY DEMAND:
`)0 YES
`0 NO
`
`02 Removed from
`State Court
`
`VI. ORIGIN
`XJ 1 Original
`Proceeding
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE{S)
`IF ANY
`
`(See instru tl
`
`+I-+-__~_--,--~~DOCKET NUMBER 06:- 3034
`
`DATE
`9/29/08
`
`UNITED STATES DISTRICT COURT
`
`