Scott v Smith
RULE 16.3 PRETRIAL PROCEDURES IN PRISONER AND DETAINEE CASES
The following procedures apply to civil cases filed by prisoners and civil detainees proceeding pro se. For purposes of this section, a “prisoner” is a person defined in 28 U.S.C. § 1915(h). A “civil detainee” is a person held in detention or committed to civil law, including but not limited to persons detained or civilly committed pursuant to the Illinois Sexually Violent Persons Commitment Act, 725 ILCS 207/1 et seq., or the Illinois Sexually Dangerous Persons Act, 725 ILCS 205/0.01 et seq..
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Plaintiff Dennis Scott is a resident of Rushville Treatment and Detention Facility ("Rushville"). Plaintiff has been diagnosed with a medical condition that requires regular dialysis treatment. Typically, Plaintiff is scheduled to receive dialysis treatment on Monday, Wednesday, and Friday at 4 a.m. within the health care unit at Rushville. Plaintiff receives the treatment from Nurse Alice Ore ("Nurse Ore").
On Monday, March 25, 2013, inclement weather delayed Nurse Ore's arrival at Rushville. At approximately 8:00 a.m., Defendant Smith notified Plaintiff that Nurse Ore had arrived, and informed Plaintiff that he had ten (10) minutes to report for treatment. When Plaintiff arrived at the guard station, Defendant Smith refused to allow Plaintiff to leave the housing unit. Defendant Smith stated that Plaintiff had failed to report within ten (10) minutes of being called for treatment ("10-minute rule"). Therefore, Defendant Smith explained, Plaintiff would not be allowed to go to the health care unit. Plaintiff protested and informed Defendant Kerr, a supervisor on the day in question, that he was being denied his dialysis treatment. Defendant Kerr told Plaintiff that he would address Plaintiff's concerns when he returned from another unit. Defendant Kerr left the unit and never returned. Plaintiff did not receive dialysis treatment until Wednesday, March 27, 2013, five days after his previous treatment on Friday, March 22, 2013.
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The Eighth Amendment proscription against cruel and unusual punishment and the Due Process Clause of the Fourteenth Amendment prohibit the denial of medical treatment for*77serious medical needs to those incarcerated within the prison system. Farmer, 511 U.S. at 832. This right was clearly established on March 25, 2013. As discussed above, Plaintiff had a serious medical need that required treatment. A genuine issue of material fact exists as to whether the Defendants were deliberately indifferent to those needs, and the Court cannot say that the complete denial of treatment to Plaintiff on the day in question was reasonable and consistent with the protections of the Fourteenth Amendment. Therefore, Defendants are not entitled to qualified immunity.IT IS THEREFORE ORDERED that:
1) The Defendants' motion for summary judgment is denied pursuant to Federal Rule of Civil Procedure 56. [17].
2) A status hearing is scheduled for March 26, 2015 at 1:45 p.m. .
The Plaintiff shall appear by video conference and the Defendants' attorney(s) shall appear in person before the court sitting in Urbana, Illinois. The clerk is to issue a writ for the Plaintiff's participation in the video conference. ..Source..
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