Case: Lippert v. Godinez

1:10-cv-04603 | U.S. District Court for the Northern District of Illinois

Filed Date: July 23, 2010

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Case Summary

On July 23, 2010, a prisoner at Stateville Correction Center filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued Wexford Health Services and the Illinois Department of Corrections under 42 U.S.C. § 1983. The plaintiff, representing himself pro se, asked the court for monetary damages and injunctive relief. The plaintiff claimed that the defendants were deliberately indifferent to his medical needs resulting from Type 1 Diabetes, violating Stateville Correction Center's medical policy and depriving the plaintiff of his rights under the Eighth Amendment. Later in an amended complaint, the plaintiffs requested class certification and cited chronic understaffing as a root cause of the systemic problems with medical care, and alleged that when prisoners were seen by clinicians, the care was substandard. The case was assigned to Judge Ruben Castillo. On August 10, 2010, the court appointed private counsel to represent the plaintiff, and on November 10, the plaintiff filed a first amended complaint.

On October 7, 2011, the plaintiffs submitted a second amended complaint with counsel from Uptown People's Law Center joining the case. The plaintiffs sought class certification for a class of all people who were or will be confined in Illinois adult correctional centers that had not received adequate medical treatment due to misconduct of Wexford or its staff. The complaint included two subclasses: first for those who required but were not receiving a medically necessary diet, and second for those who were not receiving prescribed medical treatment in a timely manner. The complaint also added claims for violations of Illinois state law, including the state fraud and deceptive trade practices act and breach of contract.

On January 9, 2012, the defendants filed motions to dismiss all counts against them. They claimed that the plaintiffs presented a "mishmash" of claims against unrelated defendants, that the plaintiffs class claims were overbroad, and that sovereign immunity protected the defendants from suit on the claims under state law. In December 2011, the case had been referred to Judge Morton Denlow for settlement conferences. But in light of the motion to dismiss, the parties indicated they were no longer interested in settlement until the issue of class certification had been decided.

After acquiring multiple extensions for time and compelling discovery from the defendants, on October 31, 2012, plaintiffs filed a third amendment complaint. They requested certification of a new class of all present and future prisoners in the custody of the Illinois Department of Corrections. Moreover, they cited Wexford's private contract for flat payment to provide medical care for the entire Illinois prison population as the company's economic incentive to take short cuts on medical care. The plaintiffs removed the state law claims, leaving only the class-wide and individual claims of deliberate indifference under § 1983. By this complaint, the Roger Baldwin Foundation of the ACLU had joined as counsel for the plaintiffs.

On December 20, 2012, defendants filed another motion to dismiss all counts for failure to comply with the PLRA. That same day, the parties filed an agreement to assure compliance with HIPAA. On January 10, 2013, the court denied the motion in open court without an order or opinion. Subsequently, the parties began settlement discussions. But in October 2013, the case was reassigned to Judge Sarah Ellis, which vacated all of the previously set dates to confer and hearings on discovery issues.

In November 2013, the parties agreed to appoint an independent medical expert to evaluate the constitutionality of the medical care provided in the Illinois correctional system. On December 18, the plaintiffs voluntarily dismissed the class-wide claims against Wexford without prejudice, leaving remaining claims against individual officers. In June and July 2014, the expert completed site visits.

While waiting for the expert's reports, the defendants moved for summary judgment. In January 2015, the case was again reassigned to Judge Jorge Luis Alonso. In March 2015, the parties were unable to reach a settlement after multiple conferences.

On May 19, 2015, the court-appointed expert's final report was filed with the court, describing that the health care program for prisoners in the State of Illinois was not meeting the minimal constitutional standard. On June 16, 2015, the court denied the defendants' motion for summary judgement. The court found that a reasonable fact-finder could conclude that the defendants acted with deliberate indifference toward the plaintiff's serious medical needs—in particular when the defendants knew that the plaintiff was an insulin-dependent diabetic but still ignored his requests for insulin (in one case, while the plaintiff was lying on the floor of his cell). 2015 WL 3777551. One of the defendants requested reconsideration of the decision, which the court subsequently denied in August.

On December 7, 2015, plaintiffs filed a Fourth Amendment complaint, requested to bifurcate class claims from individual claims, and filed a new motion to certify class. The new alleged class was all prisoners in the custody of the Illinois Department of Corrections (IDOC) with serious medical or dental needs. On January 19, 2016, the court denied the plaintiffs' request to bifurcate the claims.

On April 18, 2016, a plaintiff in another case about Wexford's medical care services filed to relate to this case (Everett v. Hardy, Docket No. 1:13-cv-04697). But because that case had been ongoing for three years, Judge Alonso denied the motion to relate the cases. The parties continued discovery as they waited on the court's decision as to class certification.

On January 26, 2017, the court held a hearing on the motion to certify the class, and granted the motion on April 28, 2017. The court certified an injunctive relief class of all prisoners in the custody of the Illinois Department of Corrections with serious medical or dental needs. 2017 WL 1545672. In July, the individual plaintiff again requested to bifurcate his claims from the class claim, which the court this time granted. In August, the defendants and the individual plaintiff reached a private settlement. On March 24, 2017, the plaintiff dismissed the individual damages claims, which dismissed a handful of named defendants with prejudice.

In December 2017, the court appointed another expert to determine whether any of the systemic deficiencies identified in the first expert’s report from 2014 existed within IDOC. Throughout 2018, the parties continued to vigorously litigate discovery issues, including motions for sanctions against the defendants. In the fall of 2018, the parties began submitting pretrial motions and documents, as well as settlement conferences.

On November 14, 2018, the second expert filed a report with the court. The expert found that overall, conditions had not improved since the first expert's report. Staff vacancies continued to be high and Wexford had not hired credentialed physicians, in both the medical and dental departments. And outdated systems like paper filings contributed to substandard care, in addition to poorly sanitized clinical areas. On November 16, 2018, the plaintiffs submitted proposed findings of fact and conclusions of law to the court.

On December 6, 2018, the plaintiffs requested a preliminary injunction to create a staffing plan with the expert. But on January 3, the parties filed a joint motion for approval of a class action settlement and consent decree (mooting the motion for preliminary injunction). The settlement included provisions for minimum qualifications for staff and employ new healthcare administrators. The defendants also agreed to provide sanitary clinical spaces and to revise and improve the dental program. The settlement also appointed a monitor to implement and oversee the staffing plan. The defendants also agreed to provide detailed reports to the monitor and to plaintiffs' counsel every six months for the first two years, and then every year thereafter. The court would retain jurisdiction over the agreement for a minimum of three years and a maximum of ten years after its approval.

Hundreds of class members subsequently filed objections to the settlement with the court. On March 29, 2019, the court appointed a third-party monitor. On May 9, the court approval the final consent decree.

On November 24, 2019, the expert drafted the first report per the decree's terms, which was filed with the court in January 2019. Reporting and compliance with the decree is ongoing.

At the onset of the COVID-19 pandemic, plaintiffs sought court intervention to address health and safety concerns. On May 22, 2020, plaintiffs filed a motion to appoint an expert to perform analysis of the COVID-19 outbreak at Stateville Correctional Center. Individual plaintiffs within the class filed motions for individualized relief over the first year of the pandemic from June 2020 to March 2021. The court denied each of these motions for raising individualized issues beyond the scope of the class-wide injunctive relief specified by the consent decree.

In addition to requesting an expert to analyze the COVID-19 outbreak at Stateville, on November 20, 2020 plaintiffs filed a motion ordering the prison to implement an employee COVID-19 testing program and to require all staff to wear masks. On December 7, 2020, Judge Jorge L. Alonso granted plaintiffs' motion, ordering that in addition to the testing and mask wearing protocols the defendants were required to report on their progress by December 17, 2021.

Defendants resisted implementing the testing and mask wearing program and on January 6, 2021 filed a motion opposing the program. Judge Alonso denied defendants' motion and ordered the parties to meet and negotiate a workable program together. Defendants remained non-compliant throughout the summer months which plaintiffs brought to the attention of the court through an omnibus motion to enforce filed on June 15, 2021 as well as a motion addressing on-going lack of adequate medical care filed on July 22, 2021. On October 5, 2021, the court granted an omnibus motion to enforce, ordering defendants to file their implementation plan with the court by November 10, 2021. Defendants ultimately filed their implementation plan on December 31, 2021.

After reviewing the proposed implementation plan, plaintiffs filed a motion to amend the time limit provision of the original consent decree on March 28, 2022. The consent decree originally stipulated that it and the underlying case would terminate on May 9, 2022 unless the court determined defendants were not in substantial compliance with the decree. The proposed amendment, which the court approved on March 30, 2022, extended the decree until May 9, 2024.

Once the implementation plan was eventually entered on May 31, 2022, plaintiffs moved for a finding of contempt against defendants for failing to provide specific, actionable steps in the implementation plan on June 22. After first directing defendants to amend their implementation plan as required by the consent decree, on August 5, 2022, Judge Alonso granted plaintiffs' motion for contempt in part, finding defendants in contempt for failing to complete the implementation plan as required by the consent decree and for failing to comply with the court's previous orders.

On July 31, 2023, the parties jointly submitted a revised implementation plan, which the court approved the following day. The implementation plan detailed changes to the leadership structure of the Office of Health Services (OHS). In addition, OHS agreed to institute various structural changes, such as implementing an electronic medical record; developing health care policies and procedures to comply with the consent decree; creating an audit function; hiring a consultant to assess the physical clinical space, equipment, and deficiencies; hiring sufficient staff; hiring a consultant to determine the needs of elderly inmates and those with disabilities; and creating an infection control program.


1:10-cv-04603	Docket [PACER] Lippert v. Ghosh	Jan. 13, 2020	Jan. 13, 2020 Docket
1 1:10-cv-04603	Complaint Lippert v. Ghosh	July 23, 2010	July 23, 2010 Complaint
10 1:10-cv-04603	First Amended Complaint Lippert v. Ghosh	Nov. 10, 2010	Nov. 10, 2010 Complaint
39 1:10-cv-04603	Second Amended Complaint	Oct. 7, 2011	Oct. 7, 2011 Complaint
90 1:10-cv-04603	MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS	Jan. 9, 2012	Jan. 9, 2012 Pleading / Motion / Brief
97 1:10-cv-04603	Motion to Dismiss	Jan. 9, 2012	Jan. 9, 2012 Pleading / Motion / Brief
146 1:10-cv-04603	Third Amended Complaint	Oct. 31, 2012	Oct. 31, 2012 Complaint
163 1:10-cv-04603	Defendants Wexford Health Sources, Inc. and Athena Rossiter's Motion to Dismiss Plaintiff's Third Amended Complaint	Dec. 20, 2012	Dec. 20, 2012 Pleading / Motion / Brief
166 1:10-cv-04603	Agreed HIPAA Qualified Compliance Order	Dec. 20, 2012	Dec. 20, 2012 Order/Opinion
1:10-cv-04603	Final Report of the Court Appointed Expert	May 19, 2015	May 19, 2015 Monitor/Expert/Receiver Report

ECF Number	Date	Description	Link
1	July 23, 2010	COMPLAINT filed and seven copies by Don Lippert. (Exhibit) (lp, ) (Envelope postmarked 7/20/10) Modified on 7/29/2010 (aew, ). (Entered: 07/26/2010)	RECAP
2	July 23, 2010	CIVIL Cover Sheet. (lp, ) (Entered: 07/26/2010)	RECAP
3	July 23, 2010	JURY Demand. (lp, ) (Entered: 07/26/2010)	RECAP
5	Aug. 10, 2010	MINUTE entry before Honorable Ruben Castillo: Plaintiff has paid the $350 filing fee and may proceed with his complaint against the Defendants. Summonses, however, shall not yet issue. On its own motion, the Court appoints Jason Patrick Stiehl, Seyfarth Shaw, LLP 131 South Dearborn Street, Suite 2400, Chicago, IL 60603, tel: (312) 460-5000, to represent Plaintiff in accordance with counsel's trial bar obligation under N.D. Ill. Local Rule 83.11(g). Within 30 days of the date of this order, counsel shall enter an appearance and inform the Court whether he intends to proceed with the complaint or file an amended complaint. The clerk shall send a copy of this order and the complaint to counsel. (For further details see minute order). Mailed notice. (jj, ) (Entered: 08/11/2010)	RECAP
	Aug. 11, 2010	mailed
	Aug. 11, 2010	MAILED a copy of the minute order dated 8/10/10 and the complaint to counsel. (jj, )
6	Aug. 13, 2010	ATTORNEY Appearance for Plaintiff Don Lippert by Jason Patrick Stiehl (Stiehl, Jason) (Entered: 08/13/2010)	RECAP
7	Sept. 9, 2010	MOTION by Plaintiff Don Lippert for extension of time to amend Complaint (Stiehl, Jason) (Entered: 09/09/2010)	RECAP
8	Sept. 9, 2010	NOTICE of Motion by Jason Patrick Stiehl for presentment of motion for extension of time to amend 7 before Honorable Ruben Castillo on 9/21/2010 at 09:45 AM. (Stiehl, Jason) (Entered: 09/09/2010)	RECAP
9	Sept. 10, 2010	MINUTE entry before Honorable Ruben Castillo:Plaintiff's appointed counsel has informed the Court that an amended complaint is appropriate. Plaintiff's motion for extension of time to file an amended complaint 7 is granted. The Court will give plaintiff's appointed counsel until 11/10/2010 to file an amended complaint. Plaintiff's counsel should also exhaust all settlement possibilities with the defendants. In the meantime, the current pro se complaint is dismissed without prejudice to the filing of the amended complaint. Motion hearing set for 9/21/2010 is vacated.Mailed notice (rao, ) (Entered: 09/10/2010)	RECAP
10	Nov. 10, 2010	AMENDED complaint by Don Lippert against All Defendants (Attachments: # 1 Exhibit A: Medical Progress Notes, # 2 Exhibit B: May 7 2001 Letter, # 3 Exhibit C: Grievance Officer Report, # 4 Exhibit D: July 2 2004 Letter to Walker, # 5 Exhibit E: February 8 2005 Diet Policy, # 6 Exhibit F: April 20 2008 Grievance, # 7 Exhibit G: Ssenfuma Report, # 8 Exhibit H: Grievance Report, # 9 Exhibit I: IDOC Report)(Stiehl, Jason) (Entered: 11/10/2010) 1 Exhibit A: Medical Progress Notes View on PACER 2 Exhibit B: May 7 2001 Letter View on PACER 3 Exhibit C: Grievance Officer Report View on PACER 4 Exhibit D: July 2 2004 Letter to Walker View on PACER 5 Exhibit E: February 8 2005 Diet Policy View on PACER 6 Exhibit F: April 20 2008 Grievance View on PACER 7 Exhibit G: Ssenfuma Report View on PACER 8 Exhibit H: Grievance Report View on PACER 9 Exhibit I: IDOC Report View on PACER	RECAP
11	Nov. 29, 2010	MINUTE entry before Honorable Ruben Castillo:Parties to file a joint status report on or before 1/7/2011. Status hearing set for 1/13/2011 at 9:45 AM.Mailed notice (rao, ) (Entered: 11/29/2010)	RECAP
	Nov. 30, 2010	summons issued
	Nov. 30, 2010	SUMMONS Issued as to Defendants Willard Elyea, Melody Ford, Tammy Garcia, Partha Ghosh, Terry McCann, Joseph SsEnfuma, Quentin Tanner, Roger Walker (emd, )
12	Dec. 9, 2010	SUMMONS Returned Executed by Don Lippert as to Tammy Garcia on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)	RECAP
13	Dec. 9, 2010	SUMMONS Returned Executed by Don Lippert as to Partha Ghosh on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)	RECAP
14	Dec. 9, 2010	SUMMONS Returned Executed by Don Lippert as to Terry McCann on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)	RECAP
15	Dec. 9, 2010	SUMMONS Returned Executed by Don Lippert as to Quentin Tanner on 12/3/2010, answer due 12/27/2010. (Stiehl, Jason) (Entered: 12/09/2010)	RECAP
16	Dec. 15, 2010	SUMMONS Returned Executed by Don Lippert as to Joseph SsEnfuma on 12/10/2010, answer due 1/3/2011. (Stiehl, Jason) (Entered: 12/15/2010)	RECAP
17	Dec. 29, 2010	SUMMONS Returned Unexecuted by Don Lippert as to Melody Ford. (Stiehl, Jason) (Entered: 12/29/2010)	RECAP
18	Dec. 29, 2010	SUMMONS Returned Executed by Don Lippert as to Roger Walker on 12/15/2010, answer due 1/5/2011. (Stiehl, Jason) (Entered: 12/29/2010)	RECAP
19	Jan. 7, 2011	ATTORNEY Appearance for Defendants Partha Ghosh, Joseph SsEnfuma by Richard A. Tjepkema (Tjepkema, Richard) (Entered: 01/07/2011)	RECAP
20	Jan. 7, 2011	STATUS Report Joint Status Report by Partha Ghosh, Don Lippert, Joseph SsEnfuma (Stiehl, Jason) (Entered: 01/07/2011)	RECAP
21	Jan. 13, 2011	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 1/13/2011. The Court will hold a settlement conference in chambers on 2/23/2011 at 12:30 PM. Clients with settlement authority are directed to appear or be available by telephone. Defendants' counsel is directed to work with the prison officials to have Plaintiff available by telephone. Defendants do not have to answer or otherwise plead to the amended complaint until further court order.Mailed notice (rao, ) (Entered: 01/13/2011)	RECAP
22	Jan. 13, 2011	ATTORNEY Appearance for Defendant Roger Walker by Saira Janine Alikhan (Alikhan, Saira) (Entered: 01/13/2011)	RECAP
23	Jan. 13, 2011	ATTORNEY Appearance for Defendant Roger Walker by Agnes A Ptasznik (Ptasznik, Agnes) (Entered: 01/13/2011)	RECAP
24	Jan. 18, 2011	MOTION by Defendant Roger Walker for extension of time (Ptasznik, Agnes) (Entered: 01/18/2011)	RECAP
25	Jan. 18, 2011	NOTICE of Motion by Agnes A Ptasznik for presentment of extension of time 24 before Honorable Ruben Castillo on 2/23/2011 at 12:30 PM. (Ptasznik, Agnes) (Entered: 01/18/2011)	RECAP
26	Jan. 25, 2011	MINUTE entry before Honorable Ruben Castillo:Defendant's motion to enlarge 24 is granted. Defendants to answer or otherwise plead to the amended complaint on or before 3/16/2011.Mailed notice (rao, ) (Entered: 01/25/2011)	RECAP
27	Jan. 27, 2011	MINUTE entry before Honorable Ruben Castillo:The settlement conference set for 2/23/2011 will begin at 2:00 PM.Mailed notice (rao, ) (Entered: 01/27/2011)	RECAP
28	Feb. 17, 2011	ATTORNEY Appearance for Defendants Tammy Garcia, Quentin Tanner by Agnes A Ptasznik (Ptasznik, Agnes) (Entered: 02/17/2011)	RECAP
31	Feb. 18, 2011	WAIVER OF SERVICE returned executed by Don Lippert. (ma, ) (Entered: 02/23/2011)	RECAP
32	Feb. 18, 2011	WAIVER OF SERVICE returned executed by Don Lippert. Tammy Garcia waiver sent on 12/15/2010, answer due 2/14/2011. (ma, ) (Entered: 02/23/2011)	RECAP
33	Feb. 18, 2011	WAIVER OF SERVICE returned executed by Don Lippert. Quentin Tanner waiver sent on 12/15/2010, answer due 2/14/2011. (ma, ) (Entered: 02/23/2011)	RECAP
34	Feb. 18, 2011	WAIVER OF SERVICE returned executed by Don Lippert. Terry McCann waiver sent on 12/6/2010, answer due 2/4/2011. (ma, ) (Entered: 02/23/2011)	RECAP
35	Feb. 18, 2011	LETTER from Lora Haven dated January 20, 2011. (ma, ) (Entered: 02/23/2011)	RECAP
29	Feb. 21, 2011	ATTORNEY Appearance for Defendant Partha Ghosh by John J. Beribak (Beribak, John) (Entered: 02/21/2011)	RECAP
30	Feb. 21, 2011	ATTORNEY Appearance for Defendant Partha Ghosh by Michael John Charysh (Charysh, Michael) (Entered: 02/21/2011)	RECAP
36	Feb. 23, 2011	MINUTE entry before Honorable Ruben Castillo:Settlement conference held in chambers on 2/23/2011. The Court requests the defendants to quickly evaluate the Court's settlement proposal of a non-monetary transfer to the Dixon Correctional Center given Plaintiff's prior litigation history. The Court is also concerned that Plaintiff's prior settlement agreement bars his present complaint. Therefore, the current pending complaint will be dismissed without prejudice to the filing of an amended complaint which contains factual allegations which post-date Plaintiff's settlement agreement. The parties should notify the Court if this case is settled.Mailed notice (rao, ) (Entered: 02/23/2011)	RECAP
37	Feb. 24, 2011	SUMMONS Returned Unexecuted by Don Lippert as to Willard Elyea. (Stiehl, Jason) (Entered: 02/24/2011)	RECAP

Case: Lippert v. Godinez

1:10-cv-04603 | U.S. District Court for the Northern District of Illinois

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