Miller v. Vermilion County Sheriff's Office et al
Deea Miller |
Vermilion County Sheriff's Office, Colin Osterbur, Barbara Harbacek, John Doe Sheriff's Deputy 1, James Dewey, Crosspoint Human Services and John Doe Employees 1-3 |
2:2022cv02029 |
February 1, 2022 |
US District Court for the Central District of Illinois |
Sue E Myerscough |
Tom Schanzle-Haskins |
Prisoner Petitions - Prison Conditions |
28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
Both |
Docket Report
This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.
Document Text |
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TEXT ORDER entered by Judge Sue E. Myerscough on 3/18/2022. The motion to dismiss by Defendant Crosspoint is denied. #6 Defendant Crosspoint argues that Monell claims are viable only against municipalities, not private corporations. That argument is contrary to clearly established precedent holding that Monell claims can be pursued against private corporations who assume the state's duty to care for the mental health or medical needs of inmates. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 822 (7th Cir. 2009)(Monell framework applies to private corporations acting under color of state law; hospital that allegedly assumed ongoing duty to care for inmates was acting under color of state law). By April 15, 2022, the parties are directed to file an agreed scheduling order. (KB) |
Filing 10 RESPONSE to Motion re #6 MOTION to Dismiss Count XI Against Crosspoint Human Services filed by Plaintiff Deea Miller. (Raveendran, Bhavani) |
Filing 9 ANSWER to Complaint (Notice of Removal) DEFENDANT CROSSPOINT HUMAN SERVICES ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT AT LAW by Crosspoint Human Services.(Salsbury, Brent) |
Filing 8 ANSWER to Complaint (Notice of Removal) DEFENDANT JAMES DEWEYS ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT AT LAW by James Dewey.(Salsbury, Brent) |
Filing 7 ANSWER to Complaint (Notice of Removal) Defendant John Doe Crosspoint Employees 1-3's Answer to Plaintiff's 1st Amended Complaint at Law by John Doe Employees 1-3.(Salsbury, Brent) |
Filing 6 MOTION to Dismiss Count XI Against Crosspoint Human Services by Defendant Crosspoint Human Services. (Salsbury, Brent) |
Filing 5 ANSWER to Complaint AND AFFIRMATIVE DEFENSES Defendants Colin Osterbur, Barbara Harbacek and Vermilion County Sheriff's Office's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint at Law by Barbara Harbacek, Colin Osterbur, Vermilion County Sheriff's Office.(Condon, Michael) |
Filing 4 NOTICE of Appearance of Attorney by Bhavani K Raveendran on behalf of All Plaintiffs (Raveendran, Bhavani) |
Filing 3 NOTICE of Appearance of Attorney by G David Mathues on behalf of Barbara Harbacek, Colin Osterbur, Vermilion County Sheriff's Office (Mathues, G) |
Filing 2 NOTICE of Appearance of Attorney by Michael W Condon on behalf of Barbara Harbacek, Colin Osterbur, Vermilion County Sheriff's Office (Condon, Michael) |
Filing 1 NOTICE OF REMOVAL from Fifth Judicial Circuit, Vermilion County, case number 21 L 43 (Filing fee $ 402 Receipt 24626010421), filed by Deea Miller, Individually and as Independent Administrator of the Estate of Kacey Miller, Deceased. (Attachments: #1 First Amended Complaint, #2 Civil Cover Sheet)(KE) |
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