Dismukes v. Baker et al

Filing 106

OPINION: Defendants' motion to dismiss Count III is granted 92 . A hearing on the remaining motions is set for 2:30 p.m. on January 8, 2015 by video conference. Local counsel may appear in person or by video conference. Entered by Judge Sue E. Myerscough on 12/29/2014. (ME, ilcd)

E-FILED

Monday, 29 December, 2014 03:38:23 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
COREY DISMUKES, et al.
Plaintiff,
v.
DR. THOMAS BAKER, et al.,
Defendants.

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No. 11-CV-3345

OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Plaintiff pursues claims arising from Defendants' refusal to
surgically remove a large lipoma near the base of Plaintiff's head
during Plaintiff’s incarceration. The case is in the process of
discovery.
Defendants move to dismiss count III—the vicarious liability
claim against Wexford Health Sources, Inc. Defendants are correct
that, as of this moment, Seventh Circuit controlling precedent
clearly holds that, just like municipalities, private companies cannot
be liable for employees’ constitutional violations on a theory of
respondeat superior. See Hahn v. Walsh, 762 F.3d 617 (7th Cir.
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2014). Justice Hamilton urged the Seventh Circuit to revisit that
holding, Shields v. IDOC, 746 F.3d 782 (7th Cir. 2014), but the
Seventh Circuit has not done so. The Court allowed Plaintiff to
include Count III for purposes of preserving the issue for appeal, but
at this point Count III must be dismissed.
IT IS ORDERED:
1) Defendants’ motion to dismiss Count III is granted (92).
2) A hearing on the remaining motions is set for 2:30 p.m. on
January 8, 2015 by video conference. Local counsel may
appear in person or by video conference.
ENTER: 12/29/2014
FOR THE COURT:

s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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