Shelby Co., Ill. (ECWd) –
Shelby County Sheriff Brian McReynolds was hit with a medical-related civil rights lawsuit in March of 2023. The suit was brought forward by Chad Hammond who is currently serving time in the Illinois Department of Corrections.
The amended complaint can be viewed at this link.
This case has parallels to the Nicholas Banning case in the fact the current Sheriff, Brian McReynolds, is being sued in his personal capacity just as former Sheriff Don Koonce. The counts against McReynolds in his Official Capacity were dismissed.
The Federal Judge stated:
“Plaintiff has alleged enough facts to proceed with a Fourteenth Amendment claim against Defendants Duran, McReynolds, and Stephens for their respective acts or omissions regarding Plaintiff’s medical condition. The plaintiff’s claim against Defendants proceeds in their individual capacities only.” (Duran is the Jail Doctor. We have not identified who Stephens is at this time)
Docket entry #35:
“MERIT REVIEW ORDER entered by Judge Sue E Myerscough on 1/25/2024. Plaintiff’s Motion for Injunctive Relief 7 , Motion Opposing Defendants’ Motion to Dismiss 17 and Motions for Status 21 , 32 , 33 are MOOT for the reasons stated in the Court’s Order. The Court DENIES Plaintiff’s Motions for Counsel 4 , 30 . The Court GRANTS Plaintiff’s Motion for Leave to File an Amended Complaint 22 , which renders MOOT his earlier filed pleading amendments 6 , 9 , 12 , 18 , 19 , 20 . The Court DIRECTS the Clerk of the Court (“Clerk”) to docket Plaintiff’s Amended Pleading 22 and add Cathy Stephens as a Defendant. The Clerk SHALL terminate Advanced Correctional Healthcare, Inc., and the Shelby County Sheriff’s Office as Defendants in this case. According to the Court’s Merit Review of Plaintiff’s Complaint under 28 U.S.C. Sec 1915A, Plaintiff has alleged enough facts to proceed with a Fourteenth Amendment claim against Defendants Duran, McReynolds, and Stephens for their respective acts or omissions regarding Plaintiff’s medical condition. Plaintiff’s claim against Defendants proceeds in their individual capacities only. Additional claims shall not be included in the case, except at the Court’s discretion on motion by a party for good cause shown or under Federal Rule of Civil Procedure 15. The Court directs the Clerk to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act. The Court directs the Clerk to attempt service on Defendants under the standard procedures. See written order. (KE) (Entered: 01/25/202″
Of additional interest in this case is this motion filed by McReynolds to block the plaintiff from submitting FOIA requests.
The Federal Judge denied the motion.
“TEXT ORDER by US Magistrate Judge Karen McNaught on 9/26/2024: The motion of defendant McReynolds to preclude plaintiff from making requests pursuant to the Freedom of Information Act 89 is DENIED. The Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) provides access to public records to promote transparency and accountability of public bodies within government and the public is entitled to full and complete information on the affairs of government. If counsel is concerned with direct communication between plaintiff and defendant, an alternative FOIA officer may be designated. (DW) (Entered: 10/01/2024)”
McReynolds filed an answer to the complaint which can be viewed at this link.
Hammond’s request for court-appointed counsel has been denied. It is evident Hammond has not read any of the pleadings in the Banning case as there are numerous points made by Banning’s attorney that appear to apply to Hammond’s case.
We will provide future updates as this case moves through the court.
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