ORTIZ v. TURNER

No. CV77-2099-B.

651 F.Supp. 309 (1987)

John ORTIZ, individually and on behalf of all others similarly situated, v. Donald J. TURNER, individually and in his capacity as Sheriff of Alexander County, and his employees, agents and successors; Eugene Farris, individually and in his capacity as Chairman of the Alexander County Board of Commissioners; Fred McRoy, individually and in his capacity as a member of the Alexander County Board of Commissioners; George Bader, individually and in his capacity as a member of the Alexander County Board of Commissioners; Charles Rowe, individually and in his capacity as Director of the Department of Corrections of the State of Illinois; Oliver E. O'Kier, individually and in his capacity as Chief of the Bureau of Detention Standards and Services of the Department of Corrections of the State of Illinois; and Ronnie L. Wells, individually and in his capacity as Corrections Compliance Specialist of the Bureau of Detention Standards and Services of the Department of Corrections of the State of Illinois, Defendants.

United States District Court, S.D. Illinois, Benton Division.

January 8, 1987.


Attorney(s) appearing for the Case

Richard D. Chase, Land of Lincoln Legal Assistance Foundation, Inc., East St. Louis, Ill., Herbert A. Eastman, St. Louis University School of Law, St. Louis, Mo., for plaintiffs.

Thomas Schmidt, Asst. Atty. Gen., Springfield, Ill., for defendants.


MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendants' Supplemental Motion for Directed Verdict, which the Court construes as a Motion to Dismiss pursuant to Rule 41(b), Fed.R.Civ.Pro. Defendants' Motion is based upon the case of Bush v. Viterna, 795 F.2d 1203 (5th Cir.1986). Upon a review of that case and the plaintiffs' proof at trial, the Court concludes that defendants' Motion should...

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