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CUNNINGHAM v. SOUTHLAKE CENTER FOR MENTAL HEALTH, INC.

No. 89-3174.

924 F.2d 106 (1991)

Elliott C. CUNNINGHAM, Plaintiff-Appellant, v. SOUTHLAKE CENTER FOR MENTAL HEALTH, INC., an Indiana not-for-profit corporation, Lee C. Strawhun, president of Southlake Center for Mental Health, Inc., County of Lake and Jeff Miller, individually and in his capacity as warden of the Lake County Jail, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1991.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Valparaiso, Ind., for Elliott Cunningham.

Steven A. Johnson, Spangler, Johnson & Associates, Merrillville, Ind., Thomas Greenberg, Walker, Felming, Corbin & Greenberg, Merrillville, Ind., for Southlake Center for Mental Health, Inc. and Lee C. Strawhun.

John S. Dull, Crown Point, Ind., Mark A. Psimos, Merrillville, Ind., for County of Lake.

Charles H. Graddick, Gary, Ind., for Jeff Miller.

Before CUDAHY, POSNER and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

Elliott Cunningham was hired by Southlake Center for Mental Health, Inc. (Southlake), in 1985 to work as a counselor in the Lake County Jail. Southlake had contracted to provide mental health services for the jail as the result of a consent decree in an unrelated case. By the contract's terms, Southlake retained the exclusive authority to direct, supervise, control and manage its personnel working in the jail. In early 1986, a problem of food...

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