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MASSEY v. HELMAN

No. 97-1401.

35 F.Supp.2d 1110 (1999)

Michael MASSEY, and John Otten, M.D., Plaintiffs, v. David HELMAN, Warden of the Federal Correctional Center in Pekin, Illinois, in his individual capacity; Ferdinand Somalia, Health Services Administrator of the Federal Correctional Center in Pekin, Illinois, in his individual capacity; Miguel Gonzalez, Assistant Warden of the Federal Correctional Center in Pekin, Illinois, in his individual capacity; and Kenneth Morit Sugu, M.D., Medical Director of the Bureau of Prisons of the United States Department of Justice, in his individual and official capacity, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

February 2, 1999.

Attorney(s) appearing for the Case

John P. Nicoara, Richard L. Steagall, Peoria, IL, John H. Bisbee, Macomb, IL, for plaintiffs.

Gerard A. Brost, Peoria, IL, James A. Lewis, Springfield, IL, for defendants.

OPINION

RICHARD MILLS, District Judge.

A prisoner and a prison doctor join together to bring this case.

It must be dismissed.

I. FACTUAL BACKGROUND

Plaintiff Michael Massey is a prisoner at the Federal Correctional Facility in Pekin, Illinois ("Pekin Facility" or "Pekin"). He contends that he did not receive proper treatment for a hernia and that this improper treatment constituted a denial of his Eighth

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