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PAYTON v. RUSH-PRESBYTERIAN-ST. LUKE'S MED. CENTER

No. 97 C 5558.

82 F.Supp.2d 901 (2000)

William PAYTON, Plaintiff, v. RUSH-PRESBYTERIAN-ST. LUKE'S MEDICAL CENTER, an Illinois corporation, Rick Freeman, individually and as agent and servant of Rush-Presbyterian-St. Luke's Medical Center, Anthony Murray, individually and as agent and servant of Rush-Presbyterian-St. Luke's Medical Center, and James Blair, individually and as agent and servant of Rush-Presbyterian-St. Luke's Medical Center, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 27, 2000.

Attorney(s) appearing for the Case

Claudia E. Sainsot, Chicago, IL, Cathy Ann Pilkington, Law Office of Cathy Ann Pilkington, Chicago, IL, for William Payton.

Phillip Hallett Snelling, Chicago, IL, for Rush-Presbyterian St. Luke's Medical Center, Rick Freeman, Anthony Murray, William Blair.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

The district court1 dismissed William Payton's 42 U.S.C. § 1983 claims on the defendants'2 12(b)(6) motion because, the court held, Payton failed to meet a heightened pleading standard. The Seventh Circuit reversed, stating that no heightened pleading requirement exists. Payton v. Rush-Presbyterian-St. Luke's Med. Center,

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