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ROE v. ELYEA

Nos. 09-1723, 09-2107.

631 F.3d 843 (2011)

Sandy ROE, as Administrator of the Estate of Edward J. Roe, Deceased, et al., Plaintiffs-Appellants, Cross-Appellees, v. Willard O. ELYEA, in his individual capacity, Defendant-Appellee, Cross-Appellant, and Michael Puisis, in his official capacity as Medical Director of the Illinois Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 2011.

Attorney(s) appearing for the Case

David Stevens , Attorney, Heller, Holmes & Associates, Mattoon, IL, for Plaintiffs-Appellants, in No. 09-1723.

Mary Ellen Welsh (argued), Attorney, Office of the Attorney General, Chicago, IL, for Defendants-Appellees in No. 09-1723.

H. Kent Heller (argued), Attorney, David Stevens , Attorney, Heller, Holmes & Associates, Mattoon, IL, for Plaintiffs-Appellees in No. 09-2107.

Joseph N. Rupcich , Attorney, Office of the Attorney General, Springfield, IL, for Defendant-Appellant in No. 09-2107.

Before RIPPLE and ROVNER, Circuit Judges, and ST. EVE, District Judge.

RIPPLE, Circuit Judge.

Edward Roe, Anthony Stasiak, Timothy Stephen and Jonathan Walker are current and former inmates of the Illinois Department of Corrections ("IDOC") who were diagnosed with hepatitis C during or prior to their time in IDOC custody. After unsuccessful attempts to obtain certain medical services for their disease while incarcerated, they brought this action against Dr. Willard Elyea, the former Medical Director of IDOC.1

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