Cases
Significant Cases: Bruce v. [Deputy Sheriff] (2018) - Successfully defended a County Deputy Sheriff in jury trial in the U.S. District Court of the Central District against a 1983 claim. Plaintiff filed a lawsuit against the officer claiming that he violated her constitutional rights when he drove her to the hospital for a mental health evaluation in 2011. Plaintiff alleged that as a result she was later referred to a Behavior Center for treatment, which she claimed was frightening
humiliating. The defense presented evidence to suggest that plaintiff voluntarily went with the officer to the hospital - where she was evaluated
found her to be in need of hospitalization. The jury was posed with special interrogatories
found that no unlawful seizure occurred. At the end of a three-day trial the jury returned a verdict in the officer's favor.
Smego v. J_, P_
U_ (2013) - Defended psychology/mental health workers in jury trial where plaintiff, a committed sex offender, alleged that his constitutional rights were violated by not placing him in another treatment group at his request, months after he had referenced inappropriate sexual contact (a sexual assault) with another member of his current group. Plaintiff claimed the Defendants actions were also retaliation for filing lawsuits against various persons at the facility. Jury found in favor of Defendants.
Abbott v. S_ (2013) - Represented a Sangamon County Deputy at trial in which plaintiff claimed that Deputy used an unreasonable amount of force when he tazed her a second time in his efforts to arrest her in conjunction with the arrest of her son. The jury found in favor of the defendant.
Orr v. Wexford et al. - Theresa was successful in obtaining a voluntary dismissal with prejudice of two multi-million dollar class action claims against her client where plaintiff was unable to respond to defense motions asserting plaintiff lacked evidence to support any of the factual allegations in his case on behalf of the named plaintiffs. This case was dismissed in the summer of 2011
is still pending today against the remaining defendants.
Bailey v. Sangamon County - In this claim alleging deliberate indifference against the Sangamon County jail nursing staff, Theresa
her associate obtained a defense verdict in 33 minutes where the jury found that the plaintiff failed to prove that the jail detainee suffered from a serious medical need at the time of her encounter with the nurse.
Gay v. Dr. C - Verdict in favor of Dr. C in well publicized trial in Southern District of Illinois. Plaintiff alleged that Dr. C was deliberately indifferent to his mental health needs when he ordered that plaintiff be kept in restraints for numerous hours following plaintiff's repeated claims that he would cut himself if allowed to be free to do so. Plaintiff also asserted that he should have been placed in restraints at times to prevent him from cutting on himself while incarcerated.
Washington
Jenkins v. City of Springfield No. 07-3075, USDC-CDIL, December 7, 2010 - Defense verdict in a highly publicized federal jury trial in Springfield, Illinois. The plaintiffs alleged that Springfield Police Detectives conspired
falsely arrested them. Plaintiffs' home was searched after Springfield Detectives searched their trash
found evidence of drug activity. Over half a pound of cocaine was found in the home during the search. Plaintiffs alleged the Defendants planted the cocaine
falsified documents used to obtain the search warrant. Following a two week trial, the jury returned verdicts in favor of all defendants. The Plaintiffs' final settlement dem
before trial was 1.6 million.
Johnson v. D 433 F.3d 1001 (7th Cir. 2006) - Decision to provide conservative course of care for hernia rather than surgery is not deliberate indifference as a matter of law in light of evidence that hernia was regularly monitored by the defendant physicians.
Duckworth v. A 532 F.3d 675 (7th Cir. 2008) - Delay in referring patient to outside physician did not constitute deliberate indifference where physician, Dr. Kayira treated patient's complaints based on clinical
diagnostic findings
court distinguishes physician's care from facts in Greeno v. Daley wherein physician refused to treat patient after documenting that patient suffered from cancer.
Taylor v. Walker 537 F. Supp. 2d 966 (C.D. Ill. 2008) - Court found that nurse lacks personal involvement
/or authority to address plaintiff's complaints concerning exposure to second-h
smoke in cell house.
