Reed v. Columbia St. Mary's Hosp., No. 14-2592 (7th Cir. 2015)
Annotate this CaseReed claims that during a 2012 stay at the hospital, its staff ignored her requests, treated her poorly, refused to consult with her regarding her care, and physically injured her when she was forcibly discharged. An amended complaint alleged an unelaborated claim of “retaliation,” a violation of the ADA, and state-law claims. The judge dismissed, without prejudice, after considering whether any of her claims asserted a violation of the Rehabilitation Act, 29 U.S.C. 794 or the retaliation provision of the ADA, 42 U.S.C. 12203. Reed filed a second case, asserting that she suffers from tardive dyskinesia plus post-traumatic stress disorder, bipolar disorder, and acute anxiety; she uses a computer to communicate. The complaint alleged specific instances of mistreatment and various constitutional violations 42 U.S.C. 1983. The court dismissed, finding that her claims were precluded by the dismissal of her earlier suit and that neither the ADA nor the Rehabilitation Act could offer her any remedy. The Seventh Circuit vacated, finding that the complaint stated viable claims.
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