Orr v. Shicker, No. 19-1380 (7th Cir. 2020)Annotate this Case
The plaintiffs, current and former inmates of the Illinois Department of Corrections (IDOC), have been diagnosed with hepatitis C. They filed suit against IDOC, Wexford (which provides inmate health services) and doctors more than 10 years ago after fruitless efforts to receive treatment for their disease while incarcerated. Their 42 U.S.C. 1983 complaint alleges that the diagnostic and treatment protocols for IDOC inmates with hepatitis C violate the Eighth and Fourteenth Amendments.
The Seventh Circuit reversed the grant of class certification and vacated a preliminary injunction. After discussing numerosity and commonality of facts and issues, the court noted that the district court failed to name a class representative or explain its omission, leaving no way to assess the adequacy of representation. On the assumption that the court would have accepted the proposed representatives, the record does not reveal whether they would be adequate. The lack of a named representative also makes it impossible to find typicality--that the “claims or defenses of the representative parties are typical of the claims or defenses of the class.” The individual plaintiffs have not shown that they are likely to suffer irreparable harm absent the preliminary injunction, so it was error to grant injunctive relief.