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Jail Nurse Blabbed About Inmate's HIV, Says Lawsuit Against Sheriff

The county and a private nursing company were also named in the suit filed by the attorney for an unidentified man with HIV.

 

A nurse working at the county jail told an inmate's brother he has HIV, causing him "great humiliation and mental anguish," according to a lawsuit filed in Will County court on Friday.

The HIV-infected inmate's name was withheld in the lawsuit. The man's attorney, William R. Cassian, filed a petition to "proceed under (a) fictitious name" on the grounds that the suit "involves very private information that is so sensitive" it is protected by the state's HIV Disclosure Act.

The petition says the man is older than 18 and lives in DuPage County. The lawsuit alleges the unidentified man was "confined in the detention center" on Nov. 18, 2011.

According to jail records, of the 24 men locked up in the Will County Adult Detention Center on Nov. 18, 2011, only one was a resident of DuPage County. The 23-year-old Glen Ellyn man had been arrested by the Joliet Police Department and booked into jail on a charge of domestic battery. He was later found guilty and sentenced to 120 days in jail.

The man's attorney, Cassian, declined to comment on the case or his client's current health. Chief Deputy Ken Kaupas, the spokesman for the sheriff's department, said he could not discuss pending litigation.

According to the lawsuit, a nurse at the county jail told the inmate the facility would not provide him with HIV medication and that he needed someone from the outside to bring it to him.

The inmate gave the nurse permission to call his brother and ask him to transport the medication to the jail, the suit said, but he also "expressly informed the nurse that his brother did not know of (his) HIV status; and that she was not under any circumstances to inform anyone" about it.

The lawsuit said the nurse was supposed to keep quiet about what the medication was for, but she allegedly told the man she called all about his locked up brother having HIV anyway.

This not only caused the jailed man anguish and humiliation, but also "lack of sleep, extreme emotional stress ... panic attacks, nightmares, loss of appetite, severe depression" and other problems, according to the lawsuit.

The allegedly loose-lipped nurse worked for Correct Care Solutions, a private company contracted by the county to provide medical staff to the jail, according to the lawsuit.

Phone and email messages requesting comment from Nashville, Tenn., based Correct Care Solutions were not returned.

Along with Correct Care Solutions, the lawsuit names Sheriff Paul Kaupas and Will County as defendants, and seeks upwards of hundreds of thousands of dollars, plus fees and costs.

Related Topics: Courts, Hiv, Jail, Lawsuit, Sheriff, and nurse

forget me

4:10 pm on Monday, November 19, 2012

Where is the privacy? In this article you're narrowing down who's who and when. Like we cant read past articles to see who was arrested and figure it out who it is? I love patch but I am not feeling this is not fair. If you're in jail you still have civil rights. Its wrong for this guy to have his med records blabbed! I worked in the med field for many yrs and staff would be reprimanded for discussing patients in elevators or being nosey looking up patient records. It happens a lot and there really isn't any privacy anywhere. I took my son to immediate care last week. They asked our whole life at the front desk so everyone sitting in there could hear. What er rooms separated by curtains well you can hear everything going on also. Privacy? What a joke!

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Despiser of Obama

7:31 pm on Monday, November 19, 2012

Hell with it. Any prisoner scum with AIDS should have their name told to the public! Heck if they are in prison , they don't care who they give the virus too once they are out.

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Joel Craig

10:19 am on Tuesday, November 20, 2012

Gotta love the uneducated comments that pop-up here on Patch. A person with HIV does not necessarily have AIDS, and in fact with advances in medicine over the past decade can live long and fruitful lives. How long has it been since Earvin "Magic" Johnson announced he was HIV+? I know it's empowering to hide behind a keyboard and fake name and spew negativity on a message board, but at least try to educate yourself in the process.

Despiser of Obama

9:25 pm on Monday, November 19, 2012

The idiot is out for a fast buck. Get a job.

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John Roberts

8:23 am on Tuesday, November 20, 2012

No what is disturbing is that Detention facility is denying this man his medication,what is more disturbing is that there is a HIPPA law that's in effect..The rights to medical privacy...No matter what a person has done...according to you guys if your kids ended up in a facility and were denied medication and denied medical privacy you would be ok with that....that's F-ing sad....remember speeding,picking up a friend that has something illegal on him with out your kid knowing it can get your kid locked up in this facility...

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Despiser of Obama

9:00 am on Tuesday, November 20, 2012

Can't do the time, don't do the crime. So sad, too bad.

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John Roberts

9:19 am on Tuesday, November 20, 2012

He did the crime,he did the time..still does not mean he is not a human being...something tells me people would think different if this was their own family...law suits,protests,calling Jessie Jackson...get a million likes on Facebook....to defend their family members....let's not forget that everyone that goes to jail is not guilty...Joliet is filled with corrupt cops...we live in a town,city where a judge was removed for sending her brothers daughters boyfriend to prison on a bogus charge to keep him from her niece....

Sashie

9:56 am on Tuesday, November 20, 2012

and you all are assuming that this actually occurred. Has no one considered that the nurse never said such? I am thinking the two brothers thought this one up. This society is so full of litigation money grabbing, I don't trust anyone really.

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John Roberts

10:03 am on Tuesday, November 20, 2012

This is what more laws and more regulations cause...there is a loophole for every law and every regulation...most of the time it is the loophole for the politicians to use..weather it happened or not..there is more evidence that it has occurred than there is proving that it did not.... The situation of not providing medication to a person you hold captive,the HIPPA law rights to privacy..which was based off of 1 a stalking law because a disgruntled husband found out where his wife was being held from a phone call and went and killed her..that's why the hospital will not tell you anything over the phone 2nd and 3rd were both cases where the people had Aids,one was told from blood test and was told he had Aids and sues the hospital that told him and the last was a man who had Aids and was told in front of his family....all of these lawsuit situations leave loopholes to be used...

Despiser of Obama

9:59 am on Tuesday, November 20, 2012

Sashie I agree with you. Prisoners are really reliable? Not.

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ronda graf

10:06 am on Tuesday, November 20, 2012

What a joke. People that are or have been on jail should not have rights!!! This is what is wrong with society, if more people lost their rights because they committed a crime, maybe next time they and others would think twice. Why should our tax money be going to support those on prison? Let them have television, better meals than most of us, and all the other amenities they are given? What happen to bread and water? Statesville owns ground that used to be farmed by prisoners, they grew their vegetables and that along with meat is what they ate, they had to work for at least part of their food, but now, they do not even do that because it is cruel and inhumane to make them keep up a garden. I say all prisons should go back to the chain gang and as far as their rights, they should have thought about that before they committed the crimes.

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Will County Resident

1:44 pm on Tuesday, November 20, 2012

have you considered the possibility of a prisoner being not guilty? not everyone in jail is even convicted of a crime yet.

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Formereastside

7:37 pm on Tuesday, November 20, 2012

@ Will County Resident - this is a certainty in Will County !!

Despiser of Obama

10:13 am on Tuesday, November 20, 2012

Here here Rhonda. Prisoners have why too many rights. More than their victims had.

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ronda graf

10:21 am on Tuesday, November 20, 2012

So true disciple. And I'm sorry but they are sent there for a reason, hence it be called prison for a reason. They should not be treated better than those of us that have not done wrong. Had they lived in some other countries, they would not only lose freedom, but depending on the crime approiate body parts as well, maybe these other countries are on to something. Just saying

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John Roberts

10:43 am on Tuesday, November 20, 2012

Yeah because everyone who is charged is guilty..but ignore the fact that 1000 cases or more are being investigated in chicago for police beating a confession out of them the same people who were cleared of DNA evidence...is around this number too...but sure it's ok until it's you or your family.lol

Despiser of Obama

10:24 am on Tuesday, November 20, 2012

Yes Rhonda. Everytime a scum bag goes to jail or prison , it's poor me, why are they doing this to me, I have rights too and what did I do wrong. Shut up already scum prisoners.

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ronda graf

10:32 am on Tuesday, November 20, 2012

Agreed. No sympathy here!!!!!!!

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John Roberts

10:48 am on Tuesday, November 20, 2012

Prisoners are humans too...too many false convictions to have a standard protocol...so the guy who killed a man for messing with his kid and goes to prison deserves the same treatment as the guy who is still in prison raping people?..or your kid that's on probation for marijuana should be treated the same as a man who robbed and killed an old lady huh?...lol. Do us all a favor and please none of you,run for office..would be no diffrent than if Hitler would of won...prison for all if we cant get people to stop...then death..to all...lmao....wow what a joke...

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Despiser of Obama

10:49 am on Tuesday, November 20, 2012

They should make it a law already. Once someone is convicted and sent to prison. They should place GPS chips in the scum when they are released to keep track of them and they should take their DNA and enter it in a United States criminal computer system.

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Will County Resident

1:46 pm on Tuesday, November 20, 2012

uh huh. and what do you do when someone goes to jail for civil disobedience? would you have planted a chip into martin luther king given the chance? what about those that are innocent?

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John Roberts

3:04 pm on Tuesday, November 20, 2012

lol WCR i thought i was the only one on here reminding people we are all human..This is a rough crowd lol hope none of them make it into office..We will all have to line up wearing suits in front of the local government buildings waiting for our next orders as citizens...loland be able to be tracked down...via GPS..lmao...yep thats what will make us a free society..To track everyone and make sure they are free...lol

John Roberts

10:53 am on Tuesday, November 20, 2012

Exactly what is prison for?....it was said to pay your debit back to society...sure some prisoners get better treatment than their victim but this is the Judicial system we have chosen..the political route we have taken...and through this system we allow for better treatment and mis treatment...and most likely corruption follows or is in play when making a decision for a prisoner..weather it is conviction rate,money,or just a grudge...but no matter what if your in prison paying your debit to society thats cool but no where does it say people are to be mis treated nor is there law put into place to mistreat prisoners....

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Christina

10:57 am on Tuesday, November 20, 2012

John Roberts......is the "secret HIV man" claiming he is innocent? Why is it more humiliating to havedone something to contract HIV then it is to be put in jail? That to me seems like it should have been the embarrassing thing to happen. HIV should be made public because everyone he comes in contact with is at risk. Who cares how this idiot is sleeping? The hard working noninfected responsible parents of this world suffer from sleepless nights all the time, wondering about what criminal will steal from us or hurt our children.

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John Roberts

2:41 pm on Tuesday, November 20, 2012

ignorance of how laws can and will be misused is what will turn this country into a communist country..Aids..then what stops people exposng any sickness you may get?....or your famly members may get..because the human mind is sick...your grandma gets aids through a blood transfusion from back in the day..now think Gma is the only one being looked at living at your house?...no your whole family starts to be ridiculed,you have a relative that has aids..Umm no you cant work here but ya think they will put it like that...How about the kid that goes to school and his parent has aids..Think he might get messed with?

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John Roberts

2:51 pm on Tuesday, November 20, 2012

criminals look for,unarmed un protected,alone,quite people...arm yourself,protect yourself,and let it be knon you will stand your ground...Last thing a criminal wants is a confident defender...know your reality and the kinnds of peoplee thre are in this world...There are people who just do things,murder,rape,child abductions,home invasions...Ignore it and hope it will go away or hope it does not happen to you and not prepare yourself because of your hopes...Then you are ignoring what kind of world you really live in..

Despiser of Obama

11:01 am on Tuesday, November 20, 2012

Hey John when this scum is released, take him in and let him have unprotected sex with your wife . You wouldn't do either!

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John Roberts

2:47 pm on Tuesday, November 20, 2012

lol no one said you had to take him in..nor let him sleep with your wife.. does not mean he is not a human being...people should take responsbility for their own protection..what does that haave to do with this? ..the guy needed his meds..Went through a nurse to get them to him via another person...at no time was the nurse given permission to discuss the atients medical condition..At no tiimee did the patient sign a piece of paper releasing his medical condition to be discussed with another person,Dr. or officer...thats the bottom line people hide all kinds of things from ttheir families...This guys case it was aids,not addiction,or a double life...

Christina

11:03 am on Tuesday, November 20, 2012

We should start filing lawsiluits against the criminals of this country for the humiliation they cause all of us on crime state reports. And for the sleepless nights they cause us by wondering if our house will be the next one broken into. Or which child will they hurt next? They should pay for our anxioty medicine!

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John Roberts

2:58 pm on Tuesday, November 20, 2012

now thats an ideal..File law suits against the criminal...if convicted rightfully convicted though...I mean it might take a bit to collect but instead of throwing them back in jail for non payment..just have it over their heads any time an ncome tax check comes,or a job..payment contnues..Money goes bback to community the person hurt.not the polliticians and court...If no job then Community Service to hepl pay it off untilyou get a job...me i would rather work than do community service..ya spend just ass much time might as well be working.and void any lawsuit a person might gt if they get hurt doing community Service but still entitled to mmedical care if they are hurt..Only to get them back on their feet to work and do community service after treatment...Because lawsuits is what stopped inmates from working....

Despiser of Obama

11:06 am on Tuesday, November 20, 2012

Great example Christina. If a scum bag is arrested for armed robbery, burglary and other crimes, the victims should start suing the scum.

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Will County Resident

1:48 pm on Tuesday, November 20, 2012

what planet are you on? you already can sue someone if you are a victim of robbery or burglary. OJ was sued for his murder and the family won, even though he was found not guilty in court for the official criminal filings.

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Despiser of Obama

5:26 pm on Tuesday, November 20, 2012

WCR show me where someone has sued civily for a robbery or burglary. The only civil law suits , I have seen have been for murder related crimes.

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Despiser of Obama

5:29 pm on Tuesday, November 20, 2012

I think Police Officers that are victims of Agg.Battery while arresting scum should start civily suing the scum that harmed them.

Mom4

11:26 am on Tuesday, November 20, 2012

If the brother had to bring the medication in from the outside what's to say the brother couldn't google those drug names on the Internet why did the prisoner give the info that the brother could be in charge of his medical? This story stinks

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John Roberts

2:59 pm on Tuesday, November 20, 2012

some medications are used for different things....

Despiser of Obama

11:37 am on Tuesday, November 20, 2012

The brother knew his brother was HIV. What a bunch of B.S. this story is.

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DrakeRPh

2:23 pm on Tuesday, November 20, 2012

Exactly what "Mom4" said. I'm a pharmacist & people call in asking me what a medication is for all the time. ALL BECAUSE OF HIPAA, I refuse to give out information about a drug unless I know I'm talking to the recipient of the medication and that we, in fact, did dispense the medication to this patient. Many callers get angry & hang up on me when I tell them to Google it because I refuse to give out the information. EVERYONE has the right to privacy!

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Formereastside

7:39 pm on Tuesday, November 20, 2012

He prob wanted to be transferred to St Joes - then slip out. It happens often. The nurse doesn't have access to his medical file in order to obtain a proper script.

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lala

8:27 pm on Tuesday, November 20, 2012

Let's hope this gets thrown out as it is just stupid! "This not only caused the jailed man anguish and humiliation, but also "lack of sleep, extreme emotional stress ... panic attacks, nightmares, loss of appetite, severe depression" and other problems, according to the lawsuit." If I were in jail, I would have all those symptoms too. Who wouldn't? I also cannot believe a jail would allow ANYONE to deliver prescription drugs to an inmate! Wouldn't they call his doctor?

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Flora Dora

6:41 am on Wednesday, November 21, 2012

This whole law suit sunds fishy to me.

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Marilynn Reinhardt

10:42 am on Wednesday, November 28, 2012

Rhonda & Disciple are perfect examples of illiteracy and narrow-minded thinking. You and your righteousness belong back in caveman days! Even YOU could be jailed for the smallest infraction, but should we all then think that you are of the same ilk as those you disparage? Did you ever hear of the saying, "There, but for the Grace of God, go I"? Thanks, John Roberts, for being of sounder mind than these 2!

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