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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.

ronda graf November 20, 2012 at 04:21 PM
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
Despiser of Obama November 20, 2012 at 04:24 PM
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.
ronda graf November 20, 2012 at 04:32 PM
Agreed. No sympathy here!!!!!!!
John Roberts November 20, 2012 at 04:43 PM
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
John Roberts November 20, 2012 at 04:48 PM
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...
Despiser of Obama November 20, 2012 at 04:49 PM
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.
John Roberts November 20, 2012 at 04:53 PM
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....
Christina November 20, 2012 at 04:57 PM
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.
Despiser of Obama November 20, 2012 at 05:01 PM
Hey John when this scum is released, take him in and let him have unprotected sex with your wife . You wouldn't do either!
Christina November 20, 2012 at 05:03 PM
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!
Despiser of Obama November 20, 2012 at 05:06 PM
Great example Christina. If a scum bag is arrested for armed robbery, burglary and other crimes, the victims should start suing the scum.
Mom4 November 20, 2012 at 05:26 PM
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
Despiser of Obama November 20, 2012 at 05:37 PM
The brother knew his brother was HIV. What a bunch of B.S. this story is.
Will County Resident November 20, 2012 at 07:44 PM
have you considered the possibility of a prisoner being not guilty? not everyone in jail is even convicted of a crime yet.
Will County Resident November 20, 2012 at 07:46 PM
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?
Will County Resident November 20, 2012 at 07:48 PM
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.
DrakeRPh November 20, 2012 at 08:23 PM
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!
John Roberts November 20, 2012 at 08:41 PM
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?
John Roberts November 20, 2012 at 08:47 PM
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...
John Roberts November 20, 2012 at 08:51 PM
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..
John Roberts November 20, 2012 at 08:58 PM
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....
John Roberts November 20, 2012 at 08:59 PM
some medications are used for different things....
John Roberts November 20, 2012 at 09:04 PM
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
Despiser of Obama November 20, 2012 at 11:26 PM
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.
Despiser of Obama November 20, 2012 at 11:29 PM
I think Police Officers that are victims of Agg.Battery while arresting scum should start civily suing the scum that harmed them.
Patch reader November 21, 2012 at 01:37 AM
@ Will County Resident - this is a certainty in Will County !!
Patch reader November 21, 2012 at 01:39 AM
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.
lala November 21, 2012 at 02:27 AM
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?
Flora Dora November 21, 2012 at 12:41 PM
This whole law suit sunds fishy to me.
Marilynn Reinhardt November 28, 2012 at 04:42 PM
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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