Inmate’s suit over CPAP can proceed

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
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ChicagoGranny
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Inmate’s suit over CPAP can proceed

Post by ChicagoGranny » Wed Dec 16, 2020 3:09 pm

Good news! I hope the case is settled in court and becomes a precedent to protect jailed CPAPers!
A federal judge denied Cook County’s motion to dismiss an inmate’s claim that the jail officials took away a device he uses to breathe better during sleep.U.S. District Judge Mary M. Rowland’s opinion Thursday said Cook County Sheriff Thomas J. Dart’s defense did not meet standard under Rule 12(b)(6) of the Federal Rule of Civil Procedure to dismiss prisoner Dorian Cotledge’s lawsuit alleging he was not provided a continuous positive airway pressure ...

https://www.chicagolawbulletin.com/cpap ... 0-20201215
Case details, no subscription required - https://casetext.com/case/cotledge-v-da ... ER_GROUP=C
Last edited by ChicagoGranny on Thu Dec 17, 2020 11:10 am, edited 1 time in total.

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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Wed Dec 16, 2020 8:08 pm

I can't read the story as it is behind a Pay-Wall...would love to read it and know of the details.

Oh well...maybe the AP will pick up the story and it will be posted somewhere else.

On Another Note - speaking of inmates and CPAP...
I noted while watching a 60 mins story about that pedo Epstein guy's suicide that there was an older CPAP machine shown on the floor of his jail cell.
I'm sure most who saw the piece had no idea what was on the floor - other than CPAP users who unconsciously knew exactly what it was.
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
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chunkyfrog
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Re: Inmate’s suit over CPAP can proceed

Post by chunkyfrog » Wed Dec 16, 2020 9:12 pm

Search the plaintiff's name, and you can read the statements made in court.
Go to the bottom, and you will see the determination.
Not exactly Reader's Digest, but it's all there--in English, and free of charge.
Interesting how much it reveals about the attorneys--especially for the defence.

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ChicagoGranny
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Re: Inmate’s suit over CPAP can proceed

Post by ChicagoGranny » Thu Dec 17, 2020 7:51 am

JLROhio wrote:
Wed Dec 16, 2020 8:08 pm
I noted while watching a 60 mins story about that pedo Epstein guy's suicide that there was an older CPAP machine shown on the floor of his jail cell.
I'm sure most who saw the piece had no idea what was on the floor - other than CPAP users who unconsciously knew exactly what it was.
It's my understanding that some viewers mistook this defibrillator for a CPAP. If you have a different photo, please reply.
~ (2).jpg

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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Thu Dec 17, 2020 8:33 am

ChicagoGranny wrote:
Thu Dec 17, 2020 7:51 am
JLROhio wrote:
Wed Dec 16, 2020 8:08 pm
I noted while watching a 60 mins story about that pedo Epstein guy's suicide that there was an older CPAP machine shown on the floor of his jail cell.
I'm sure most who saw the piece had no idea what was on the floor - other than CPAP users who unconsciously knew exactly what it was.
It's my understanding that some viewers mistook this defibrillator for a CPAP. If you have a different photo, please reply.
~ (2).jpg
https://www.cbsnews.com/news/jeffrey-ep ... 0aab4i#app

The first photo in the above news article shows it in the lower right.

176AD118-B261-479E-859F-C75B8E827148.jpeg
Jail photo
176AD118-B261-479E-859F-C75B8E827148.jpeg (192.92 KiB) Viewed 766 times
B4050976-36FC-4270-897E-46C0FB0D6322.jpeg
Photo 2
B4050976-36FC-4270-897E-46C0FB0D6322.jpeg (10.5 KiB) Viewed 766 times
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
:wink:

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Pugsy
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Re: Inmate’s suit over CPAP can proceed

Post by Pugsy » Thu Dec 17, 2020 8:40 am

JLROhio wrote:
Thu Dec 17, 2020 8:33 am
The first photo in the above news article shows it in the lower right.
That's obviously a Respironics System One machine of some sort. Looks like probably 60 series.

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Re: Inmate’s suit over CPAP can proceed

Post by chunkyfrog » Thu Dec 17, 2020 10:44 am

Going without my cpap would be TORTURE to me.
Funny the plaintiff's attorneys didn't use the "cruel and unusual" argument instead of the disability angle.
--sounds like they piggybacked a "cause" onto his case.

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ChicagoGranny
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Re: Inmate’s suit over CPAP can proceed

Post by ChicagoGranny » Thu Dec 17, 2020 11:09 am

JLROhio wrote:
Thu Dec 17, 2020 8:33 am
The first photo in the above news article shows it in the lower right.
Thank you :!:

Casetext has case details no subscription required - https://casetext.com/case/cotledge-v-da ... ER_GROUP=C

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Re: Inmate’s suit over CPAP can proceed

Post by Janknitz » Thu Dec 17, 2020 2:38 pm

chunkyfrog wrote:
Wed Dec 16, 2020 9:12 pm
Interesting how much it reveals about the attorneys--especially for the defence.
An attorney's job is to make whatever plausible argument it can and see what works. (The "throw it against the wall and see what sticks" defense). The opinion likely takes all the arguments from the plaintiff's petition, and they did a great job knocking down the elements one by one. That's how the sausage is made in legal world.

Did you notice that part of the bunk is hidden behind a wall? They were supposedly keeping an eye on Epstein, checking on him regularly. Yet there's an entire portion of the cell not visible from the door. Why was that a good idea for this particular inmate??? Hmmmm. . .
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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Thu Dec 17, 2020 6:10 pm

ChicagoGranny wrote:
Thu Dec 17, 2020 11:09 am
JLROhio wrote:
Thu Dec 17, 2020 8:33 am
The first photo in the above news article shows it in the lower right.
Thank you :!:

Casetext has case details no subscription required - https://casetext.com/case/cotledge-v-da ... ER_GROUP=C

Thanks - That helped me understand the argument a little better.

Unfortunately, I also dug a little deeper and it seems like Mr. Dorian Cotledge is a vexatious litigant.
He has numerous lawsuits against Federal, State, and County governments responsible for his care and feeding during his "many" incarcerations.
Most of his lawsuits are medically related - I guess he'll be the face of CPAP rights in prison!

Here's his rap-sheet according to: https://www2.illinois.gov/idoc/Offender ... earch.aspx
(not that I'm judging - well - I guess he's already been judged and adjudicated by various juries of his peers)

OFFENSE: AGG BATTERY/GREAT BODILY HARM
CUSTODY DATE: 01/18/1990
SENTENCE: 4 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: ROBBERY
CUSTODY DATE: 01/18/1990
SENTENCE: 4 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: FELON POSS/USE WEAPON/FIREARM
CUSTODY DATE: 09/01/1992
SENTENCE: 2 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: ATTEMPT MURDER/INTENT TO KILL/INJURE
CUSTODY DATE: 09/01/1992
SENTENCE: 7 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: OTHER AMT NARCOTIC SCHED I&II
CUSTODY DATE: 04/20/1996
SENTENCE: 6 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: ARMED HABITUAL CRIMINAL
CUSTODY DATE: 09/09/2018
SENTENCE: 30 Years 0 Months 0 Days
COUNTY: COOK
OFFENSE: ATTEMPT MURDER/INTENT TO KILL/INJURE
CUSTODY DATE: 09/09/2018
SENTENCE: 75 Years 0 Months 0 Days
COUNTY: COOK
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
:wink:

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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Thu Dec 17, 2020 6:13 pm

Janknitz wrote:
Thu Dec 17, 2020 2:38 pm
chunkyfrog wrote:
Wed Dec 16, 2020 9:12 pm
Interesting how much it reveals about the attorneys--especially for the defence.
An attorney's job is to make whatever plausible argument it can and see what works. (The "throw it against the wall and see what sticks" defense). The opinion likely takes all the arguments from the plaintiff's petition, and they did a great job knocking down the elements one by one. That's how the sausage is made in legal world.
I don't think Mr. Dorian Cotledge uses an attorney. Seems like he has a jailhouse law degree and files his own complaints.
Reading many of his lawsuits, against the various jails that have housed, fed, and cared for him over the past 30 years, seems like he's learned really well how the legal sausage is made!
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
:wink:

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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Thu Dec 17, 2020 6:18 pm

I posted these pics this morning from my phone...I didn't realize how big they were on a computer screen until I saw it tonight!

It sorta looks like there is another CPAP hose in the back (directly under the ladder for the bunk bed).

I wonder how many CPAP machines Pedo Epstein may have had access to in his cell - Wonder if I can locate an inventory of what was in his cell at the time of his death!
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
:wink:

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chunkyfrog
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Re: Inmate’s suit over CPAP can proceed

Post by chunkyfrog » Thu Dec 17, 2020 9:18 pm

What a dossier!
Looking at his sentences, I suspect he wants the cpap for the CORD, if you get my drift.
(Is that how Pedo E offed himself?)

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Re: Inmate’s suit over CPAP can proceed

Post by Janknitz » Fri Dec 18, 2020 2:00 pm

JLROhio wrote:
Thu Dec 17, 2020 6:18 pm
I posted these pics this morning from my phone...I didn't realize how big they were on a computer screen until I saw it tonight!

It sorta looks like there is another CPAP hose in the back (directly under the ladder for the bunk bed).

I wonder how many CPAP machines Pedo Epstein may have had access to in his cell - Wonder if I can locate an inventory of what was in his cell at the time of his death!
I was wondering if whomever made it look like Epstein hung himself used the cord. But it's still attached to the machine.
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JLROhio
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Re: Inmate’s suit over CPAP can proceed

Post by JLROhio » Fri Dec 18, 2020 8:27 pm

Janknitz wrote:
Fri Dec 18, 2020 2:00 pm
JLROhio wrote:
Thu Dec 17, 2020 6:18 pm
I posted these pics this morning from my phone...I didn't realize how big they were on a computer screen until I saw it tonight!

It sorta looks like there is another CPAP hose in the back (directly under the ladder for the bunk bed).

I wonder how many CPAP machines Pedo Epstein may have had access to in his cell - Wonder if I can locate an inventory of what was in his cell at the time of his death!
I was wondering if whomever made it look like Epstein hung himself used the cord. But it's still attached to the machine.
I haven’t really made up my mind either way if he was killed or committed suicide BUT if someone did kill him...I’m guessing they had ALL the time in the world to set the scene up any way they wanted (including plugging a CPAP back up) based upon what was stated so far about the guards sleeping.
* This is the internet - what I write will probably NOT come across as it would in person; where one can read a person's face.
My posts are sometimes tongue & cheek w/some snarky sarcasm mixed in.
I leave it up to you to figure it out!
:wink:

--