Judges Grant Motions to Dismiss for Shook Hospital Client

The United States District Court for the Northern District of Illinois Eastern Division issued two opinions granting motions to dismiss filed on behalf of Silver Cross Hospital and Medical Centers, March 30 and April 12, 2021. Plaintiffs alleged due process violations against the hospital and its employees after nurses reported to the Illinois’ Department of Children and Family Services (DCFS) that two sets of parents refused the administration of intramuscular Vitamin K shots and/or erythromycin eye ointment to their newborn children. When the parents would not comply with common medical treatments, the hospital reported suspected abuse to DCFS.

The plaintiffs brought claims under 42 U.S.C.§ 1983 against the hospital for violating their right to substantive due process, and alleged violations of their Fourth Amendment rights for allegedly collaborating with the state to “coerce” the parents into authorizing treatment. But the court granted two motions to dismiss saying plaintiffs “did not allege facts sufficient to demonstrate that the Silver Cross Defendants conspired with state actors to demonstrate that they were otherwise acting under the color of state law.”

The cases are Churnovic v. Walker et al and Holderman, III v. Walker in The United States District Court for the Northern District of Illinois Eastern Division. The cases are No. 20-cv-1619 and No. 19 C 6324 respectively.

The Shook team includes Of Counsel Erin Bolan Hines, Associates Maveric Searle and Jon Studer.