O'Neill v. St. Joseph Memorial Hospital et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CAROLYN O’NEILL,
Plaintiff,
v.
SOUTHERN ILLINOIS HOSPITAL
SERVICES d/b/a SIH ST. JOSEPH
MEMORIAL HOSPITAL, DR. ALAN J.
WILSON, AMBER DURHAM, JOHN
DOES 1-5, JANE DOES 1-5,
Defendants.
Case No. 3:25-CV-2231-NJR
MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
This matter is before the Court for review of the First Amended Complaint filed
by pro se Plaintiff Carolyn O’Neill. (Doc. 8). The Court previously granted O’Neill’s
motion to proceed in forma pauperis but dismissed her original Complaint because she
failed to properly allege subject matter jurisdiction. (Doc. 6). The Court further advised
O’Neill that while her allegations did not state a claim under 42 U.S.C. § 1983, she may
have claims sounding in Illinois tort law. (Id.).
On February 25, 2026, O’Neill filed a First Amended Complaint to address the
deficiencies identified by the Court. (Doc. 8). O’Neill now alleges that she is a citizen of
Maryland, Southern Illinois Hospital Services is a citizen of Illinois, and that, upon
information and belief, Dr. Alan J. Wilson, Amber Durham, and the John and Jane Doe
Defendants are citizens of Illinois. (Doc. 8 at pp. 7-8). O’Neill also claims compensatory
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damages of not less than $250,000 and requests punitive damages to be determined by a
jury. (Id. at p. 14).
Regarding her factual allegations, O’Neill claims that she presented to the
Emergency Department (“ED”) at SIH St. Joseph Memorial Hospital in Murphysboro,
Illinois, on December 29, 2023, solely to obtain an insurance-required referral for
outpatient counseling. (Doc. 8 at p. 9). She did not request inpatient treatment or any
emergency psychiatric intervention. (Id.). O’Neill claims she was calm, cooperative, did
not pose a danger to herself or others, and did not express any suicidal ideations or desire
to self-harm. (Id.). When she requested to leave the facility, however, she was detained
against her will by hospital staff. (Id.). Law enforcement was summoned, and a physician
mentioned that the officers “had guns,” which O’Neill understood as coercive pressure
to comply with their orders. (Id.). O’Neill was placed on a gurney and restrained at her
wrists and ankles. (Id.). She did not resist and complied with all instructions. (Id.). While
she was restrained, 	staff members cut off her bra without medical necessity or
explanation, and she was not provided with a replacement. (Id.).
O’Neill states that, at the time of the incident, she had documented medical
conditions including PTSD and a history of Stevens-Johnson Syndrome, 1 which were
reflected in her medical records. (Id.). She repeatedly warned staff of serious medication
risks and asked that any medication be verified before administration. (Id.). She also
1 Stevens-Johnson syndrome is a rare, serious disorder of the skin and mucous membranes. It is usually a
reaction to medication that starts with flu-like symptoms, followed by a painful rash that spreads and
blisters. The top layer of affected skin dies, sheds, and begins to heal after several days. “Stevens-Johnson
syndrome,” 	Mayo 	Clinic, 	https://www.mayoclinic.org/diseases-conditions/stevens-johnson-
syndrome/symptoms-causes/syc-20355936 (last visited Mar. 25, 2026).
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explicitly refused consent to any injectable medication. (Id. at pp. 9-10).
Despite these warnings and lack of consent, and while O’Neill was restrained, staff
injected her with Geodon. (Id. at p. 10). Staff also refused to identify the drug they
administered or provide a medical necessity or emergency justification for the injection.
(Id.). The restraints on O’Neill’s wrists and ankles were also improperly positioned,
causing a loss of sensation and circulation in her arm. (Id.). Staff then removed telemetry
monitoring and failed to perform circulation, motor, or sensation checks on her
extremities. (Id.). While O’Neill was restrained for approximately two hours, she was
denied access to her phone and contact with her family, denied water, denied bathroom
access or a bedpan, and was exposed to cold conditions without a blanket. (Id.). She was
told the lack of bathroom access or a bedpan was due to her “acting out.” (Id.).
O’Neill alleges she was never informed, verbally or in writing, that she was being
detained pursuant to any provision of the Illinois Mental Health and Developmental
Disabilities Code, nor was she presented with involuntary admission documentation,
emergency hold paperwork, or any written notice identifying the statutory basis for her
detention or restraint. (Id.).
Within 48 hours of being discharged, O’Neill developed persistent tachycardia
and debilitating neurological symptoms. (Id.). She asserts that she continues to experience
these symptoms and remains under medical monitoring. (Id. at p. 11).
O’Neill claims that Defendants’ actions constituted nonconsensual harmful and
offensive physical contact, including physical restraint and involuntary intramuscular
injection. (Id.). She also claims she was intentionally confined and restrained against her
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will without lawful justification or statutory authority, and that Defendants’ conduct was
willful, reckless, and constituted extreme and outrageous conduct beyond the bounds of
decency. (Id.). As a result of this conduct, O’Neill asserts that she suffered physical injury
requiring ongoing medical care, sustained impairment of earning capacity and daily
functioning, and experienced severe emotional distress. (Id.). As noted above, she seeks
at least $250,000 in compensatory damages, as well as punitive damages and costs.
Jurisdiction
A federal district court has original subject matter jurisdiction over all civil actions
where the matter is between citizens of different states and the amount in controversy
exceeds $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a)(1). “Citizenship is the
operative consideration for jurisdictional purposes.” Martin v. AmeriGas Propane, L.P., No.
1:24-CV-01098-TWP-TAB, 2024 WL 4953506, at *1 (S.D. Ind. July 10, 2024) (citing Meyerson
v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) (“[R]esidence and
citizenship are not synonyms and it is the latter that matters for purposes of the diversity
jurisdiction.”). In the Seventh Circuit, jurisdictional allegations must be made on personal
knowledge; asserting the citizenship of a party based on “information and belief” is
generally insufficient to establish diversity jurisdiction. Am.’s Best Inns, Inc. v. Best Inns of
Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (a jurisdictional allegation made “to the
best of my knowledge and belief” is insufficient).
Here, O’Neill has properly alleged that she is a citizen of Maryland, Southern
Illinois Hospital Services is a citizen of Illinois, and the amount in controversy well
exceeds $75,000. However, her allegations as to the citizenship of Defendants Dr. Alan
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Wilson and Amber Durham 2 are based on information and belief and, therefore, are
insufficient to establish subject matter jurisdiction. O’Neill will be granted leave to file a
Second Amended Complaint that addresses this pleading deficiency.
Legal Claims
As to the legal claims in the First Amended Complaint, the Court finds that O’Neill
has alleged sufficient facts to state a claim for relief. See Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007) (a complaint must allege enough facts to state a claim to relief that
is “plausible” on its face). Although O’Neill has not delineated specific counts or claims,
the law does not require a plaintiff, particularly one proceeding pro se, to plead any
specific legal theories. Small v. Chao, 398 F.3d 894, 898 (7th Cir. 2005). Instead, a court
“should ask whether any set of facts consistent with the complaint would give him a right
to recover, no matter what the legal theory.” Id.
Based on the facts asserted by O’Neill, the Court finds that her claims likely sound
in the Illinois torts of medical battery, intentional infliction of emotional distress, and false
imprisonment. When preparing her Second Amended Complaint, O’Neill is directed to
indicate whether she intends to proceed on these theories (and/or other legal theories)
and which claims apply to each individual Defendant. O’Neill is encouraged to review
this Court’s Pro Se Litigant Guide as well as the American Bar Association’s Pro Se
Handbook, both of which are available at: https://www.ilsd.uscourts.gov/representing-
2 The Court disregards the citizenship of the John and Jane Doe Defendants for purposes of determining
diversity jurisdiction. See Pain Ctr. of SE Indiana LLC v. Origin Healthcare Sols. LLC, 893 F.3d 454, 459 (7th
Cir. 2018) (noting that when John Does are added as nominal parties or placeholders in the event the
plaintiff identifies additional defendants during discovery, the citizenship of those defendants can be
disregarded for diversity jurisdiction).
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yourself-pro-se-litigant. O’Neill is ORDERED to file the Second Amended Complaint on
or before April 27, 2026.
O’Neill is again remined that she is under a continuing obligation to keep the Clerk
of Court and each opposing party informed of any change in her address; the Court will
not independently investigate her whereabouts. This shall be done in writing and not
later than 14 days after a change in address occurs. Failure to comply with this order will
cause a delay in the transmission of court documents and may result in dismissal of this
action for want of prosecution. See F ED. R. C IV. P. 41(b).
IT IS SO ORDERED.
DATED: 	March 26, 2026
____________________________
NANCY J. ROSENSTENGEL
United States District Judge
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