The opinion of the court was delivered by: Shadur, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
In accordance with Fed.R.Civ.P. ("Rule") 52(a), this Court finds the
facts specially as set forth in the following Findings of Fact
("Findings") and states the following Conclusions of Law
("Conclusions"). To the extent if any the Findings as stated reflect
legal conclusions, they shall be deemed Conclusions; to the extent if any
the Conclusions as stated reflect factual findings, they shall be deemed
I. Stipulated Facts and Related Background
1. From April or May 1980 through June 2, 1982 Thomson was an inmate at
Stateville in Joliet, Illinois. Since that time Thomson has been an
inmate at Pontiac Correctional Center ("Pontiac").
2. DeRobertis was Acting Warden at Stateville from July 1980 through
March 26, 1981. On March 26, 1981 DeRobertis became Warden at
Stateville, and he served in that capacity until November 19, 1983.
3. Since some time before January 22, 1981 Baskin has been, and he
still is, a guard at Stateville. Baskin was on a medical leave of absence
from Stateville between October 13, 1981 and November 1982 because of an
4. For some time before January 22, 1981 Jones was a guard at
Stateville. Jones continued as a guard at Stateville until he resigned
September 30, 1981.
5. For some time before January 22, 1981 Sheldon was a guard at
Stateville. Sheldon continued as a guard at Stateville until June 8,
6. Security personnel at Stateville range upward from Correctional
Officer or guard (the lowest level) successively through the ranks of
Sergeant, Lieutenant, Captain, Major, Unit Superintendent, Assistant
Warden for Programs and Operations, and Warden.
7. For some time before January 22, 1981 Thomson resided in Stateville
Cell House B-West. He was a maintenance ("cellhouse help") worker in
B-West until that date. At that time Jones told Thomson he was fired from
that job and charged Thomson in a resident disciplinary report
("ticket"), which was later dismissed by the Adjustment Committee (PX
10-11). Thomson was returned to cellhouse help work status January 24,
the day before the episode that is the main focus of this action and is
described in later Findings.
8. Thomson was seen by medical personnel at Stateville on January 25
and 26 and February 5, 1981 (after the January 25 episode to be described
9. Illinois Department of Corrections ("Department") Administrative
Regulation ("A.R.") 410 both (a) forbids prison personnel from using
unnecessary force against an inmate and (b) provides that employees who
improperly use force against an inmate shall be subjected to immediate
disciplinary action. A.R. 803 forbids prison personnel from administering
corporal punishment to an inmate. Both those A.R.s are designed for the
protection of inmates.
10. A.R. 804 forbids inmates from violating institutional rules.
11. DeRobertis never discussed Thomson, his lawsuit or the facts
alleged in Thomson's Complaint in this action with Jones, Baskin or
12. On October 19, 1981 Department's Internal Investigations Department
coneluded Jones and Baskin had used excessive force toward Thomson on at
least two separate occasions on January 25, 1981.
14. All tickets prepared on January 25, 1981 by Stateville employees as
to Thomson were either dismissed or expunged.
15. Stateville's policy requires that all correctional officers be
formally reviewed annually.
II. Thomson's Behavior and His Credibility
16. Thomson received 57 tickets (exclusive of the tickets referred to
in Finding 14) between August 1980 and February 1983, for violations of
various rules stated in A.R. 804. Except for the November 20, 1981 ticket
referred to below (see DX 98 and 99), Thomson was found guilty by the
institutional Adjustment Committee of each of the following charges:
DATE OF REPORT REPORTING OFFICER CHARGE
1. August 14, 1980 Off. Holt cursing an officer
(DX 12, 13)
2. October 16, 1980 Off. Choate hitting another resident in
(DX 14, 15) the eye
3. January 12, 1981 Off. Holt disrespect to staff and disobeying
(DX 16, 17) an order
4. January 12, 1981 Off. Rosen disobeying an order
(DX 18, 19)
5. February 23, 1981 Off. Thomas refusal of transfer to Cellhouse C
(DX 20, 21)
6. February 26, 1981 Off. Sheldon refusal of transfer to Cellhouse C
(DX 22, 28)
7. March 4, 1981 Off. Sheldon refusal of transfer to Cellhouse C
(DX 24, 25)
8. March 7, 1981 Off. Rabideau refusal of authorized transfer
(DX 26, 27)
9. March 8, 1981 Off. DeMeulemeister refusal to be locked up
(DX 28, 29)
10. March 8, 1981 Off. DeMeulemeister running away from officer
(DX 30, 31, 32, 33) Off. Sweet in the cellhouse
11. March 9, 1981 Off. Bush running between emergency
(DX 34, 35) room and hospital gate
12. March 27, 1981 Off. Comp eating in the dining room
(DX 36, 37) at an unauthorized time,
failing to lock up
13. April 1, 1981 Off. Sheldon refusal of transfer to Cellhouse C
(DX 38, 39)
14. April 4, 1981 Off. Sheldon refusal of transfer to Cellhouse C
(DX 40, 41)
15. April 5, 1981 Off. Bak cursing, exposing his penis
(DX 42, 43) to correctional officer
16. April 12, 1981 Off. Farmer cursing, running on gallery
(DX 44, ...