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WILSON v. SCHOMIG

September 30, 1994

MELVIN WILSON, Plaintiff,
v.
JAMES SCHOMIG, VERNON SCOTT and ADRIENNE JOHNSON, Defendants.



The opinion of the court was delivered by: MARVIN E. ASPEN

 MARVIN E. ASPEN, District Judge:

 Plaintiff Melvin Wilson, an inmate at the Stateville Correctional Center in Joliet, Illinois ("Stateville"), brings this six count complaint against defendants Warden James Schomig, Case Worker Supervisor Vernon Scott and Adjustment Committee Chair Adrienne Johnson. *fn1" Before this court are defendants' motions for summary judgment. For the reasons set forth below, defendants' motion is granted in part and denied in part.

 I. Background *fn2"

 On August 1, 1991, Wilson was terminated from his assignment at I-House along with 12 other inmates, and was reassigned to the B-East unit pursuant to orders given by Case Worker Scott. Wilson refused to be transferred to B-East, but rather, insisted that he be assigned to G-Dorm along with a majority of the other inmates who were moved from I-House. Because Wilson refused to pack his personal belongings and move to B-East, he alleges that retaliatory measures were taken against him by prison officials. First, he was placed in a segregation unit and was told he would not be reassigned until he agreed to move to B-East. Second, prison officials threatened to transfer Wilson to another facility if he continued to refuse his new assignment. Finally, Wilson received numerous disciplinary reports and administrative penalties for refusing to accept his cell assignment. *fn4"

 On August 7, 1991, Wilson was moved to cell 3B05 in the segregation unit. Plaintiff alleges a myriad of problems with this cell: it was dirty and dusty, it was infested with roaches, the mattress was stained with urine and feces, the toilet had feces on and around it, the walls were covered with gang signs, and the ceiling leaked water when it rained. Plaintiff claims that he complained to the staff about these conditions, but that they refused to provide him with cleaning materials. However, plaintiff does admit that he was able to use another inmate's cleaning materials to properly clean the cell.

 In January 1992, while plaintiff was still housed in cell 3B05, the heating system for "B wing" of the prison broke down. Consequently, plaintiff's cell was without heat for approximately three days while the temperature outside fell below freezing. Wilson claims that prison officials did not provide him with any kind of assistance during this period to help him deal with the cold temperatures.

 On April 10, 1992, Wilson was moved to cell 3F11 in the segregation unit. Plaintiff also found this cell unfit to live in because it did not have any working electric lights. Wilson claims that he complained of this condition to the gallery officers on numerous occasions. Although a cell house helper came to fix the lights on May 19, 1992, he was unable to repair them at that time.

 Wilson was moved to another unit, 3C12, on July 2, 1992. He contends that prison officials again threatened him that if he continued to refuse his new assignment, he would be transferred to another prison in the Southern District of Illinois and be placed with a cellmate. Wilson claims that because some of his enemies are housed at correctional facilities in the Southern District of Illinois, his life would be endangered if he was transferred there. Additionally, he claims that the last time he was assigned a cellmate the individual went through his belongings and subsequently testified against Wilson in a criminal trial. Faced with these threats, Wilson finally agreed on September 2, 1992 to be moved to the B-East section of Stateville.

 Wilson, acting pro se, filed this six count complaint against defendants on June 25, 1993, pursuant to 42 U.S.C. ยง 1983. Defendant's now move for summary judgment on all of Wilson's claims, as well as on their defense of qualified immunity.

 Under Federal Rule of Civil Procedure 56(c), summary judgment is appropriate if "there is no genuine issue of material fact and . . . the moving party is entitled to judgment as a matter of law." This standard places the initial burden on the moving party to identify "those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986) (quoting Fed. R. Civ. P 56(c)). Once the moving party has met this burden of production, the non-moving party "must set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(c); see Maxwell v. City of Indianapolis, 998 F.2d 431, 433 (7th Cir. 1993). In deciding a motion for summary judgment, the facts must be read in a light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, ...


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