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WALKER v. GODINEZ

September 13, 1995

CLARENCE WALKER, Plaintiff,
v.
SALVADOR GODINEZ, WALTER LASETER, RON FLEMING, and CURTIS MODE, Defendants.



The opinion of the court was delivered by: ASPEN

 MARVIN E. ASPEN, Chief Judge:

 Plaintiff Clarence Walker brings this pro se action under 42 U.S.C. § 1983 against Defendants Salvador Godinez, Warden of Stateville Correctional Center, and correctional officers Walter Laseter, Ron Fleming, and Curtis Mode. Walker alleges that the defendants violated his Eighth Amendment right to be free from cruel and unusual punishment by being deliberately indifferent to his serious medical needs. Presently before us are the parties' cross-motions for summary judgment. *fn1" For the reasons set forth below, we deny the motions.

 I. Background

 The plaintiff is a sixty-five year old inmate at Stateville, incarcerated in Stateville's "F House," a general inmate housing facility. Walker suffers from a number of medical problems, including asthma, emphysema, and diabetes. The plaintiff maintains that, on several occasions, correctional officers Laseter and Mode directly and persistently blew cigarette smoke into his face, causing violent asthma attacks requiring medical treatment. Walker further alleges that he orally reported these incidents to Warden Godinez and F House Superintendent Fleming.

 A. Correctional Officer Laseter

 Specifically, Walker asserts that, on March 19, 1994, the plaintiff visited Laseter in the sergeant's office in F House; Laseter was acting sergeant at the time. According to Walker, he asked Laseter to call a medical technician to help Walker inject a daily insulin shot. Laseter allegedly ordered the plaintiff to leave the office, but Walker remained and insisted that Laseter call a medical technician.

 Walker claims that Laseter replied, "I know how to get rid of you," lit a cigarette, and blew smoke in the plaintiff's face. Plaintiff's 12(N) at P 10-11. *fn2" As Walker tried to evade the smoke, Laseter allegedly chased the plaintiff and yelled "die mother f/--er die." Plaintiff's 12(N) at P 10. An asthma attack allegedly gripped Walker, causing him to cough uncontrollably, gasp for air, and secrete mucus from his nose and mouth. Plaintiff's 12(N) at P 10. Walker asserts that "other Staff members" called a medical technician, who administered "two breathing treatment[s]" to the plaintiff in order to restore normal breathing. Plaintiff's 12(N) at P 11. The plaintiff's medical records from the prison Health Care Unit reveals that the medical technicians recorded one breathing treatment at 3:25 pm on March 19, 1994. Defendants' Resp. to 12(N) at P 11.

 According to Walker's deposition testimony, Laseter committed similar acts against the plaintiff two or three times. Plaintiff's Dep. at 37. Laseter denies ever blowing smoke in Walker's face. Defendants' 12(M) at P 11.

 B. Correctional Officer Mode

 As to Mode, Walker claims that, on March 10, 1994, the plaintiff was eating breakfast in the prison dining room when Mode sat down at the table. Mode allegedly lit a cigarette and began to blow smoke into Walker's face. Plaintiff's 12(N) at P 12. Walker asserts that he asked Mode to leave the table; Mode refused, so Walker moved to another table. Plaintiff's 12(N) at P 13. The plaintiff maintains that Mode followed him to the other table and continued to blow smoke at Walker's face. Plaintiff's 12(N) at P 13. Walker claims to have suffered an asthma attack similar to the one induced by Laseter; the plaintiff coughed uncontrollably, gasped for air, and secreted mucus from his nose and mouth. Plaintiff's 12(N) at P 13.

 According to Walker, the correctional officers in the dining room permitted him to leave, and he returned to his cell in F House. Plaintiff's Dep. at 26-27; Plaintiff's 12(N) at P 13-14. The plaintiff asserts that a Medical Technician was summoned and administered two breathing treatments. Plaintiff's 12(N) at P 14. Walker's medical records from the prison Health Care Unit reveal that the medical technicians recorded three breathing treatments on March 10, 1994, administered at 1:55 am, 8:00 am, and 2:00 pm. Defendant's Resp. to 12(N) at P 14.

 Mode allegedly committed similar acts two more times. Plaintiff's Dep. at 29. Mode denies ever blowing smoke in Walker's ...


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