The opinion of the court was delivered by: Michael P. McCuskey United States District Judge
Before the court is the defendants' unopposed*fn1 summary judgment motion, d/e 32.
A party moving for summary judgment must show, from the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, . . ." that there is no genuine issue of material fact and that the "moving party is entitled to judgment as a matter of law. Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir. 2001), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986);Fed. R. Civ. P.56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Herman v. National Broadcasting Co., Inc., 744 F.2d 604, 607 (7th Cir. 1984), cert. denied, 470 U.S. 1028 (1985). This burden can be satisfied by "'showing'--that is, pointing out to the district court--that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325. If such a showing is made, the burden shifts to the non-movant to "set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Outlaw, 259 F.3d at 837. A nonmoving party cannot rest on its pleadings, but must demonstrate that there is admissible evidence that will support its position. Tolle v. Carroll Touch, Inc., 23 F.3d 174, 178 (7th Cir. 1994). Credibility questions "defeat summary judgment only '[w]here an issue as to a material fact cannot be resolved without observation of the demeanor of witnesses in order to evaluate their credibility.'" Outlaw, 259 F.3d at 838, citing Advisory Committee Notes, 1963 Amendment to Fed. R. Civ. P. 56(e)(other citations omitted).
In determining whether factual issues exist, the court must view all the evidence in the light most favorable to the non-moving party. Beraha v. Baxter Health Corp., 956 F.2d 1436, 1440 (7th Cir. 1992). However, Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322. "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party there is no 'genuine' issue for trial." Mechnig v. Sears, Roebuck & Co., 864 F.2d 1359 (7th Cir. 1988). A "metaphysical doubt" will not suffice. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Disputed facts are material only if they might affect the outcome of the suit. First Ind. Bank v. Baker, 957 F.2d 506, 507-08 (7th Cir. 1992). "Summary judgment is not a discretionary remedy. If the plaintiff lacks enough evidence, summary judgment must be granted." Jones v. Johnson, 26 F.3d 727, 728 (7th Cir. 1994).
The plaintiff, Daniel Cirilla has brought a civil rights complaints pursuant to 42 U. S. C. § 1983 against five defendants, including Kankakee County Chief of Corrections Michael Downey and four corporal or correctional officers, Barb Dyer (sued as Dyer), Carol Curwick (sued as Curwick), Jessie Rodriguez (sued as Mr. Rodriguez) and Todd Schloendorf. The plaintiff claims that he was assaulted five times between June 30 and July 22, 2003. He claims that the defendants failed to prevent the beatings and they failed to ensure that he receive appropriate medical care.
The plaintiff alleges the defendants violated the plaintiff's due process rights when they, with deliberate indifference, failed to protect the plaintiff from being assaulted by other pre-trial detainees on several occasions and failed to provide him with immediate medical care.
Undisputed Material Facts*fn2
1. The plaintiff, Daniel Cirilla is an inmate currently incarcerated at the Taylorville Correctional Center and has been at Taylorville since September 2005 (Ex. 1-Deposition of Plaintiff, p. 5). Before that time, the plaintiff was an inmate for 1-1/2 years at the Pinckneyville Correctional Center.
2. Between June 30, 2003 and January 29, 2004, the plaintiff was incarcerated at the Kankakee County Jail as a pre-trial detainee (Ex. 1, p. 6; Comp. ¶¶ 5, 11).
3. At all relevant times, defendant Michael Downey was the Chief of Corrections for the Kankakee County Jail (Defendants' Answer to Complaint ¶ 6, d/e 23).
4. At all relevant times, defendants Barb Dyer, Carol Curwick, Jessie Rodriquez, and Todd Schloendorf were correctional officers employed by Kankakee County (Defendants' Answer to Complaint ¶¶ 7-10).
5. On June 30, 2003, the plaintiff was arrested by Kankakee City police. (Comp. ¶ 19, Ex. 1, p. 6).
6. After being booked and processed at the Kankakee County Jail, the plaintiff was placed in the jail's "drunk tank" (Ex. 1, pp. 6-8). The plaintiff remained housed there for approximately 22 days (from June 30, 2003 until July 22, 2003), after which time the plaintiff was moved to the jail's medical dormitory (Answer to Comp., ¶ 23, Ex. 1, p. 53).
7. The plaintiff claims that he was involved in four altercations/fights on four separate dates between June 30-July 21 with four different inmates during his stint in the drunk tank (Ex. 1, pp. 27-45).
8. The plaintiff claims that he was kicked and punched during the first altercation by an unknown inmate but the plaintiff didn't suffer any injuries other than some bruising (Ex. 1, p. 29).
9. The plaintiff claims that he was kicked and punched during the second altercation by an unknown inmate and that his ribs and mouth were bruised after the second altercation (Ex. 1, pp . 35-36).
10. The plaintiff claims that he was punched during the third altercation by an unknown inmate and that he was bruised after the ...