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Pickett v. Detella

August 28, 2007

OZZIE PICKETT, PLAINTIFF,
v.
GEORGE E. DETELLA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

REPORT AND RECOMMENDATION

This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Michael J. Reagan pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on the Motion for a Temporary Restraining Order (Doc. 139) and the Motion for a Preliminary Injunction (Doc. 139). For the reasons set forth below, it is RECOMMENDED that these motions be DENIED, and that the Court adopt the following findings of fact and conclusions of law:

FINDINGS OF FACT

In this action, Plaintiff named 80 defendants who have allegedly violated his rights over the last several years while he has been at Tamms Correctional Center. The Complaint sets forth a detailed chronology of events that occurred from June 16, 1997, through July 31, 2002. The overriding theme in the complaint is that all Defendants have conspired against Plaintiff and have taken various actions against him in retaliation for his constant barrage of grievances and lawsuits filed against members of the Illinois Department of Corrections.

On August 27, 2007, this Court held a final pretrial conference in which it was agreed that the following defendants remain in this case: Scott Steward, Jacob Null, Larry Henderson, Mark Bowers, John Wolf, B Shield, E Plott, Jerrod Walker, Major Riley, Frank Rice, Charles Hinsely, Supt Gossett, and John Cox. It was further agreed that the following counts remain for trial: Count 1: Plaintiff alleges that on September 18, 2000, Defendants Stewart and Walker assaulted Plaintiff while escorting him to his cell. He further alleges that Defendants Stewart and Walker denied Plaintiff medical attention for his injuries. Count 2: Plaintiff alleges that on June 28, 2001, Defendant Rice assaulted Plaintiff while escorting him to his cell. Later that day, Defendants Bowers and Null assaulted Plaintiff before transferring Plaintiff to the mental health unit.

Count 3: Plaintiff alleges that on September 26, 2001, Defendant Henderson issued a disciplinary ticket against Plaintiff in retaliation for Plaintiff's complaints to Internal Affairs about harassment he had allegedly received from Defendant Henderson. Plaintiff further alleges that, later that same day, Defendants Shields and Plott stripped Plaintiff of all of his property and left him in a cold air-conditioned cell for three days.

Count 4: Plaintiff alleges that on November 20, 2001, Defendant Null issued a false disciplinary report against Plaintiff in retaliation for Plaintiff's complaints to Internal Affairs. Plaintiff further alleges that, later that same day, Defendants Plott and Hinsley stripped Plaintiff of all of his property and left him in a cold cell for an unspecified time.

Count 5: Plaintiff alleges that on November 29, 2001, Defendants Wolfe, Null, Plott, Gossett, and Riley conspired to confine Plaintiff to a cold stripped cell in retaliation for Plaintiff's filing of grievances and lawsuits.

Count 6: Plaintiff alleges that on December 4, 2001, Defendants Null and Wolfe stripped Plaintiff of all of his legal property and issued false disciplinary reports against Plaintiff in retaliation for Plaintiff's filing of grievances and lawsuits.

Count 7: Plaintiff alleges that on May 31, 2002, Defendants Cox and Wolfe assaulted Plaintiff and then filed a false disciplinary report against Plaintiff in retaliation for Plaintiff's filing of grievances and lawsuits.

On July 16, 2007, Plaintiff filed a Motion for Temporary Restraining Order (Doc. 139) and Preliminary Injunction (Doc. 139). On August 2, 2007, Plaintiff filed a Motion to Conform to the Evidence in support of his Motion for Temporary Restraining Order and Preliminary Injunction (Doc.136). It appears that Plaintiff seeks the following:

1. Plaintiff asks the Court to prevent certain prison officials from having any contact with Plaintiff or, in the alternative, to order Plaintiff's transfer to the custody of the United States Federal Marshals (Doc. 139 at 9).

2. Plaintiff asks the Court to order the immediate return of Plaintiff's legal documents and personal property and to provide Plaintiff with access to his legal property (Doc. 139 at 9).

3. Plaintiff asks the Court to order the immediate transfer of Plaintiff to a different housing wing or, in the alternative, to order Plaintiff's transfer to the custody of the ...


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