Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Vinning-El v. Walls

March 26, 2008

MONDREA VINNING-EL, #B-63459, PLAINTIFF,
v.
J. WALLS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM & ORDER

This matter is before the Court for Findings of Fact and Conclusions of Law following a bench trial held on August 14, 2007. The parties have submitted proposed findings of fact and conclusions of law (Docs. 239, 240) and the Court rules as follow pursuant to Fed. R. Civ. P. 52(a):

INTRODUCTION

Plaintiff, Mondrea Vinning, is an inmate in the Illinois Department of Corrections who, in August of 2001, was housed at Menard Correctional Center and was beaten in his cell by his cellmate. Plaintiff claims that: (1) defendants Donald Snyder, Jonathan Walls, and Roger Cowan implemented a policy of celling inmates by race that led to fights between plaintiff and his cellmate; and (2) defendant Scott Long failed to protect plaintiff from a risk of violence from his cellmate on August 10, 2001.

Plaintiff also claims that defendant C/O Reid failed to protect plaintiff from a risk of violence from his cellmate on August 10, 2001. On May 14, 2007, the Clerk of the Court entered default against defendant Reid for failure to plead or otherwise defend as required by the Federal Rules of Civil Procedure. Plaintiff then filed a motion for default judgment as to defendant Reid (Doc. 198). Defendant Reid did not appear at trial. Upon review of the record, the Court FINDS that plaintiff is entitled to default judgment against defendant Reid, as he is in default, and DIRECTS the Clerk of the Court to enter default judgment as more fully set forth herein. With respect to defendants Snyder, Walls, Cowan, and Long, the Court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

I. Events of August 10, 2001

On August 10, 2001, plaintiff was an inmate within the Illinois Department of Corrections. Before the 3:00 p.m. shift change on August 10, plaintiff was reassigned from cell 617 to cell 653 in the North 2 Cellhouse Segregation Unit at Menard Correctional Center. Upon arriving at cell 653, plaintiff, an African American male, realized his new cellmate was Marlon Franklin, also an African American male, with whom plaintiff had had prior altercations. An inmate who believes he is in danger from another inmate can place that inmate on his enemies list and the staff will then keep those inmates separate. Plaintiff had placed several inmates on his enemies list, but in August 2001, Marlon Franklin was not on plaintiff's list.

A. Defendant Correctional Officer Reid's Involvement

Plaintiff told defendant Reid before being placed into the cell that plaintiff and inmate Franklin had argued on prior occasions, and expressed his concerns to Reid that plaintiff and inmate Franklin would not be able to "get along," and that he was concerned that Franklin would injure him.*fn1 Reid placed plaintiff in the cell with inmate Franklin, despite plaintiff's concerns.

On August 10, at some time before the 3:00 p.m. shift change, plaintiff and Franklin engaged in a fight. During the altercation, plaintiff suffered a laceration above his left eye and a contusion to his right leg. Plaintiff testified at trial that he continues to experience sensitivity to light and poor vision while reading, as well as pain in his right leg after vigorous activity.

B. Defendant Correctional Officer Long's Involvement

Plaintiff also testified that, after the altercation, he informed defendant C/O Long, who started working at 3:00 p.m., that he had been injured. Plaintiff was taken to the infirmary, and after treatment, Long transported plaintiff back to cell 653. Plaintiff testified that he asked Long to be moved from this cell because he thought inmate Franklin and he would fight again, but Long placed him back in the cell anyway. Plaintiff testified that after Long left, plaintiff and inmate Franklin argued with each other and had a "shoving match," but plaintiff did not suffer further injury from this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.