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Vida v. Walker

September 22, 2008

DAVID VIDA, PLAINTIFF,
v.
ROGER WALKER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Harold A. Baker United States District Judge

SUMMARY JUDGMENT ORDER

This cause is before the court for consideration of the plaintiff's motion for partial summary judgment [d/e 16] and the defendants motion for summary judgment. [d/e 24]

I. BACKGROUND

The plaintiff, David Vida, filed his complaint pursuant to 42 U.S.C. §1983 claiming that his constitutional rights were violated at the Pontiac Correctional Center. On July 20, 2007, the court conducted a merit review of the plaintiff's complaint and found that he had alleged the following claims:

a) Defendants Illinois Department of Corrections Director Roger Walker and Adjustment Committee Chairmen Robert

Ellinger violated the plaintiff's equal protection rights when the plaintiff was not given credit for time spent in segregation prior to a final disciplinary hearing and other similarly situated inmates were given credit for time this time on investigative status.

b) Defendant Food Service Supervisor Paul

Meyer violated the plaintiff's Eighth Amendment rights when he failed to protect the plaintiff from attack by another inmate on July 28, 2005. See June 20, 2007 Case Management Order.

The claims are against the defendants in their individual capacities.

II. FACTS

The following facts are taken from the dispositive motions and the attached exhibits:

Robert Ellinger is a Lieutenant at Pontiac Correctional Center and has served as Chairperson of the Adjustment Committee. (Def. Memo, Ex. A, Ellinger Aff, p. 1).

The Adjustment Committees Rules are cited in the Illinois Administrative Code and outlined in a Illinois Department of Corrections Rule. See 20 Ill. Admin.Code 504.80; I.D.O.C. Rule 504.80. The Adjustment Committee considers disciplinary tickets alleging rule violations against inmates. The committee is to consider relevant information before deciding whether it believes an inmate committed the alleged offense. (Def. Memo, Ex. A, Ellinger Aff, p. 1-2). The Committee members then must put their findings in writing and state the basis for their decision. (Def. Memo, Ex. A, Ellinger Aff, p. 2)

If the inmate is found guilty of some or all of the charged offenses, the Committee members recommend specific disciplinary actions. The information is contained in the Adjustment Committee Summary, which is signed by each ...


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