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.

Hayes v. Hartshorn

March 17, 2009

LARRY C. HAYES, PLAINTIFF,
v.
PATRICK HARTSHORN, ET AL.,



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

MEMORANDUM OPINION AND ORDER

Before the court is the defendants' unopposed summary judgment motion [56]. On October 11, 2006, pro se Plaintiff Larry C. Hayes filed an Amended Complaint, pursuant to 42 U.S.C. § 1983, against the following Defendants: Sheriff Patrick Hartshorn, Captain John Howard, and Nurse Lynn Galloway. The court allowed the plaintiff to proceed against the Defendants in their individual capacities for the following Eighth Amendment violations: (1) excessive force; (2) failure to protect; (3) deliberate indifference to serious medical needs; and (4) inhumane conditions of confinement. These claims allegedly arise from the injuries and treatment Plaintiff received during and subsequent to his physical altercation with another inmate on November 4, 2005. Defendants now move this Court for summary judgment.

Standard

Summary judgment should be granted when the pleadings, and any depositions, answers to interrogatories, admissions on file, or affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The mere existence of factual disputes will not preclude the granting of a motion for summary judgment when the dispute does not involve a material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986). Material facts are identified by the substantive law involved, and to constitute a "genuine issue," the evidence must be such that a reasonable jury could return a verdict for the nonmoving party. Id. When the evidence is not significantly probative or is merely colorable, summary judgment is proper. Id. at 249-50.

Statement of Undisputed Facts*fn1

1. On October 11, 2006, pro se Plaintiff, Larry C. Hayes, filed an Amended Complaint against Sheriff Patrick Hartshorn, Captain John Howard, Jack Howard, "Barrett," "Luke," and "Linda or a.k.a. Nurse Cookie." See ECF Dkt. Rep., # 21.

2. On July 12, 2007, this Court dismissed all claims against Defendants in their official capacities and held that Plaintiff's Amended Complaint contained only the following four claims alleged against Defendants in their individual capacities: (a) excessive force; (b) failure to protect; (c) deliberate indifference to serious medical needs; and (d) inhumane conditions of confinement. See ECF Merit Review Order, July 12, 2007.

3. Only Defendants Patrick Hartshorn, John Howard and Nurse Lynn "Cookie" Galloway were served with Plaintiff's Amended Complaint. See ECF Dkt. Rep., ## 35-39 and Orders, Aug. 15, 2007, and Aug. 29, 2007.

4. Plaintiff's claims against Defendants Hartshorn, Howard, and Galloway arise from an incident on November 4, 2005, at the Vermilion County Jail, located at the Public Safety Building at 2 East South Street, Danville, Illinois 61832. (Plaintiff's Amended Complaint, attached hereto as Exhibit A).

5. At all times relevant, Defendant Hartshorn was Sheriff of the Vermilion County Sheriff's Department, Defendant Howard was Captain of the Patrol Division of the Vermilion County Sheriff's Department, and Defendant Galloway was head nurse of the Vermilion County Jail located at the Danville Public Safety Building. (Sheriff Hartshorn, Captain Howard and Nurse Galloway Affidavits, ¶¶ 1-3, respectively, and attached hereto as Group Exhibit B).

6. On Friday, November 4, 2005, at approximately 5:30 p.m., Plaintiff and the other inmates at the Vermilion County Jail were being served dinner in the day room. (Plaintiff's Deposition, pp. 10-12, attached hereto as Group Exhibit C).

7. Prior to Plaintiff receiving his dinner, he and fellow inmate, Andre Hanserd, engaged in a physical altercation. (Grp. Ex. C, Pl. Dep., pp. 10-12).

8. Plaintiff testified that during this altercation, he hit Hanserd with "a couple of shots," resulting in Hanserd bleeding from his mouth. (Grp. Ex. C, Pl. Dep., p. 19).

9. Correctional officers then told the inmates "to lock up" before three correctional officers entered the day room to break up the fight. (Grp. Ex. C, Pl. Dep., p. 14).

10. Plaintiff continued to fight Hanserd. (Grp. Ex. C, Pl. Dep., p. 54).

11. According to Plaintiff, Correctional Officer Luke Smith sprayed pepper spray on Plaintiff and took Plaintiff to the ground to break up the physical altercation. (Grp. Ex. C, Pl. Dep., pp. 14-16, 54-56).

12. Officer Smith then handcuffed Plaintiff, before escorting him to the visiting room, where Plaintiff remained for approximately fifteen ...


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.