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Davis v. County of Madison

May 20, 2009

MATTHEW A. DAVIS, PLAINTIFF,
v.
COUNTY OF MADISON, ILLINOIS, BOB HERTZ, JOE GULASH, BOB HOLLENBECK, BRAD BESSON, JOHN P. CHIURATO, DENNIS FISCHER, DIANE FRITSCHLE, JASON GILBERT, JOHN LAKIN, PETE MOORE, ROBERT POSTON, RODNEY SCHAAKE AND RANDY YOUNG, DEFENDANTS.



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

MEMORANDUM and ORDER

A. Introduction and Overview of Claims

In accordance with Federal Rule of Civil Procedure 56, two named Defendants herein -- Robert Hertz and John Lakin -- seek summary judgment. They argue that Plaintiff Matthew Davis has failed to establish their personal involvement in any of the alleged constitutional violations (Doc. 109). Hertz and Lakin support their position with excerpts from Davis' deposition (Doc. 109-2). Davis has filed a response opposing summary judgment with a wide array of supporting documentation (Docs. 110 and 110-2).

Davis, proceeding pro se, initiated the above-captioned civil rights action while a pretrial detainee in the Madison County Jail, within this Judicial District. Davis alleged that prison officials violated his constitutional rights in a variety of ways (Doc. 1). Davis later was transferred to the custody of the Illinois Department of Corrections (Doc. 9). At this juncture, Davis' pro se second amended complaint controls (Doc. 71), even though he now is represented by counsel.

The second amended complaint asserts the following against Defendants Hertz and Lakin:

1. Sheriff Hertz, in his individual and official capacities, subjected Davis to punishment -- in terms of cell assignment, privileges and amenities -- without affording him due process, in violation of the Fourteenth Amendment;

2. Sheriff Hertz, in his individual and official capacities, subjected Davis to conditions of confinement that amounted to punishment of a pretrial detainee, in violation of the Fourteenth Amendment;

3. Sheriff Hertz, in his individual and official capacities, placed Davis in an isolation cell and restricted his privileges after Davis was charged with a rule infraction, when other detainees who committed rule infractions were placed in cell block E-South and afforded more privileges, thereby denying Davis equal protection under the law, in violation of the Fourteenth Amendment;

4. Sheriff Hertz, in his individual capacity, moved Davis to segregation and denied him various rights and privileges in retaliation for Davis filing this action and various grievances, all in violation of the First Amendment;

5. Sheriff Hertz, in his individual and official capacities, suspended Davis' mail privileges (including communications with his attorney and receipt of religious books and materials), in violation of the First Amendment;

6. Sheriff Hertz and Chief Deputy Lakin, in their individual and official capacities, precluded Davis from receiving books and magazines (including legal, religious and "adult entertainment" books and magazines) and/or censored what type of books and magazines were allowed, in violation of the First Amendment; and

7. Sheriff Hertz and Chief Deputy Lakin, in their individual and official capacities, precluded Davis from practicing his religion, in violation of the First Amendment, because he did not declare he was a Muslim at the time he was booked into the jail.

B. Relevant Legal ...


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