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Butler v. Walker

September 28, 2009

REGINALD BUTLER, PLAINTIFF,
v.
ROGER WALKER, ET AL., DEFENDANTS.



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

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT

Before the court are the defendants, Rosenberg, Gilbert, Smithson, Jackie Miller, Sherry Benton, Roger Walker, Eddie Jones, Anabelle Motteler and D Lingle's summary judgment motion [31], the plaintiff's response [39] and the defendants' reply [40].

Background

In the court's September 5, 2007 merit review order, the court found that the plaintiff's claim regarding a July 11, 2006-incident (altercation with another inmate) at Centralia was barred by Heck v. Humphrey. The plaintiff lost good time as part of that punishment, so his procedural due process challenges under 42 U.S.C. § 1983 are not cognizable, as dictated by a line of Supreme Court cases starting with Heck v. Humphrey,512 U.S. 477, 484-487 (1994). The defendants, Ainslie, Combs, Clontz, Hawes, Sink and Lambert were terminated. The court allowed the plaintiff to proceed only on his claim of excessive force. The remaining defendants are Roger Walker, Director of IDOC, Eddie Jones, CAO Pontiac Prison, Anabelle Motteler, D Lingle, Adjustment Committee Chairperson. Rosenberg, Correctional Officer, Gilbert, Correctional Officer, Smithson, Correctional Officer, Jackie Miller, member of the Administrative Review Board Chairperson-Officer of Inmate Issues, and Sherry Benton, member of the Administrative Review Board.

Undisputed Material Facts*fn1

1. At all times relevant to the complaint, the plaintiff was incarcerated at Pontiac Correctional Center. (Complaint [1].)

2. At all times relevant to the complaint, the defendants were employed by the Illinois Department of Corrections and acted under color of state law. (Id.)

3. On July 11, 2006, the plaintiff received three disciplinary reports for assault, fighting and causing a dangerous disturbance at Central Correctional Center. (Affidavit of Sherry Benton, para. 10(a), Ex. Ex. B.)

4. The plaintiff was immediately transferred to Pontiac. (Complaint [1].)

5. The plaintiff alleges that upon his arrival at Pontiac, he was assaulted by the defendants, Smithson, Rosenberger and Gilbert. (Id.)

6. Pontiac's Adjustment Committee held a hearing on all three tickets and found him guilty on July 17, 2006. The defendants, Lingle and Motteler were members of the Adjustment Committee. (Ex. B, para. 10(a).)

7. The defendant, Jones concurred in the finding on July 25, 2006. (Ex. B, para. 10(a).)

8. The plaintiff appealed his guilty finding to the Director's Office. (Ex. B, para 10(a).)

9. On August 28, 2006, the ARB received from the plaintiff a grievance dated July 27, 2006, complaining about the disciplinary process associated with his guilty finding. Although the plaintiff mentions in four lines of that grievance that an officer cut him and almost broke his wrist, he does not identify the officer ...


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