The opinion of the court was delivered by: Harold A. Baker United States District Judge
This cause is before the court for consideration of the defendants' motion for summary judgment. [d/e 38]
The plaintiff, a state prisoner, filed his complaint pursuant to 42 U.S.C. §1983 and has the following surviving claim against Bureau County Sheriff John Thompson: the defendant violated the plaintiff's Fourteenth Amendment rights based on living conditions at the jail. See December 3, 2008 Merit Review Order.
The defendant has filed a motion for summary judgment and the plaintiff has filed a response.
The plaintiff did not directly respond to the defendant's statement of undisputed facts. However, based on the plaintiff's overall response to the dispositive motion, the following facts appear to be undisputed:
John Thompson says he is the Bureau County Sheriff and responsible for the operation of the Bureau County Jail.
Thompson says all his correctional officers are required by statute to successfully complete 240 hours of training at the Police Training Institute. The training includes criminal law, firearms, dispute resolution techniques and other items. Thompson says all of his full time jail officers have competed this training.(Def. Memo, Thomp. Aff, p. 2).
Thompson says the Bureau County Jail does not have fire sprinklers because it was built before there was a requirement. However, Thompson claims the jail does have a smoke detector system and fire extinguishers throughout the jail. Thompson says the detectors are inspected once a year and all personnel are familiar with both how to use them and the jail's fire evacuation procedures. (Def. Memo, Thomp. Aff, p. 3).
The Sheriff says he is not aware of any asbestos in the Bureau County Jail and there are no asbestos containing products associated with the furnace or ventilation system. (Def. Memo, Thomp. Aff, p. 3). In addition, the sheriff says any plumbing problems in the jail are repaired "expeditiously" by a licensed plumbing contractor.
Glen Wamhoff says he is a mason contractor who was asked to perform repairs on two occasions at the Bureau County Jail. Wamhoff says he was asked to repair areas where inmates had been picking at the mortar and he covered those areas with epoxy so they would not be able to continue chipping at the wall. Wamhoff says based on his two jobs at the jail in 2008, he is familiar with the integrity of the walls in the jail and he finds that they are "structurally sound." (Def. Memo, Wamhoff Aff, p. 2)
Thompson says the Bureau County States Attorney reviews the legal materials in the jail's law library to insure they meet all state requirements. Thompson adds the jail library does have a copy of the Illinois Compiled Statutes. (Def. Memo, Thomp. Aff, p. 4).
Thompson says the Bureau County Board approved funds for the design of architectural plans to remodel the jail, but due to costs the proposal did not proceed. The Sheriff says he then sough federal grant support, but was the jail was not selected. In September of 2005, Bureau County was awarded $50,000 to repair jail cell doors and locks. Thompson says he also used his annual budget to pay for upgrades to the jail video system.
Thompson says the jail is inspected once a year by the Jail Detention Standards Unit (herein JDSU) of the Illinois Department of Corrections to see if it is compliance with state standards. The Bureau County Jail was inspected on November 15, 2007, and September 17, 2008, and was found to be in compliance with those standards. (Def. Memo, Thomp. Aff, p. 2).
Brad Besson is the acting manager of the Illinois Department of Corrections Jail and Detention Standards Unit. Besson says an annual inspection of a jail would rate the various ...