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 43]
The plaintiff, a state prisoner, filed his complaint pursuant to 42 U.S.C. §1983 against five defendants from the McLean County Jail including Sergeants Joseph Schapmire, Timothy Boyd and Jennifer Reuter; Melinda Fellner and Kenneth Pacha.
The plaintiff has the following surviving claims:
1) Defendants Schapmire, Boyd, Reuter and Fellner violated his constitutional rights when they failed to protect the plaintiff from an inmate attack in November of 2008;
2) Defendants Schapmire and Pacha violated the plaintiff's constitutional rights when they used excessive force on November 6, 2008;
3) Defendant Reuter violated the plaintiff's constitutional rights when she failed to protect the plaintiff on November 6, 2008. July 8, 2009, Case Management Order, #2.; see also March 11, 1009 Merit Review Order; May 5, 2009 Case Management Order.
The plaintiff did not respond to the defendants statement of undisputed facts:
Defendant Melinda Fellner says she is the Inmate Assessment Specialist at the McLean County Jail and is responsible for interviewing, accessing and classifying inmates at the jail. (Def. Memo, Ex.1, Fel. Aff., p. 1). Fellner says she has access to documents relating to inmate concerns and safety issues. Fellner says she has reviewed these documents and there never was a "no contact" order between the plaintiff and Bradley Shipp. (Def. Memo, Ex.1, Fel. Aff., p. 2).
Fellner says while there were some personal issues between Jerome Harris and Bradley Shipp prior to November 6, 2008, she had no knowledge of a substantial risk of harm to either of them. (Def. Memo, Ex.1, Fel. Aff., p. 2) The defendants have provided copies of the following inmate request forms from both inmates prior to the November 6, 2008 incident:
NOVEMBER 4, 2008: INMATE REQUEST FORM (plaintiff)
The plaintiff says he promises to stay out of trouble from now on, but he does not get along with Bradley Shipp. The plaintiff is apparently asking that Shipp be moved because he doesn't want to have a fight. The response tells the plaintiff "you'll need to get along." (Def. Memo, Ex. 5)
NOVEMBER 5, 2008: INMATE REQUEST FORM (Shipp)
This form is from Inmate Shipp and he tells "Melinda" that he is not safe. He says the plaintiff has threatened to punch him. He warns that he may get into a fight due to the plaintiff's anger. The response tells Inmate Shipp that he is response for his own actions ...