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Donnie White v. Eddie Jones

March 8, 2011

DONNIE WHITE, PLAINTIFF,
v.
EDDIE JONES, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Joe Billy McDade Senior United States District Court

E-FILED

Tuesday, 08 March, 2011 10:05:29 AM

Clerk, U.S. District Court, ILCD

MEMORANDUM OPINION AND ORDER

Before the court are the Defendant, Hosaia Brown's summary judgment motion [187], the Plaintiff, Donnie White's response [189] and the Defendant's reply [190]. Defendant moves for summary judgment pursuant to "730 ILCS 5/2-1005," a statute that does not exist. The court reasonably assumes this was a typographical error and based on contents of the Defendant's memorandum, his intention was to move pursuant to Fed. R. Civ. Pro. Rule 56 and 42 U.S.C. 1997e(e) .

Standard

Summary judgment should be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Any discrepancies in the factual record should be evaluated in the non-movant's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59 (1970)). The party moving for summary judgment must show the lack of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). In order to be a "genuine" issue, there must be more than "some metaphysical doubt as to the material facts." Matsushita Elec. Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson, 477 U.S. at 248.

"Summary judgment is the 'put up or shut up' moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of events." Johnson v. Cambridge Indus., Inc., 325 F.3d 892, 901 (7th Cir. 2000). "If a party . . . fails to properly address another party's assertion of fact as required by Rule 56(c), the court may . . . grant summary judgment if the motion and supporting materials -- including the facts considered undisputed -- show that the movant is entitled to it." Fed. R. Civ. P. 56(e). A party opposing summary judgment bears the burden to respond, not simply by resting on its own pleading but by "set[ting] out specific facts showing a genuine issue for trial." See Fed. R. Civ. P. 56(c). In order to be a "genuine" issue, there must be more than "some metaphysical doubt as to the material facts." Matsushita Elec. Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "If [the non-movant] does not [meet his burden], summary judgment should, if appropriate, be entered against [the non-movant]." Fed. R. Civ. P. 56(e). Further, "[t]he plaintiff cannot merely allege the existence of a factual dispute to defeat summary judgment .. Instead, he must supply evidence sufficient to allow a jury to render a verdict in his favor." Basith v. Cook County, 241 F.3d 919, 926 (7th Cir. 2001). Specifically, the non-moving party "must present sufficient evidence to show the existence of each element of its case on which it will bear the burden at trial." Filipovic v. K&R Express Systems, Inc., 176 F.3d 390, 390 (7th Cir. 1999). Failure by the non-movant to meet all of the above requirements subjects him to summary judgment on his claims.

Affidavits must be based on the personal knowledge of the affiant and "set out facts that would be admissible in evidence." Fed. R. Civ. P. 56(c)(4) (emphasis added). Personal knowledge may include inferences and opinions drawn from those facts. Visser v. Packer Eng. Assoc., Inc., 924 F.2d 655, 659 (7th Cir. 1991). "But the inferences and opinions must be grounded in observation or other first-hand personal experience. They must not be based on flights of fancy, speculations, hunches, intuitions or rumors remote from that experience." Visser, 924 F.2d at 659. It is also well settled that "conclusory allegations and self-serving affidavits, if not supported by the record, will not preclude summary judgment. Keri v. Barod of Trustees of Purdue University, 458 F.3d 620, 628 (7th Cir.2006)(citing Haywood v. N. Am. Van Lines, Inc., 121 F.3d 1066, 1071 (7th Cir.1997).

Background

Plaintiff, an inmate at Tamms Correctional Center, has pending a Complaint that alleges, inter alia, that Defendants violated his constitutional rights while he was at Pontiac Correctional Center for three days for a court writ to the United States District Court for the Northern District. Specifically, he alleges that while he was held at Pontiac Correctional Center between April 22, 2007, and April 25, 2007, he was not given any food and that he was placed naked in a dirty cell without sheets or blankets, toilet paper or other hygiene items. He also alleges that he was deprived of his legal documents that he had brought with him for court, and that these actions were in retaliation for a lawsuit he had filed in the Southern District against staff at Tamms. Plaintiff claims he complained to Defendant Brown, and that Defendant Brown did nothing to help him.

Material Facts Claimed to be Undisputed

1. Between April 22, 2007, through April 25, 2007, Plaintiff was housed at Pontiac Correctional Center, although his parent institution was ...


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