The opinion of the court was delivered by: James E. Shadid United States District Judge
Friday, 24 June, 2011 02:39:44 PM
Clerk, U.S. District Court, ILCD
This cause is before the court for consideration of the Defendants motions for summary judgment.[d/e 63, 66]
The Plaintiff filed his complaint pursuant to 42 U.S.C. §1983 claiming his constitutional rights were violated at Hill Correctional Center by five Defendants: Correctional Officers Charles Anderson and Brian Duncan; Warden Gerardo Acevedo, Nurse Toni Meldrum and Nurse Janie Turnquist. The court conducted a merit review hearing on September 25, 2010, and found the Plaintiff had alleged the following claims:
1) Defendant. Anderson used excessive force in violation of the Eighth Amendment when he kicked, twisted and pulled the Plaintiff's arm on January 24, 2009;
2) Defendant Acevedo violated the Eighth Amendment based on his failure to train correctional officers which resulted in the widespread practice or custom of using excessive force;
3) Defendant Duncan violated the Eighth Amendment when he failed to intervene to stop Defendant Anderson's attack;
4) Defendants Anderson, Acevedo, Duncan, Meldrum and Turnquist violated the Plaintiff's Eighth Amendment rights when they were deliberately indifferent to the Plaintiff's serious medical condition; and,
5) Defendant Anderson committed the state law tort of Battery, Assault and Intentional Infliction of Emotional Distress.
The Defendants Acevedo, Anderson, Duncan and Meldrum have filed motions for summary judgment and the ...