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Hemphill v. Randle

United States District Court, N.D. Illinois, Eastern Division

July 23, 2014

DEMETRIUS D. HEMPHILL, (N84682), Plaintiff,
v.
MICHAEL P. RANDLE, et al., Defendants.

OPINION AND ORDER

SARA L. ELLIS, District Judge.

Pro se plaintiff Demetrius D. Hemphill, a Stateville Correctional Center ("Stateville") inmate, brought a civil rights complaint pursuant to 42 U.S.C. ยง 1983. Pending before the Court are Defendants' motion for summary judgment [50], Hemphill's motion for an extension of time [66], Hemphill's motion for attorney representation [82], and Hemphill's motion for a status hearing [83]. Because Hemphill has not established a genuine issue of fact as to whether Defendants were deliberately indifferent to the known risk of assault by a fellow inmate, Defendants' motion for summary judgment [50] is granted. Additionally, because Hemphill filed three responses to Defendants' motion for summary judgment, his motion for extension of time [66] is denied as moot.[1] Similarly, because the case is not particularly complex and Hemphill has competently represented himself throughout these proceedings, Hemphill's motion for attorney representation [82] is denied. Hemphill's motion for a status hearing [83] is denied as moot, as this case is terminated.

BACKGROUND[2]

Hemphill is currently serving a fifty-eight year sentence for murder at Stateville. On January 22, 2010, Hemphill requested placement in protective custody. Hemphill explained that:

I'm requesting protective custody because my life is in danger because of the case that I am in hear [ sic ] for. The guy they say I killed. His friends are in (F) House: A guy named G-money (Cell #216), another name D-Vice in Cell #139 F House, and Little Jeff in Cell #128 F House. I have a case on one of their friends named (Jovoe Booker). Thank you very much to this matter at hand. Please have a very bless day.

Ex. C to Defs.' L.R. 56.1 Stmt.

Hemphill was in X house at the time he made the request for protective custody. Although the record is not clear on this point, it appears that X house is in a different part of Stateville from F House. Hemphill was placed in protective custody while his request was being reviewed. Defendant Internal Affairs Officer Foster interviewed Hemphill to follow up on the protective custody request. During the investigation, Stateville inmates Christopher Peoples (K51695), Ronald Houser (R50452), and a third inmate named Green were identified as the individuals Hemphill listed as his enemies. Both Peoples and Houser are convicted murders. During his deposition, Hemphill explained that his murder victim, Jovoe Booker, was a member of the Gangster Disciples street gang. Peoples, Houser, and Green are also Gangster Disciples, while Hemphill is not a Gangster Disciple. Hemphill stated that People, Houser, and Green wanted to kill him in revenge for killing their fellow gang member. Foster concluded that Hemphill should not receive protective custody but should be kept separate from Peoples, Houser, and Green. This decision was approved by Defendants McKay, Franklin, and Hardy.

Hemphill appealed to the IDOC Administrative Review Board ("ARB"). Defendant Jackie Miller, the ARB chairman, agreed with the denial of protective custody and that Hemphill should be housed separately from Peoples, Houser, and Green. The ARB's decision was approved by Defendant IDOC Director Michael P. Randle, ending the review process.

While still in protective custody pending the results of his appeal, Hemphill was placed in a cell with an inmate whose last name is Davis.[3] Hemphill spent a week or two with Davis as his cellmate. He had no issues with Davis and shared his food from the commissary with Davis. Hemphill never named Davis as an enemy or expressed any concerns about sharing a cell with him.

Davis is also a Gangster Disciple. Despite the fact that Peoples, Houser, and Green were separated from Hemphill by being housed in F House while Hemphill was in X House, they were purportedly able to get word to Davis of the dispute with Hemphill via a "kite." Davis then waited for an opportunity to surprise Hemphill and attack him. This attack occurred on April 19, 2010 and caused Hemphill significant injuries. Davis concealed his gang affiliation from Hemphill until the attack and only first mentioned it when assaulting Hemphill.

During his deposition, Hemphill explained how the attack by Davis was a surprise:

Defense Counsel's Question: So, he [Davis] was certainly acting like he was on good terms with you [prior to the attack]? Hemphill's Answer: Yeah, playing games, playing the road.
* * *
Defense Counsel's Question: And up until that point, you had no idea that Davis was ...

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