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Dooley v. Kibby

United States District Court, C.D. Illinois, Springfield Division

June 12, 2015

ALFREDA KIBBY, et al. Defendants.


SUE E. MYERSCOUGH, District Judge.

Plaintiff, proceeding pro se and civilly committed at Rushville Treatment and Detention Facility, brought the present lawsuit pursuant to 42 U.S.C. § 1983, alleging Fourteenth Amendment violations for excessive force, inhumane conditions-of-confinement, and procedural due process. The matter is before the Court for ruling on the Defendants' Motion for Summary Judgment (Doc. 105). For the reasons discussed below, the motion is denied in part, and granted in part.


Plaintiff filed this lawsuit on January 5, 2012. The Court conducted a merit review screening pursuant to 28 U.S.C. § 1915A and found that Plaintiff stated the following claims: (1) an excessive force claim against Defendants Haage, Chenoweth, Angel, Zimmerman, Keller, Teel, and Maloney; (2) an inhumane conditions-of-confinement claim against Defendants McAdory and Haage; and, (3) a procedural due process claim against Defendant McAdory. (Doc. 14). After a period of discovery, Defendants filed a Motion for Summary Judgment. (Doc. 105). In support of their motion, Defendants filed a DVD video that depicted the events on the day in question. The Court subsequently entered an Order directing the Defendants to file a supplemental brief disclosing the identities of the security staff seen in the video. (Doc. 120). Defendants have complied with that Order. (Doc. 121).


Plaintiff is civilly committed at the Rushville Treatment and Detention Facility ("Rushville" or "TDF") pursuant to the Illinois Sexually Violent Persons Act. On July 9, 2011, Plaintiff declined several requests from staff to work in the kitchen because it was his day off. An exchange between Plaintiff and staff occurred and, as a result of the raised voices and alleged foul language, Plaintiff was offered a two hour cool-down period. During these cool down periods, TDF residents are confined to their rooms. Staff members periodically check on the residents throughout the cool-down period.

A short time later, when staff observed another resident sliding a pen underneath Plaintiff's door, a lockdown ensued. Defendant Haage, a Security Therapy Aide ("STA"), went to investigate. The parties disagree on the exact nature of the exchange, but, either way, the tactical team was called to perform a cell extraction.

Doors to the residents' rooms at Rushville have a small opening, commonly referred to as a "chuckhole." The opening allows security staff to handcuff residents before unlocking and opening the resident's door. To do so, the resident must cooperate by standing with his back to the door and placing his hands and wrists through the chuckhole. Defendants Teel, Chenoweth, Angel, Keller, and Reardon, all members of the tactical team at Rushville, responded to Defendant Haage's request for a cell extraction.

A video of the incident shows the following: Defendant Keller asked Plaintiff to "cuff up, " meaning to stand with his back to the door while placing his hands through the chuckhole. Plaintiff complied, though not without some verbal commentary. Defendants Teel and Chenoweth approached Plaintiff's door with a pair of handcuffs. At this point, only the backs of Defendants Teel and Chenoweth are visible, but the clicking noise of handcuffs can be heard, as can Plaintiff's cry of pain. When the camera is moved and Plaintiff's hands appear on video, his right wrist is cuffed and held in place by Defendant Chenoweth. Defendant Teel then secured the cuffs to Plaintiff's left wrist. Defendant Chenoweth escorted Plaintiff to Infirmary Room 5, where Plaintiff was stripped down to his boxer shorts. The mattress in the room was removed moments prior to Plaintiff entering the room. Plaintiff remained in the room wearing only his boxer shorts.

As a result of this incident, Plaintiff's right wrist was examined several times. The results of those examinations showed Plaintiff suffered torn ligaments and other injuries in his right wrist. (Doc. 110-11 at 7-12). During these examinations, Plaintiff stated he experienced ongoing pain in his wrist and numbness in two of his fingers. Id.

Plaintiff remained in Infirmary Room 5 from July 9, 2011 until July 12, 2011. Plaintiff did not receive a mattress because Plaintiff would not allow Defendant Parsons to place him (Plaintiff) in handcuffs so staff could bring the mattress into the room. Plaintiff's requests for another STA to secure the handcuffs were denied. Plaintiff alleges that the sink did not have running water, the toilet did not work, and his requests for toilet paper were denied. Plaintiff states he made several requests for toilet paper and plumbing maintenance to several STAs, none of whom are defendants in this lawsuit.

For the duration of his time in Infirmary Room 5, Plaintiff was placed on Temporary Special status, the most restrictive resident status at the TDF. Residents are placed on Temporary Special status as a matter of course while an investigation into their alleged conduct takes place, or when perceived as a danger to themselves or others. While on Temporary Special status, residents must eat their meals in their rooms and have limited telephone and property access. Residents may leave their rooms only with approval of the Security Director.

On July 11, 2011, at approximately 8:53 a.m., Plaintiff received written notice of a disciplinary hearing scheduled for July 12, 2011 between the hours of 10:00 a.m. and 12:00 p.m. (Doc. 106-2). The notice advised Plaintiff of the potential rules violations and the incident in question. A disciplinary hearing was held and Plaintiff's status was changed from Temporary Special to Close Management status. Close Management status is less restrictive than Temporary Special status, but more restrictive than the general status of residents at the TDF. While classified on Close Management status, residents are permitted to spend approximately 4-5 hours per day outside their rooms, are allowed to attend treatment programs as approved, purchase items from the commissary, have visitors ...

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