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Logan v. Cady

United States District Court, S.D. Illinois

August 26, 2016

EUGENE LOGAN, R32033, Plaintiff,
v.
LORI A. CADY, FRANK B. EOVALDI, C/O MAYBERRY, DR. JOHN SHEPARD, and JOHN DOE, Defendants.

          MEMORANDUM AND ORDER

          Honorable Staci M Yandle, United States District Judge

         Plaintiff Eugene Logan is an inmate with the Illinois Department of Corrections (“IDOC”), currently housed at Menard Correctional Center. Logan asserts that his Eighth Amendment rights were violated when he was assaulted by prison correctional officers on August 20, 2012, and denied adequate medical treatment for his resulting injuries. Logan filed suit on November 12, 2013. (Doc. 1). On December 11, 2013, Judge Gilbert screened Logan's Complaint pursuant to 28 U.S.C. § 1915A (Doc. 8) and held that Logan articulated the following claims:

Count 1: Against Nurse Lori A Cady - deliberate indifference to Plaintiff's medical needs in violation of the Eighth and Fourteenth Amendments;
Count 2: Against Sgt. Frank B. Eovaldi - assault in violation of the Eighth Amendment;
Count 3: Against C/O Mayberry - assault in violation of the Eighth Amendment;
Count 4: Against Dr. John Shepherd - deliberate indifference to Plaintiff's medical needs in violation of the Eighth Amendment;
Count 5: Against Lt. John Doe - deliberate indifference to Plaintiff's medical needs in violation of the Eighth Amendment. Defendants John Shepherd and Lori Cady now seek summary judgment. (Docs. 69 and 78). For the following reasons, Defendants' motions are GRANTED.

         BACKGROUND

         The following facts are taken from Plaintiff's deposition, unless otherwise noted. Plaintiff Eugene Logan has been an inmate with the IDOC since 2004. (Logan Dep., Doc. 70-1 at 2). After approximately seven years at Stateville Correctional Center, Logan was transferred to Menard Correctional Center (“Menard”) in July, 2011. Id. The incidents that give rise to this litigation occurred at Menard. Id.

         On August 20, 2012, the IDOC “Orange Crush” tactical team was conducting a shakedown of Logan's cell house. (Doc. 70-1 at 2). While their cells were inspected, the inmates were placed in handcuffs and escorted to the prison chapel. Id. As Logan was waiting in the chapel for the Orange Crush team to finish its shakedown, he requested medical assistance from Defendant Lori Cady. Id. Logan was experiencing acid reflux at the time, and he wanted to receive some water or his acid reflux medication.[1] (Doc. 70-1 at 3).

         After Logan asked for help, Cady responded by telling him, “shut up and turn around boy.” (Doc. 70-1 at 2). Logan was offended and told Cady that he wasn't a “boy.” Id. Defendant Sgt. Frank Eovaldi overheard this exchange, immediately grabbed Logan, and escorted him away from the other inmates. (Doc. 70-1 at 2-3). Eovaldi then tripped Logan to his knees and punched him in the back of his head seven times while saying that he was hitting Logan because he was a boy. (Doc. 70-1 at 3).

         After the assault, Logan was escorted to a cell in the “north two [segregation] unit.” Id. Sometime later that day, he was taken to the prison Health Care Unit (“HCU”). Id. Although the record is unclear as to what occurred around this time, Logan testified that he recalls waking up in the HCU to Defendant Mayberry, a Correctional Officer, twisting and squeezing his handcuffs. (Doc. 70-1 at 4). Thereafter, Defendant Dr. Shepherd arrived to conduct an examination. Id. Logan testified that “Dr. Shepherd looked at [him], looked at [his] face, looked at [his] wrist and sent [him] to get X-rays [for his] wrist.” Id. No fractures were noted in the X-rays. (Doc. 70-3 at 3). Logan further testified that he told Dr. Shepherd about most, if not all, of his medical issues. However, because correctional officers were also in the room, he is unsure whether he stated that Eovaldi caused his injuries. (Doc. 70-1 at 8). Logan's medical records dated “8/20/12 10:20 AM” state that the injuries resulted from a fall. (Doc. 70-3 at 2).

         Following the X-rays, Mayberry escorted Logan out of the HCU and into the shower area in one of the cell houses. (Doc. 70-1 at 4). Mayberry then told Logan that his personal property would be thrown away and that his television would be destroyed if he told anyone that Eovaldi assaulted him. Id. As Logan was waiting in the shower area to be placed in a new cell, he told Mayberry that he still intended to alert others about Eovaldi's actions. (Doc. 70-1 at 5). Mayberry then opened the shower gate, punched Logan in the nose, locked the gate on Logan, and walked away. Id. After Mayberry left, Logan told an unknown correctional Lieutenant about what had occurred. Id. That Lieutenant, however, did not stop to help. Id.

         Logan's medical records indicate that around 7:30 PM that same day, Logan requested medical attention from a medical technician while she was distributing medication to the gallery. (Doc. 70-3 at 4). Logan inquired, “Medtech, can I talk to you?” He then told her that “my nose hurts [and] I think it might be broken.” Id. The medical ...


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