United States District Court, S.D. Illinois
DAVID R. BENTZ, #S03210, Plaintiff,
NATHANIAL MAUE, WILLIAM QUALLS, ADAM TOPE, JACOB GUETERSLOH, MICHAEL SCHNICKER, RYAN SADLER, TINA MONROE, TYLER JAIMET, CAMBELL, BENIFIELD, CONWAY, DONALD LINDENBERG, MICHAEL SAMUEL, RAYMOND ALLEN, KENT BROOKMAN, MONJIE, KRISTA ALLSUP, MARK PHOENIX, KIMBERLY BUTLER, LASHBROOK, DAVID DWIGHT, LINDA CARTER, JOHN TROST, J. FOSS, JAMES BUTLER, ANGILA CRAIN, AMMIE LANG, SUSAN KULIK KULIS, S. MCGLORN, DR. NEWBOLD, JANE DOE 1, JOHN DOE 1, JANE DOE 2, JANE DOE 3, JOHN DOE 2, ILLINOIS DEPARTMENT OF CORRECTIONS, WEXFORD HEALTH SERVICES, MENARD CORRECTIONAL CENTER, ILLINOIS STATE POLICE DEPARTMENT, and UNKNOWN PARTIES, Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
David R. Bentz, an inmate who is currently incarcerated at
Menard Correctional Center (“Menard”), brings
this pro se action for alleged violations of his
constitutional rights under 42 U.S.C. § 1983. (Doc. 2).
In a prior Memorandum and Order, the Court severed
Plaintiff's claims into two separate cases. This
Memorandum and Order addresses Counts 1 through 5-the counts
remaining in the original case. These counts allege excessive
force, failure to intervene, and deliberate indifference to
medical needs, among other claims. Plaintiff seeks monetary
compensation for his injuries, as well as a declaratory
judgment and injunctive relief. For this relief, Plaintiff
seeks an order requiring the prison to provide him with
adequate medical care and investigate and charge his alleged
assailants. Plaintiff also seeks a temporary restraining
order (“TRO”) that would “prevent any
future retaliation and/or assaults” of Plaintiff by
Maue, Conway, Qualls, Yope, and Guetersloh. (Doc. 2, p. 41).
case is now before the Court for a preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under Section
1915A, the Court is required to promptly screen prisoner
Complaints to filter out nonmeritorious claims. 28 U.S.C.
§ 1915A(a). The Court is required to dismiss any portion
of the Complaint that is legally frivolous, malicious, fails
to state a claim upon which relief may be granted, or asks
for money damages from a defendant who by law is immune from
such relief. 28 U.S.C. § 1915A(b).
Court outlined in the severance Order, Plaintiff alleges that
on May 11, 2014, Qualls, Tope, Guetersloh, Maue, and multiple
Unknown Parties beat him by punching him, grabbing him,
slamming his head face first into the wall, strangling him,
and picking him up by the neck. (Doc. 2, pp. at 6-7).
Plaintiff alleges Sadler, W. Monroe, T. Monroe, Schnicker,
and other John Does were present for this use of force and
did not intervene. Id. After the alleged assault,
Plaintiff repeatedly requested medical care for a
“fractured jaw, chronic pain, and other medical needs
to . . . Plaintiff's neck and jaw areas” and sought
to talk to someone in internal affairs for fear of his life.
(Doc. 2, pp. 7-10). Plaintiff admits that he filed a lawsuit,
Bentz v. Qualls, 14-cv-562-MJR-SCW (S.D. Ill. May
13, 2016), seeking treatment of his medical needs and relief
from “the immediate threat to . . . Plaintiff's
life as a result of defendant's actions.” (Doc. 2,
p. 10). He filed Bentz v. Qualls on May 16, 2014
against several of the defendants in this case, including
Tope, Guetersloh, Monroe, Maue, Brookman, Samuel, Qualls,
Allen, Schnicker, Sadler, and Butler. Bentz v.
Qualls, 14-cv-562. Plaintiff's claims in Bentz
v. Qualls arise from the same incident as the instant
case and include claims of excessive force and deliberate
indifference to serious medical needs. Id. at Doc.
1, p. 6. Bentz v. Qualls is ongoing, with a trial
set for March 6, 2017. Id.
the alleged assault in May, Plaintiff claims he received
threats from various defendants and did not receive the
medical care he sought for his injuries. (See Doc.
2, pp. 13, 15). In fact, Plaintiff did not see a doctor for
his injuries sustained in May until October 3, 2014. (Doc. 2,
p. 16). In the interim, Plaintiff was allegedly assaulted by
Lindenberg and another corrections officer on August 29, 2014
while waiting to see a doctor. (Doc. 2, p. 15). This incident
became the subject of another lawsuit filed by Plaintiff,
Bentz v. Lindenberg, 15-cv-121-NJR-DGW (S.D. Ill.
Feb. 5, 2015). Bentz v. Lindenberg also shares
several defendants with the present case including
Lindenberg, Butler, Lashbrook, Monju, and Trost. Id.
Trost scheduled Plaintiff for X-rays of his injuries, which
were done on October 10, 2014. (Doc. 2, p. 16). Plaintiff
also received dental X-rays in June 2015 that were ordered by
Newbold. (Doc. 2, p 18).
allegedly continued to receive threats from corrections
officers throughout this time period for filing lawsuits and
grievances against them and their colleagues. (Doc. 2, pp.
19-26, 28-29). As a result of harassment by Conway
specifically, Plaintiff filed an amended complaint in one of
his lawsuits in January 2016 to include Conway as a
defendant. (Doc. 2, p. 24). Throughout this entire time
period, Plaintiff allegedly continuously requested medical
care for his injuries, was seen off and on by nurses and
doctors, received multiple X-rays, and was at times provided
medication for his pain. (Doc. 2). Notably, all of the
aforementioned information in the Complaint in the instant
case was included, word-for-word, in Plaintiff's
complaint in Bentz v. Maue, 16-cv-854-NJR (S.D. Ill.
Sept. 22, 2016), which was filed in this District in July
2016 and was dismissed with prejudice September 22, 2016.
Court is using the same designation of counts set forth in
its previous severance order, thus the pertinent counts are:
Count 1: Eighth Amendment excessive force claim against
Qualls, Tope, Guetersloh, Maue, and multiple Unknown Parties
for assaulting Plaintiff on May 11, 2014;
Count 2: Eighth Amendment excessive force claim against
Lindenberg for assaulting Plaintiff on August 29, 2014;
Count 3: Eighth Amendment failure to intervene claim against
Sadler, Monroe, Schnicker, and Unknown Parties for failing to
intervene or stop Qualls, Tope, Guetersloh, Maue, and other
Unknown Parties from assaulting Plaintiff on May 11, 2014;
Count 4: Eighth Amendment deliberate indifference and
malpractice claims against Trost, J. Butler, Crain, Lang,
Kulis, McGlorn, Newbold, Foss, Jane Does 1, 2, and 3, John
Doe 1, Wexford Health Services, and Unknown Parties for
failing to provide adequate medical care for Plaintiff's
head, jaw, and other injuries and pain between May 2014 and
at least December 2016; and,
Count 5: Eighth Amendment deliberate indifference, failure to
intervene, negligence, defamation, intentional infliction of
emotional distress, and/or conspiracy claims against Allsup,
Phoenix, K. Butler, Lashbrook, Dwight, Carter, Brookman,
Monjie, Allen, Samuel, Conway, Benifield, Campbell, Jaimet,
Illinois State Police ...