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Bentz v. Maue

United States District Court, S.D. Illinois

January 9, 2017

DAVID R. BENTZ, #S03210, Plaintiff,
v.
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:

         Plaintiff 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).

         This 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).

         The Complaint

         As this 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.

         After 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).

         Plaintiff 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.

         Discussion

         The 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 ...

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