United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
matter is before the Court on the Report and Recommendation
of United States Magistrate Judge Donald G. Wilkerson (Doc.
105), which recommends that the Motion for Summary Judgment
for Failure to Exhaust Administrative Remedies (Doc. 78)
filed by Defendants be granted in part and denied in part.
The Report and Recommendation was entered on December 29,
2016. Plaintiff Dennis Thompson filed a timely objection
an inmate at Menard Correctional Center, is grossly obese and
suffers from degenerative joint and disc disease, causing him
severe chronic pain and limited range of motion. To combat
his conditions, Thompson claims that he has been instructed
by prison medical staff to exercise as much as possible in
November 19, 2013, Thompson was moved from the South Lower
Cell House to the North Two Cell House. Thompson claims that
the cells in North Two Cell House are too small for him to do
his exercises and, as a result, his weight has increased from
280 pounds to 350 pounds, his chronic pain has worsened, and
he has developed sciatic nerve pain (Doc. 16, p. 7). He also
asserts that the North Two Cell House contains inmates with
higher aggression levels and that it offers fewer privileges
than his former cell. Thompson claims that the decision to
move him, and the subsequent refusal to move him back, was
made by Defendants Harrington, Lashbrook, and Butler in
retaliation for filing lawsuits.
initiated this lawsuit on August 3, 2015. On December 29,
2015, Defendants Atchison, Butler, and Smith moved Thompson
and other inmates to the prison gym for a period of five days
due to the potential for flooding. Thompson claims that he
was required to sleep on a wet and cold gym floor, that he
had to share two toilets with thirty other inmates, one of
which broke under his weight, and that females were allowed
to see him use the toilet and shower, causing him
humiliation. Thompson added these events to a Second Amended
Complaint filed February 11, 2016 (Doc. 16).
a screening of the Second Amended Complaint pursuant to 28
U.S.C. § 1915A, Thompson was permitted to proceed on the
Count 3: Defendants Harrington, Lashbrook, and Butler
retaliated against Plaintiff for filing lawsuits by moving
him to and refusing to transfer him from the North Two Cell
House, which has smaller cells, offers fewer privileges, and
houses higher aggression inmates than other cell houses.
Count 4: Defendants IDOC Director and Butler's policy,
custom, or practice of making housing decisions without input
from the medical staff violates Plaintiff's rights under
the Eighth Amendment.
Count 5: Defendant IDOC Director violated Plaintiff's
rights under the Americans with Disabilities Act, 42 U.S.C.
§ 12101 et seq., and/or Rehabilitation Act, 29
U.S.C. §§ 794-94e, by denying him accommodations
for his degenerative joint and disc disease and his obesity
by placing him in a larger cell.
Count 6: Defendants Harrington, Lashbrook, and Butler
subjected Plaintiff to unconstitutional conditions of
confinement, in violation of the Eighth Amendment, when they
assigned him to the North Two Cell House.
Count 7: Defendants Atchinson, Butler, and Smith subjected
Plaintiff to unconstitutional conditions of confinement, in
violation of the Eighth Amendment, when they housed him in
the gym for five days in anticipation of a flood on December
August 24, 2016, Defendants filed a motion for summary
judgment on the issue of exhaustion of administrative
remedies (Doc. 78). Thompson timely filed a response on
September 7, 2016. Magistrate Judge Wilkerson subsequently
held a hearing pursuant to Pavey v. Conley, 544 F.3d
739 (7th Cir. 2008), and issued the Report and Recommendation
currently before the Court. Thompson filed a timely objection
(Doc. 106); Defendants did not file a response.
of the Report ...