United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON, District Judge.
before the Court is Morris's motion for temporary
restraining order/injunction (Doc. 1). Specifically, Morris
seeks to enjoin Menard Correctional Facility from using box
and chains restraints on him and instead use medical
restraints and/or waist chains restraints for which he has a
medical permit on plaintiff's state court writ on May 12,
2017. After notifying the defendants of
plaintiff's motion, the Court held an evidentiary hearing
and took the matter under advisement on May 10, 2017. Based
on the following, the Court GRANTS in part the motion for
temporary restraining order/injunction.
2, 2017, Morris, an inmate house at the Menard Correctional
Center, filed suit against John Baldwin, Jacqueline
Lashbrook, Frank Lawrence, H. Hawkins, Gail Walls, Bobby
Hughes and Cindy Meyer for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 (Doc.
Morris claims that defendants have been deliberately
indifferent to his serious medical issues and subjected him
to cruel and unusual punishment in violation of the Eighth
Amendment. On May 5, 2017, the Court conducted its
preliminary review of Morris' complaint pursuant to 28
U.S.C. § 191A and designated Morris' complaint into
a single count - “Defendants showed deliberate
indifference to Plaintiff's serious need for medical
restraints and/or waist chain, subjecting him to cruel and
unusual punishment in violation of the Eighth Amendment (Doc.
7). The Court summarized the facts as alleged by Morris as
Plaintiff's' incarceration, he had surgery on his
(Doc. 5, p. 2). Plaintiff went to physical therapy for a year
to regain motion in his arm, but it is still partially
paralyzed and sensitive to the touch. (Doc 1, p. 3).
Plaintiff was incarcerated as early as 2006, but he did not
experience box and chain restraints until 2012. Id.
Because of the great deal of pain the box and chain
restraints caused Plaintiff, he sought a medical permit from
the Stateville medical director that would exempt him from
the box and chain restraints in favor of medical restraints
and/or waist chains. Id. Stateville's medical
director granted the permit without issue, and a new medical
restraints permit has been issued to Plaintiff every year
Plaintiff was transferred to Menard from Stateville on August
31, 2016. (Doc. 5, p. 2). On October 31, 2016, Plaintiff
showed Dr. Siddiqui his previous medical permits from
Stateville, and explained his medical condition and history
to him. Id. Dr. Siddiqui issued Plaintiff a
comparable medical restraints permit for Menard on October
31. (Doc. 5, p. 3). On February 27, 2017, Plaintiff went out
on his first medical writ, and his waist chains and/or
medical restraints permit was not honored, allegedly because
the medical permit was not issued by the medical director,
Dr. Trost. Id. Plaintiff was subjected to the box
and chain setup, and was in pain because of it for
approximately three hours. Id.
Plaintiff saw Dr. Trost on March 13, 2017, and was issued a
medical permit allowing Plaintiff waist chains and/or medical
restraints among other medical accommodations. Id.
On March 23, 2017, Plaintiff had another medical writ, so he
showed the permit from Dr. Trost to the writ officers in
order to avoid placement in the box and chain setup. (Doc. 5,
p. 4). The writ officers told Plaintiff that the
administration would not honor his permit. Id.
Plaintiff was scheduled for an MRI, so he went on the medical
writ without the benefit of waist chains and/or medical
restraints, and he suffered in pain for another three or more
The next day, Plaintiff had another medical writ but refused
to go unless he was placed in the proper, approved
restraints. Id. Plaintiff was told by a corrections
officer that the waist chains and medical restraints would
not be allowed, but that the officer, a major, would make
sure Plaintiff could put his hands any way he wanted and the
handcuffs would not be as tight as before. Id.
Plaintiff agreed to these terms, but blood flow was still
interrupted and his hand and arm became numb, his middle
finger curled up, and he endured pain and suffering for
another three or more hours. Id.
Plaintiff filed an emergency grievance on March 29, 2017 to
Defendant Warden Lashbrook regarding the situation.
Id. On April 5, 2017, Plaintiff sent a letter to
Defendant ADA Warden Lawrence concerning the issue. (Doc. 5,
p. 5). Plaintiff also wrote to several other individuals
during this timeframe in an attempt to resolve the issue,
including Defendant John Baldwin on April 12, 2017.
Id. Plaintiff requested a status update from
Lashbrook on April 13, 2017 because he feared his upcoming
court writ to Joliet, Illinois in the box and chain would
further damage his right arm and hand and would cause ongoing
pain throughout the writ. Id. Because Lashbrook
would not answer his grievance, Plaintiff sent a cover sheet
with his March 29, 2017 emergency grievance to Defendant
Meyer on April 19, 2017, concerning his need for waist chains
and/or medical restraints during his upcoming court writ to
Joliet. Id. Meyer has not answered the grievance.
On April 25, 2017, Plaintiff sent a letter to Defendant
Hawkins, explaining his situation and the risk of serious
damage to his arm if he is forced to go to Joliet in the box
and chain setup. Id. Plaintiff sent a similar letter
to Defendants Hughes and Walls on April 27, 2017, explaining
that irreparable harm will befall his right arm and hand if
his medical permit is not honored. (Doc. 5, pp. 5-6). On
April 27, 2017, Plaintiff also filed another grievance with
Meyer in response to his being taken out on another medical
writ that day and being forced to use the box and chain
setup. (Doc. 5, p. 6). Because his medical permit was not
honored, Plaintiff's finger curled into a ball, and the
pain was so intense it brought him to tears. Id.
Plaintiff made a verbal complaint to the nurse and the mental
health staff, and is scheduled to see mental health and the
medical doctor. Id.
Plaintiff is scheduled for a court writ in Joliet, Illinois
on May 12, 2017. (Doc. 5, p. 7). He has alleged that there is
a strong possibility that he will have to leave from Menard
for more medical and court writs in the near future and that
if he does not get the proper restraints, he will be
subjected to ongoing pain and suffering due to the box and
chain setup. Id. Plaintiff seeks a temporary
restraining order and preliminary injunction that would
direct the defendants and the Illinois Department of
Corrections to use medical restraints and/or a waist chain on
Plaintiff when he has a court or medical writ and to follow
the medical protocols recommended by Dr. Trost and the other
doctors at Menard. (Doc. 5, p. 8). Plaintiff also seeks
monetary damages from the defendants. Id.
(Doc. 7, ps. 2-6) (footnote omitted). Thereafter, the Court
set this matter for an evidentiary hearing (Doc. 9).
10, 2017, the Court held the evidentiary hearing. Morris, Dr.
Siddiqui, ADA Hawkins and Warden Lashbrook all testified.
Based on the record, the oral argument ...