Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Morris v. Baldwin

United States District Court, S.D. Illinois

May 11, 2017

BARRY MORRIS, Plaintiff,
v.
JOHN BALDWIN, et al., Defendants.

          MEMORANDUM AND ORDER

          HERNDON, District Judge.

         Introduction and Background

         Pending 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.[1] 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.

         On May 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. 5).[2] 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 follows:

         “Before Plaintiff's' incarceration, he had surgery on his right arm.

(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 since. Id.
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 hours. Id.
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. Id.
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).

         On May 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.