United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
the Court is the Motion for Partial Summary Judgment filed by
Defendants David Dean and David Folsom. Plaintiff Larry
Winkfield is an inmate within the Illinois Department of
Corrections (“IDOC”) prison system and the
defendants are IDOC correctional officers. In his Complaint,
Winkfield claims that on August 20, 2013, the defendants
subjected him to excessive force while in the Shawnee
Correctional Center (“Shawnee”) segregation unit.
filed suit on May 21, 2014 (Doc. 1), and he now proceeds on
his Second Amended Complaint (Doc. 46). He asserts an Eighth
Amendment excessive force claim against Defendants, as well
as state law assault and battery claims. For the following
reasons, the motion is GRANTED in part and DENIED in part.
Larry Winkfield entered IDOC custody in late 2012. (Winkfield
Deposition, Doc. 107-1, p. 3). After a brief stay at
Stateville Correctional Center, he was transferred to
Shawnee. Id. The incidents that give rise to this
litigation occurred on August 20, 2013, while Winkfield was
in the Shawnee segregation unit. Id. Inmates are
generally placed in segregation for disciplinary reasons, and
the segregation inmates have fewer privileges than those in
general population. (Dean Deposition, Doc. 107-2, p. 4). The
segregation unit is also physically separated from the
general population units. Id.
August 20, 2013, Winkfield had been housed in segregation for
“a couple of weeks, ” and was scheduled to use
the showers on that date. (Doc. 107-1, p. 4). At
approximately 10:48 A.M. (see Disciplinary Report at
Doc. 107-3), Defendant Dean arrived at Winkfield's cell
so that he could escort Winkfield and his cellmate to the
shower area. (Doc. 107-1, p. 4). Winkfield placed his hands
behind his back and through the cell door chuckhole so that
Dean could handcuff him. Id. Winkfield's
cellmate, inmate Gibson, did the same. Id. After the
two were handcuffed, Dean opened the cell door and Gibson
exited the cell. Id. At this point, Defendant Folsom
arrived at Winkfield's cell and noticed that Winkfield
possessed a bottle of body wash. Id. Dean testified
at his deposition that liquid soap is not allowed in the
segregation unit due to safety reasons. (Doc. 107-2, p. 6).
However, Winkfield testified at his deposition that he
thought it was permitted. (Doc. 107-1, p. 4).
asked Winkfield why there was body wash in his cell, and the
two began to argue. Id. at pp. 4-5. Folsom then
forcefully pushed Winkfield's head against the cell wall.
Id. at p. 5. Winkfield turned around to face Folsom
and Folsom punched him in his left eye. Id. at p. 5.
At that point, Dean used his body to pin Winkfield up against
the cell wall. Id. Winkfield testified at his
deposition that Dean never hit him and he does not recall
suffering any injuries from Dean's use of force.
Id. at p. 6. Winkfield also testified that he
“might have tried” to kick Folsom at that time,
but was unable to do so because he was pinned to the wall.
Id. at p. 6.
Winkfield was pinned to the wall, the defendants latched an
extra set of handcuffs to the existing set that were already
on Winkfield. Id. at p. 6. Dean and Folsom then
exited the cell, leaving Winkfield in the cell by himself.
Id. at p. 6. While the two exited the cell, they
were able to drag Winkfield to the cell door. Id. at
p. 5. Dean then began to uncuff Winkfield. Id. at p.
7. Winkfield testified that as he was being uncuffed, his arm
was aggressively pulled through the cell door chuckhole,
thereby cutting his arm. Id. at p. 7. The Warden and
Shift Commander arrived at Winkfield's cell a short time
later. Id. at p. 6. They told Winkfield to cuff up
and Winkfield was escorted to a stripped down cell.
Id. at p. 6.
following day, Winkfield was examined in the Shawnee Health
Care Unit by Nurse Debbie Perkins. (Doc. 107-5). Nurse
Perkins drafted an “Offender Injury Report” that
states in part:
How did the injury occur?: Inmate states right arm
cut when cuffed. Right arm pulled by Sergeant Folsom. Inmate
self reports right eye bumped at this time.
S (Subjective Findings): Inmate self reports while
being cuffed in cell right arm was hit on cell door chuckhole
causing cut to right arm area. Complains of swelling to right
eyelid head bumped during cuffing of inmate. Inmate self
reports officer cuffing inmate was Sergeant Folsom. No
complaints of blurred vision. No redness no bruising.
Noted right arm superficial abrasion approximately 3
centimeters by ...