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.

Anduze v. Duncan

United States District Court, S.D. Illinois

August 2, 2017

ALEXANDER J. ANDUZE, Plaintiff,
v.
STEPHEN DUNCAN and LORIE CUNNINGHAM, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL United States District Judge

         Plaintiff Alexander Anduze, a former inmate in the Illinois Department of Corrections (“IDOC”), brings this lawsuit pursuant to 42 U.S.C. § 1983 alleging his constitutional rights were violated while he was incarcerated at Lawrence Correctional Center (“Lawrence”). Specifically, Anduze alleges prison officials failed to adequately respond to his cellmate's two suicide attempts, causing him to be exposed to bloodborne pathogens. Anduze's complaint was screened pursuant to 28 U.S.C. § 1915A, and he was allowed to proceed on the following claims:

Count One: Warden Stephen Duncan, acting with deliberate indifference, exposed Plaintiff to a substantial risk of harm to his safety and health relative to celling him with a suicidal inmate on two occasions, in violation of the Eighth Amendment;
Count Two: Medical Administrator Lorie Cunningham, acting with deliberate indifference, failed to treat Plaintiff's serious medical needs after he was exposed to bloodborne pathogens, in violation of the Eighth Amendment;
Count Three: Medical Administrator Cunningham, acting with deliberate indifference, failed to treat Plaintiff's serious psychological needs (PTSD), in violation of the Eighth Amendment; and
Count Four: Warden Duncan and Administrator Cunningham had inadequate policies and procedures regarding how to handle exposure to bloodborne pathogens, thereby endangering Plaintiff's health and safety, in violation of the Eight Amendment.

         Defendants Cunningham and Duncan filed motions for summary judgment that are now before the Court (Docs. 58 and 62). After careful consideration of the briefs and all of the evidence submitted by the parties, and for the reasons set forth below, Defendants' motions for summary judgment are granted.

         Factual Background

          Anduze's claims in this matter stem from two separate incidents wherein his cellmate, Mr. Woodcock, attempted suicide, causing Anduze to be exposed to Woodcock's blood. With regard to the first occurrence, on or about July 24, 2014, Anduze testified that when he awoke, his cell was covered in Woodcock's blood (Anduze's Deposition, Doc. 59-1, p. 14). Anduze came down from his top bunk and pushed the panic button in his cell (Id. at pp. 14-15). When the guards arrived, they took Anduze out of the cell and escorted him to the health care unit where a nurse wiped the blood off of his feet (Id. at pp. 15-16, 61). Anduze was not offered any medical treatment or blood testing while in the health care unit (See Id. at pp. 16-18). Soon thereafter, Anduze was escorted by correctional officers to the segregation unit where he showered; however, he was not provided soap to wipe the blood off of his hands and arms (Id. at pp. 16-17, 62). Anduze also asked the officers for a nurse to examine him, but to no avail (Id. at p. 18).

         Sometime the following day, Anduze returned to his cell where he found traces of blood (Id. at pp. 19-20). Anduze testified that his cell was not sanitized as it should have been (Id. at p. 21). Following this incident, Anduze submitted an offender request asking that Woodcock not be returned to the cell (Id.). Despite his request, Woodcock was celled with Anduze approximately one week later (Id. at pp. 21-22).

         On August 24, 2014, Woodcock again attempted suicide by way of razor, and Anduze again awoke to his cell covered in blood (Id. at pp. 25-26). Anduze pushed the panic button and kicked the door, and correctional officers eventually responded (Id. at 32). Anduze described this episode as much more violent and severe, explaining there was twice as much blood (Id. at p. 29). Anduze was escorted through health care to segregation, but the correctional officers did not stop at the health care unit, despite Anduze's request (Id. at pp. 31-33). Accordingly, no one wiped any blood off Anduze or provided any medical treatment, although medical personnel were present when Anduze was escorted through the unit (Id. at p. 33). Anduze testified that after going through such an incident, he should have been checked out by medical personnel (Id. at p. 35).

         Anduze was taken to the showers in segregation where he requested soap from the correctional officers, but none was given (Id. at p. 38). Anduze also asked the correctional officers for medical treatment, but none was provided (Id.). Anduze was returned to his cell the following morning, but no one had cleaned up the blood (Id.).

         During his deposition, Anduze said he sent request slips to Defendant Cunningham following these incidents, but he could not recall their contents (Id. at pp. 40-41). Anduze also indicated he submitted requests for a blood test (it is not clear if any of these requests were specifically addressed to Defendant Cunningham), but he never received such a test while at Lawrence (Id. at p. 57). Anduze was offered a blood test upon his release on July 1, 2015; however, he refused as he decided to have Veteran's Affairs conduct the testing for him (Id. at pp. 57-58). Anduze's testing from the VA clinic indicated “everything was fine” (Id. at p. 62).

         Anduze also sought mental health treatment at Lawrence following the incidents mentioned above and apparently was diagnosed with post-traumatic stress disorder (“PTSD”) (Id. at p. 43). Anduze testified he was not able to receive proper treatment for his PTSD ...


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.