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Cullumm v. Davis

United States District Court, S.D. Illinois

September 15, 2017

DETRICK CULLUM, Plaintiff,
v.
C/O DAVIS, et al. Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE United States District Judge

         This matter comes before the Court on Defendants' Motion for Sanctions. (Doc. 54.) Plaintiff Detrick Cullum is an inmate in the custody of the Illinois Department of Corrections at Hill Correctional Center. On January 20, 2015, Cullum commenced an action pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. (Doc. 1.) He subsequently amended his Complaint and now proceeds on the following claims:

Count 1: Eighth Amendment cruel and unusual punishment claim against Defendant Davis for repeatedly slamming the door in Plaintiff's face, refusing Plaintiff breakfast on an ongoing basis, and generally engaging in conduct intended to harass Plaintiff without any penological justification.
Count 2: Fourteenth Amendment equal protection claim against Defendant Davis for issuing disciplinary tickets only against Plaintiff and other African-American inmates following the incident on July 22, 2014, while not issuing disciplinary tickets to white inmates who engaged in the same conduct as Plaintiff on the same day.
Count 3: First Amendment retaliation claim against Defendant Davis for issuing Plaintiff a disciplinary ticket after Plaintiff sought to complaint about Davis' conduct following the July 22, 2014 incident.
Count 4: Eighth Amendment excessive force claim against Defendant Browder for using more force than was justified against Plaintiff following the incident on July 22, 2014.
Count 5: First Amendment retaliation claim against Defendant Browder for using excessive force against Plaintiff on July 22, 2014 in retaliation for Plaintiff suing Browder.

(Doc. 16, 22.)

         On July 10, 2017, Defendants moved for sanctions seeking dismissal of this action with prejudice due to Cullum's failure to disclose his litigation history. (Doc. 54.) Defendants argue that Plaintiff failed to disclose five separate federal lawsuits: (1) Young v. County of Cook, Case No. 06-cv-552 (N.D. Ill.); (2) Cullum v. Loevy and Loevy Law Firm, Case No. 12-cv-9143 (N.D. Ill.) (“Loevy”); (3) Cullum v. Godinez, Case No. 13-cv-1599 (C.D. Ill.; (4) Cullum v. Cook County, Case No. 14-cv-7346 (N.D. Ill.); (5) Cullum v. Will County, Case No. 15-cv-213 (N.D. Ill.) (“Will County”).

         Cullum concedes that he failed to disclose Will County and Loevy, but asserts that Will County was filed prior to the instant action and that he unintentionally overlooked his failure to disclose Loevy. Review of the docket history in Loevy, Will County and the instant action indicates the following:

1. Cullum commenced Loevy on November 14, 2012 in the Northern District of Illinois.
2. On November 27, 2012, the Northern District of Illinois dismissed Loevy without prejudice.
3. Cullum commenced Will County on January 7, 2015 in the Northern District of Illinois by submitting a Complaint dated December 12, 2014.
4. On January 20, 2015, Cullum commenced the instant action by submitting a Complaint ...

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