United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
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
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
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
Count 5: First Amendment retaliation claim
against Defendant Browder for using excessive force against
Plaintiff on July 22, 2014 in retaliation for Plaintiff suing
(Doc. 16, 22.)
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”).
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 ...