United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
STEPHEN C. WILLIAMS UNITED STATES MAGISTRATE JUDGE.
Jason Mann brought the present lawsuit pursuant to 42 U.S.C.
§ 1983, alleging violations of his civil rights.
Plaintiff Mann alleges that while he was a detainee at the
Jackson County Jail, he was attacked by another inmate and
did not receive adequate medical treatment. This matter is
before the Court on Motions for Summary Judgment filed by
Defendants Gibbs, Fred, Bludworth, and Gladson. (Docs. 115,
125) and a Motion to Dismiss filed by Jackson County,
Illinois. (Doc. 118). Previously, Defendant Thomas Kupferer
was voluntarily dismissed by Plaintiff. (Docs. 127, 129).
Therefore, the Motion for Summary Judgment that was filed by
Defendant Kupferer (Doc. 114) is MOOT.
to the remaining motions have been filed, and they are ripe
for disposition. For the reasons stated below, the Motion for
Summary Judgment filed by by Defendants Fred, Gibbs, and
Bludworth (Doc. 125) is GRANTED in part and DENIED in
part, the Motion for Summary Judgment filed by
Defendant Gladson (Doc. 115) is DENIED, and
Defendant Jackson County, Illinois' Motion to Dismiss is
and Procedural Background
January 23, 2013, Jason Mann was a pretrial detainee being
held at the Jackson County Jail (“the Jail”) and
was housed in the C Dormitory (“C Dorm”). (Doc.
128-5, p. 12). C Dorm can house 12 people (Doc. 128-6, p. 7);
however, on January 23, 2013 there were 19 inmates in C Dorm.
(Doc. 128-7). Since there were only enough beds for 12
people, Plaintiff Mann had to sleep on a mat on the floor.
(Doc. 128-5, p. 13). Plaintiff, slept a couple of feet away
from an inmate named Jason White. (Id.). On January
23, a group of inmates, led by White, attacked Plaintiff.
(Id. at 15). Due to the attack, Plaintiff suffered
an injured nose, bruises to his ribs and torso, contusions on
his abdomen, an injury to his ankle, and stab wounds.
(Id. at 27). Plaintiff was left with two parallel
scars on his torso as a result of the stab wounds.
mother and brother saw Plaintiff after the attack on the same
day, January 23, 2013. (Doc. 128-9, 128-10). Shortly after
the attack, Plaintiff was escorted to the visitation area by
Defendant Travis Fred. (Doc. 128-5, p. 19). Defendant Fred
asked Plaintiff what happened, to which Plaintiff responded
“What does it look like?” (Id. at 20).
Defendant Fred responded by saying “It looks like you
got your ass beat.” (Id.). Once Plaintiff got
to the visitation area, both his mother and his brother noted
that Plaintiff had lacerations on his face and head and that
his lip was bleeding. (Doc. 128-9, 128-10). After the visit,
Plaintiff was taken to the booking area and was asked to
identify his assailants. (Doc. 128-5, p. 20). He was placed
in a holding cell, and Defendants Fred and Gibbs then arrived
and told Plaintiff that White and his cohorts indicated that
Plaintiff owed them something. (Id.). While
Plaintiff was in the holding cell, his ankle swelled to the
size of a baseball. (Id. at 35). Eventually,
Plaintiff was taken to B Dorm. (Id. at 20). Later
that evening, while medication was being brought around in B
Dorm, Plaintiff asked for, and was given, two Band-Aids.
filled out medical request forms and grievances every day
from January 23, 2013 through the end of February 2013.
(Id. at 39). In his medical requests, Plaintiff
sought treatment for the injuries he sustained in the attack.
(Id. at 22). Another detainee, Thomas Bible, claims
that he witnessed Plaintiff writing daily grievances. (Doc.
128-11, p. 3). Plaintiff was not provided with a copy of his
medical requests or grievances. (Doc. 128-5, p. 21). Medical
requests are picked up by jail officers, (Doc. 115-1, p. 4),
and according to Nurse Gladson, are reviewed by nursing staff
at least twice a day, (Doc. 115-2, p. 2). Plaintiff admitted
that he does not personally know whether Nurse Gladson saw
the medical requests he claims he submitted. (Doc. 115-1, p.
4). Plaintiff sent a Freedom of Information Act request
asking for medical records in this matter. (Doc. 128-5, p.
29). He did not receive any medical requests prior to
February 25, 2013, however. (Id.)
began receiving Benadryl around the 24th or 25th of January
2013. (Id. at 32). On February 14, 2013, Plaintiff
drafted a grievance requesting that the Benadryl be
discontinued. (Doc. 126-7). In this grievance, Plaintiff
wrote: “I do appreciate the gesture by the nurse, but
Benadryl does very little for a broken nose. An ice pack
would have seemed more helpful.” (Id.). Nurse
Gladson testified that she reviewed the part of the grievance
only relating to Plaintiff not wanting any more Benadryl.
(Doc. 126-1, p. 3, 4). She testified that she was not aware
of Plaintiff suffering a broken nose, and she did not examine
Plaintiff prior to discontinuing the Benadryl. (Id.
point in February 2013, Plaintiff suffered from severe
stomach pains. Doc. 126-2, p. 14). He put in a medical
request, but had to wait two days before he was called to see
the nurses. (Id.). By that time, however, he claims
he was no longer experiencing the pain and decided not to see
the nurse. (Id.).
stab wounds eventually healed, but they were not examined
until he was transferred to Menard Correctional Center
(“Menard”). (Id. at 15). These wounds
left two parallel scars on his torso. (Id. at 16,
17). Mann still has issues with his nose, balance, and pain.
(Id. at 141 - 42). Plaintiff was transferred out of
the Jail into IDOC custody on August 14, 2013. (Doc. 128-5,
to the attack, Plaintiff did not have any problems or
conflicts with Inmate White. (Doc. 125-1, p. 12). He did not
make any complaints to Defendants Bludworth, Gibbs, or Fred
during his time in C-Dorm before the January 23rd attack.
(Id.). Plaintiff admitted that, immediately prior to
the attack, he was unaware of any reason to believe that he
would be attacked in the manner he was. (Id. at 17).
Prior to the January 23, 2013 attack, however, on April 5,
2012, Inmate White was charged with a disciplinary violation
wherein it is alleged he attacked another inmate, Rawlins, by
“strik[ing] him repeatedly about the face and
body.” (Doc. 128-15, p. 2). The report was completed by
Deputy Tellor. (Id.). On April 9, 2012, Corporal
John Huffman held a Disciplinary Hearing and reviewed the
video of the April 5th incident. (Doc. 128-16, p. 2).
Corporal Huffman concluded that White was the aggressor in
the altercation and attacked Rawlins, attempted to pull
Rawlins up the stairwell out of sight of the windows.
(Id. at 2 - 3). The report was signed by Defendant
Bludworth as shift supervisor. (Id. at 2).
August 15, 2012, an incident form was completed by a Corporal
Smith. (Doc. 128-17, p. 2). Corporal Smith wrote that sources
revealed to him “inmates in G block bullying and
stealing commissary from other inmates.”
(Id.). According to the corporal, there had been a
fight the previous week involving Inmate White, and that
White was responsible for the bullying and stealing.
(Id.). As a result, White was transferred to K block
to prevent him from bullying other inmates. (Id.).
Plaintiff was attacked in C Dorm, at some point prior to
January 23, 2013, Inmate White was transferred to C Dorm. K
block, where White was placed in August 2012, holds a total
of six inmates. (Doc. 128-6, p. 8). An aggressive inmate can
be placed in J or K blocks. (Doc. 128-4, p. 15, 18, 19). J
block is a maximum security block with only three cells,
thereby allowing the maximum number of inmates in the block
to be six. (Id. at 18).
April 4, 2014, Plaintiff filed the instant lawsuit, naming as
defendants, Gibbs, Fred, Bludworth, Gladson, and
Kupferer. (Doc. 1). Plaintiff successfully pleaded
two counts against Defendants: Count 2 for failing to protect
Plaintiff from an excessive risk of attack, and Count 4 for
deliberate indifference to Plaintiff's serious medical
needs. (Doc. 6, p. 5). On September 9, 2016, Plaintiff filed
an Amended Complaint, adding Jackson County, Illinois
(“Jackson County”) as a defendant. (Doc. 110). He
alleges that Jackson County was the source of
unconstitutional policies and/or practices that led to his
injuries and lack of medical treatment. (Doc. 110, p. 13 -
Jackson County moves for dismissal on statute of limitations
grounds. It argues that by the time it was brought into this
suit, the limitations period had already passed, and that the
amended complaint naming Jackson County as a defendant does
not relate back to Plaintiff's original complaint within
the limitations period. Though Defendant Jackson County has
titled its motion a Motion to Dismiss, the Court notes that
the Seventh Circuit has expressed a preference for construing
motions based on the statute of limitations as brought
pursuant to Federal Rule of Civil Procedure 12(c), Judgment
on the Pleadings. See e.g. Frey v. Bank One,
91 F.3d 45 (7th Cir. 1996). Practically, however,
there is no difference between a motion to dismiss brought
under Rule 2(b)(6) and a motion for judgment on the pleadings
under Rule 12(c). Brooks v. Ross, 578 F.3d
574, 579 (7th Cir. 2009). The standards for a
12(b)(6) motion and 12(c) motions are identical.
Hayes v. City of Chi., 670 F.3d 810, 813
(7th Cir. 2012).
brought pursuant to § 1983 borrow the statute of
limitations from the state in which the alleged violation
occurred. Wilson v. Garcia, 471 U.S. 261,
276 (1985); Ashafa v. City of Chicago, 146 F.3d 459,
461 (7th Cir. 1998). Illinois has a two year statute
of limitations, which thus becomes the applicable statute of
limitations for § 1983 claims arising in
Illinois. Kalimara v. Illinois Dep't of
Corrections, 879 F.2d 276, 277 (7th Cir. 1989).
Additionally, the Federal Courts also borrow the forum
state's principles of tolling. Smith v. City
of Chicago Heights, 951 F.2d 834, 839-40 (7th Cir.
1992). Illinois requires tolling by statute where
“the commencement of an action is stayed by an
injunction, order of the court, or statutory
prohibition.” 735 ILCS 5/13-216. While
the Seventh Circuit has found that federal courts must toll
the statute of limitations period while an inmate exhausts
his administrative remedies as required by the Prisoner
Litigation Reform Act (“PLRA”),
Johnson v. Rivera, 272 F.3d 519, 522 (7th
Cir. 2001), Plaintiff has not raised the issue of
tolling in his response, and the Court therefore need not
concern itself with the issue.
issue here is whether Plaintiff's Amended Complaint filed
on September 9, 2016 relates back to his original complaint
filed on April 9, 2014. Relation back is governed by Federal
Rule of Civil Procedure 15. The rule ...