United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, UNITED STATES DISTRICT JUDGE.
before the Court is Defendants Michael Baker, Kevin
Cartwright, and George Holton's Motion for Summary
Judgment (Doc. 276). For the following reasons, the Court
DENIES summary judgment with respect to Count 4 but GRANTS
Defendants' motion in all other respects.
November 25, 2014, Plaintiff commenced an action pursuant to
42 U.S.C. § 1983, alleging several constitutional
violations (Docs. 1, 18). On January 29, 2015, the Court
severed Plaintiff's claims into separate actions. The
instant action pertains to Plaintiff's claim that
Defendants violated his Eighth Amendment and First Amendment
rights at Menard Correctional Center by denying access to the
yard and failing to remedy the conditions of his confinement.
Plaintiff's claims are as follows:
Count 1: Eighth Amendment claim against
Defendants Holton and Cartwright for denying Plaintiff access
to the yard, thus preventing him from engaging in physical
activity necessary to maintain his health;
Count 2: Eighth Amendment claim against
Unknown (John Doe) Defendants and Defendants Baker and
Cartwright, for placing Plaintiff in unsanitary cells and/or
failing to remedy the cell conditions in response to
Count 3: First Amendment claim against
Unknown (John Doe) Defendants, for housing Plaintiff in the
cell contaminated with black mold in November 2012, in
retaliation for his complaints and grievances over the denial
Count 4: First Amendment claim against
Defendant Baker, for refusing to remedy the unsanitary
conditions in Plaintiff's cell in June 2013
(contamination with feces and urine), in retaliation for
Plaintiff's grievances over his staff assaulter
July 18, 2012 to October 19, 2013, Plaintiff was incarcerated
at Menard Correctional Center (“Menard”) (Doc.
277-2). Defendants Holton, Cartwright, and Baker served as
correctional officers at Menard. From November 3, 2012 to
February 1, 2013, Plaintiff was in disciplinary segregation
(Id.; Doc. 277-1 at 17, 18).
following facts are drawn from Plaintiff's deposition
unless otherwise indicated. Plaintiff was not allowed to
exercise from September 2012 to April 2013 (Doc. 277-1 at
10). During this time, the limited confines of his assigned
cells prevented him from exercising inside his cell
(Id. at 20).
September 2012, the facility implemented a policy by which
inmates classified as staff assaulters could only attend yard
in a designated area (Box 16) (Id. at 11). Following
the implementation of this policy, Defendant Holton refused
to allow Plaintiff to attend yard with general population or
Box 16, by stopping Plaintiff as he attempted to go to yard
with the other inmates, instructing other correctional
officers not to take Plaintiff to yard and telling him that
he could not go (Id. at 13-14).
around December 2012, Defendant Cartwright replaced Defendant
Holton as the cell house lieutenant (Id. at 14).
Cartwright refused to allow Plaintiff to attend yard with
general population or Box 16, by stopping Plaintiff as he
attempted to go to yard with the other inmates, instructing
other correctional officers not to take Plaintiff to yard,
and telling him that he could not go (Id.).
filing grievances, Plaintiff was told that he could go to the
gym, but despite his requests, he was never allowed to go to
the gym (Id. at 14). He was also told that he could
attend the yard used by the inmates in disciplinary
segregation, but he only went one time (Id.). On
September 25, 2012, Plaintiff submitted a grievance,
complaining that he was told he had to attend yard in the
segregation yard, which had no phones or recreational items
(Doc. 5 at 6-7). He complained that the segregation yard was
dangerous and that he could not go to the segregation yard
because the inmates in disciplinary segregation used that
October 9, 2012, Plaintiff submitted a grievance in which he
complained that he was told he had to attend yard in the
segregation yard and requested access to a telephone that day
(Id. at 8). In Plaintiff's Declaration, he
attests that the disciplinary segregation yard was not
designed for general population inmates as it lacked
telephones and weight lifting equipment (Doc. 293-1 at 54).
suffered from spasms and pain in his foot, back, and stomach
due to the lack of physical activity (Doc. 227-1 at 16). He
experienced the spasms and pain prior to September 2012, but
the lack of physical activity exacerbated his symptoms
(Id.). Plaintiff also gained weight (Id.).
February 1, 2013, Plaintiff was assigned to Cell 722 (Doc.
277-2). When he arrived at Cell 722, it had an unpleasant
odor, feces and urine, and the mattress inside the cell was
stained and also had an unpleasant odor (Doc. 2771 at 27).
Plaintiff slept on the mattress only after wrapping it in
several blankets, some of which he obtained from other
inmates (Id. at 31-32). Plaintiff received cleaning
supplies from other inmates later that day (Id. at
30, 43). The sink did not have hot water and the cold water
had weak water pressure, which made it difficult for
Plaintiff to bathe in his cell (Id. at 32-33, 42).
Plaintiff told Defendants Cartwright and Baker about the
issues with Cell 722, but they did nothing to remedy the
issues (Id. at 34, 42). ...