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Goings v. Baldwin

United States District Court, S.D. Illinois

December 6, 2017

FREDRICK GOINGS, Plaintiff,
v.
JOHN BALDWIN, et al., Defendants.

          MEMORANDUM AND ORDER

          STACIE M. YANDLE United States District Judge.

         Before the Court is Plaintiff's Motion for Leave to Amend and Defendants' Motion for an Extension of Time. (Docs. 106, 108). Plaintiff Frederick Goings is an inmate with the Illinois Department of Corrections. On May 2, 2016, Goings filed this action pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights. (Doc. 1). On March 27, 2017, the Court screened Plaintiff's Second Amended Complaint, characterizing Goings' claims as follows:

Count 1: An Eighth Amendment failure to protect claim against Benefield for setting in motion the violent attack by inmate David Sesson.
Count 2: An Eighth Amendment claim of deliberate indifference to Goings' safety against Benefield for setting in motion the violent attack by inmate David Sesson.
Count 3: An Eighth Amendment claim for excessive force and unconstitutional conditions of confinement against Benefield, Eovaldi, and Jones for subjecting Goings to dangerous or restrictive conditions and guard brutality.
Count 4: An Eighth Amendment failure to protect claim against Butler, Schoenbeck, Tracy Lee, Jeannette Hecht, Michael Hof, Aaron Runge, Erin Carter, Lance Phelps, Andrew Dillingham, Andrew Spiller, and Brandon Anthony.
Count 5: A claim of state law defamation against Benefield for telling other inmates that Goings dropped a kite about an incident and referring to Goings as a rat and stool pigeon.
Count 6: A claim of state law defamation against Benton and former Illinois Department of Corrections Director Stolworthy for written findings following a protective custody hearing.
Count 7: A state law claim of battery against Frank Eovaldi for grabbing Goings by the neck and pushing his face into a wall.
Count 8: A state law claim of assault against Frank Eovaldi for lunging towards Goings.
Count 9: An Eighth Amendment excessive force claim against Eovaldi for grabbing Goings by the neck and pushing his face into a wall.
Count 10: An Eighth Amendment claim for excessive force and unconstitutional conditions of confinement against Eovaldi.
Count 11: A claim against Eovaldi for violating 20 Ill. Admin. Code § 501.30 by using unnecessary force against Goings.
Count 12: An Eighth Amendment claim of deliberate indifference towards medical needs against Warden Butler for denying Goings medical care following the ...

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