United States District Court, S.D. Illinois
ERIC D. KIRK, Plaintiff,
J. CAMPANELLA et al., Defendants.
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
Eric Kirk, an inmate in the custody of the Illinois
Department of Corrections (“IDOC”), brings this
lawsuit pursuant to 42 U.S.C. § 1983, alleging that his
constitutional rights were violated while he was incarcerated
at Vienna Correctional Center (“Vienna”).
Specifically, Plaintiff alleges that he was injured when he
slipped in a puddle and fell. Following review of the Amended
Complaint (Doc. 27), Plaintiff proceeds on the following
Count 1:Defendants Campanella, Dillon, and
Love subjected Kirk to unconstitutional conditions of
confinement in Building #19, in violation of the Eighth
Count 2:Defendant Campanella denied Kirk
adequate medical care for the injuries he sustained to his
neck, back and groin after falling in a puddle of water in
Building #19 on November 29, 2015, in violation of the Eighth
Count 3:Retaliation claim against defendant
J. Ramage for threatening to keep Kirk in the Vienna
segregation unit unless Kirk withdrew his grievances.
matter is now currently before the Court on the
defendants' Motion for Summary Judgment (Doc. 60).
Plaintiff did not file a response. For the following reasons,
Defendants' Motion is GRANTED.
Eric Kirk was housed on the third floor of Building 19 at
Vienna from August 28, 2015 through December 3, 2016
(Plaintiff's Deposition, Doc. 60-2 at 1). Building 19
housed inmates in an open room, dormitory-style setting
(Id.). Kirk alleges that the windows in Building 19
were broken, and the roof would leak when it rained, creating
puddles in various areas (Doc. 60-4 at 19). Mop buckets would
be set up to catch the majority of the water, but they would
not catch all of the water and some would end up on the floor
(Id. at 25-26). The heat and fans were broken, so
that it was excruciatingly hot in the summer and very cold
during the winter (Id. at 22). There were
cockroaches and mice, black mold in the showers, and the
toilets would backup in the dorm on occasion (Id.).
November 29, 2015, Kirk got out of bed to walk to the
restroom and slipped and fell in a puddle on the floor
(Id. at 39). He hit his head on the floor when he
fell (Id. at 46). Other inmates told correctional
officers about Kirk's fall, and they in turn called
nurses to respond (Id. at 47).
nurses took Kirk to the healthcare unit on a stretcher
(Id. at 47, 49). He was then taken to Heartland
Regional Medical Center (“Heartland”) by
ambulance, where he underwent an MRI and received medication
for his injuries (Id. at 40, 42, 54). Kirk alleges
that his neck, back and groin were injured as a result of the
fall (Id. at 39-40).
Kirk returned from Heartland, he was housed in the healthcare
unit for a period of days (Id. at 56). He took five
or six different types of medications for his injuries
(Id. at 64). Medical staff at Vienna instructed him
to use warm compresses for his groin injury (Id. at
66). Kirk was denied a neck brace and back brace by Vienna
medical staff (Id. at 63).
December 2, 2015, Kirk filed an emergency grievance stating
that he feared for his safety and security in Building 19 due
to the building's maintenance problems, and requesting a
transfer out of Building 19 (Id. at 106, 60-6 at 4).
The next day, Defendant Ramage called Kirk to the second
floor to discuss the grievances (Id. at 106, 110).
Ramage asked Kirk what he wanted, and Kirk replied that he
wanted to be moved out of Building 19 (Id. at 108).
Ramage asked Kirk if he would withdraw the grievance if
Ramage moved him (Id.). Kirk informed Ramage that he
would not withdraw his grievance (Id.). Ramage then
told Kirk that he would be moved to segregation because he
stated in the grievance that he feared for his health and
safety (Id. at 109). Kirk responded that he wanted
to be moved to Housing Unit 4, and Ramage told him he would
only be moved there if he withdrew the grievance; otherwise,
he was being moved to segregation (Id.). Kirk
refused to withdraw the grievance and was placed in
came to segregation and asked Kirk if he would withdraw his
grievance. When he again refused, he was kept in segregation
on investigatory status (Id. at 111). Kirk alleges
that while in segregation, he missed a healthcare appointment
and was unable to contact his family (Id. at 114,
116). He spent ...