United States District Court, S.D. Illinois
EDWIN E. TOLENTINO, Plaintiff,
JACQUELINE LASHBROOK, JEANETTE C. HECHT, MICHAEL BAKER, KEVIN REICHERT, and UNKNOWN PARTY, Defendants.
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
Edwin Tolentino, an inmate in the custody of the Illinois
Department of Corrections (“IDOC”), filed this
lawsuit pursuant to 42 U.S.C. § 1983, alleging his
constitutional rights were violated while he was incarcerated
at Menard Correctional Center (“Menard”).
Tolentino alleges that correctional officers used excessive
force against him and that he was subsequently denied medical
care for the injuries the officers inflicted. Tolentino is
proceeding on the following claims:
Count One: Eighth Amendment excessive force claim against
Defendant Baker and the Unknown (John Doe) Tactical Officers
for jerking, slamming, punching, kicking, and grabbing
Plaintiff on March 14, 2013.
Count Two: Eighth Amendment claim for deliberate indifference
to medical needs against Defendant Reichert, Defendant Baker,
Defendant Hecht, and the Unknown (John Doe) Tactical
Officers, for failing to obtain medical care for Plaintiff
following the assault described in Count One.
Lashbrook is named as a defendant only in her official
capacity for purposes of providing injunctive relief, if
awarded. In the Court's Screening Order, Plaintiff was
advised that service would not be made on the unknown (John
Doe) tactical officer defendants until he identified them by
name in a properly filed amended complaint (Doc. 6). On June
23, 2015, the Court entered a Scheduling and Discovery Order
giving Plaintiff until August 28, 2015 to seek leave to amend
his Complaint to name the unknown parties (see Doc.
28). As of the date of this Order, Plaintiff has failed to
identify the unknown tactical officers. Accordingly, the
Court finds that Plaintiff has failed to prosecute his case
against the unknown tactical officers and they are
DISMISSED WITH PRJEUDICE pursuant to Rule
41(b) of the Federal Rules of Civil procedure.
remaining defendants, Baker, Hecht, Reichert, and Lashbrook,
filed a Motion for Summary Judgment (Doc. 138) that is now
before the Court. Plaintiff filed a timely response (Doc.
143). For the following reasons, Defendants' Motion is
GRANTED in part and DENIED in part.
following facts are taken from Plaintiff's deposition
unless noted otherwise. While being escorted to the chapel on
March 14, 2013, Orange Crush Tactical members punched, kneed,
and kicked Tolentino (Deposition of Edwin Tolentino, Doc.
139-1, p. 4). After arriving at the chapel and providing his
name to the Orange Crush officers, Tolentino was taken to a
shower in the segregation unit (Id.). Defendant
Baker came to escort Tolentino to his cell (Id.).
Tolentino told Baker that he hated what the officers had done
to him, to which Baker stated “we hate you too,
retard” (Id.). Once they arrived at
Tolentino's cell, Baker kicked him in his upper left leg,
causing Tolentino to drop to one knee (Id.). Baker
also grabbed Tolentino's hair and kicked him in his back
(Id. at 4-5). After Baker kicked him, Tolentino told
him he would “whoop [his] ass” (Doc. 139-1 at 5).
Tolentino requested medical attention, but Baker ignored him
and walked away (Id. at 8-9).
after his altercation with Baker, Tolentino was taken to
internal affairs and interviewed by Defendant Reichert
(Id. at 9). Reichert asked Tolentino about what he
said to Baker and asked if he knew anything about a recent
staff assault in the chapel (Id.). Tolentino denied
knowing anything about the chapel incident, but told Reichert
that he had been assaulted by Baker and suffered injuries to
his legs and back (Id.). Tolentino also requested
medical attention (Id.). Reichert did not take any
action to address Tolentino's request for medical care
(Id. at 9-10).
speaking with Reichert, Tolentino was waiting in the bullpen
to be transferred to Lawrence Correctional Center
(“Lawrence”) when Defendant Hecht approached him
(Id. at 10). Hecht asked Tolentino what happened. He
explained that Baker had assaulted him and that he needed
medical attention for the injuries he sustained to his back
and legs (Id.). Hecht responded by saying “too
bad” and told Tolentino she was not a doctor
(Id. at 11).
thereafter, Hecht issued a disciplinary report against
Tolentino for “Dangerous Disturbances, ”
“Gang or Unauthorized Organization Activity, ”
and “Intimidation/Threats” related to his
interaction with Baker (see Doc. 139-2 at 5). In her
disciplinary report, Hecht indicated that while Baker was
removing Tolentino's restraints, Tolentino stated
“when I get out of here, the Folks are going to whip
that ass, ” and that he also made reference to a staff
assault that took place in the chapel about a month prior
(Id.). Tolentino was later found guilty of the
offenses and was punished with six months of segregation, C
Grade, and commissary restriction, and one month good conduct
revocation (Doc. 139-1 at 6; see Doc. 139-2 at 3-4).
3:00 p.m. on March 14, 2013, Tolentino was examined by a
nurse at Menard prior to his transfer to Lawrence (Doc. 139-1
at 12; see Doc. 139-3 at 1). No. current or acute
conditions were noted on his Offender Health Status Transfer
Summary, however Tolentino attests that he told the nurse
that he had a back injury and was in pain (Doc. 143-1 at 31;
see 139-3 at 1).
underwent another health screening with a nurse when he
arrived at Lawrence around 8:00 p.m. on March 14, 2013 (Doc.
139-1 at 12; see Doc. 139-3 at 2). He informed the
nurse that he had suffered a back injury. However, his Health
Status Transfer Summary only notes that he indicated
subjective complaints of bruising and pain on his left upper
thigh and ribs (Doc. 139-1 at 12; see doc. 139-3 at
2). The transfer summary also indicates ...