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Goingss v. Baldwin

United States District Court, S.D. Illinois

May 9, 2018

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

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Plaintiff Fredrick Goings, an inmate in the custody of the Illinois Department of Corrections (“IDOC”), filed this lawsuit pursuant to 42 U.S.C. § 1983, alleging that his constitutional rights were violated while he was incarcerated at Menard Correctional Center (“Menard”). Following screening of the Second Amended Complaint, Plaintiff is proceeding on the following Counts:

Count 1:An Eighth Amendment failure to protect claim against Benefield for setting in motion the violent attack by inmate David Sesson.
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 Plaintiff dropped a kite about an incident and referring to Plaintiff 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 12: An Eighth Amendment claim of deliberate indifference towards medical needs against Warden Butler for denying Plaintiff medical care following the attack by inmate David Sesson.
Count 16: A state law claim of intentional infliction of emotional distress against Benefield for setting in motion the attack by inmate David Sesson.
Count 17: A state law claim of intentional infliction of emotional distress against Butler, Spiller, Tracy Lee, Schoenbeck, Jeannette Hecht, Michael Hof, Aaron Runge, Erin Carter, Andrew Dillingham, and Brandon Anthony for allowing the attack by inmate David Sesson.
Count 18: A state law claim of intentional infliction of emotional distress against Galioto for publishing misrepresentations regarding Plaintiff in his medical records.
Count 20: A First Amendment claim of retaliation against Benefield for harassing Plaintiff in retaliation for filing grievances.

         This matter is currently before the Court on Defendant Galioto's Motion to Dismiss Count 18 (Doc. 136). Plaintiff filed a Response (Doc. 161). For the following reasons, Defendant's motion is DENIED.

         Factual Background - Count 18

         Goings alleges that he was attacked and strangled by his cellmate David Sesson on November 5, 2014. Following the attack, Goings was treated by a psychiatrist, Dr. Galioto, in early 2015. Goings alleges that Dr. Galioto initially agreed that she would recommend he be transferred to another correctional facility, but told him at a later appointment that she would not recommended ...


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