United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
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
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
Count 20: A First Amendment claim of
retaliation against Benefield for harassing Plaintiff in
retaliation for filing grievances.
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.
Background - Count 18
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 ...