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Lacour v. Duckworth

United States District Court, S.D. Illinois

May 24, 2018

BUSTER LOUIS LACOUR, Plaintiff,
v.
T. DUCKWORTH, C/O SAM HENNRICH, D. CRAIN, CHARLES FRICKE, ZACHARY HARVEY, ILLINOIS DEPARTMENT OF CORRECTIONS, MAJOR EBONIE, WARDEN OF MENARD CORRECTIONAL CENTER, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL United States District Judge

         This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Donald G. Wilkerson (Doc. 59), which recommends that the Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies filed by Defendants (Doc. 49) be denied. The Report and Recommendation was entered on March 9, 2018. Defendants filed an objection on March 22, 2018 (Doc. 63). For the reasons set forth below, the Court adopts the Report and Recommendation.

         Background

         Plaintiff Buster Lacour, an inmate housed at Menard Correctional Center, originally filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983 on May 1, 2017 (Doc. 1). Before the Court screened Lacour's original Complaint pursuant to 28 U.S.C. § 1915A, Lacour submitted several proposed amendments, leading the Court to grant Lacour leave to file an amended complaint. Lacour filed a First Amended Complaint on July 25, 2017 (Doc. 11), which is the operative complaint in this matter.

         In the First Amended Complaint, Lacour alleges that on March 15, 2017, Defendant Hennrich approached his cell, requested his identification card, and demanded to see his mirror (Doc. 11, p. 7). When Lacour asked why, Hennrich said, “I saw your broken mirror sticking out of your cell bars.” (Id.). Lacour told the officer that he was mistaken and must be at the “wrong cell” because his mirror was brand new. Hennrich then left and returned with Defendants Fricke, Crain, and Duckworth. When Fricke ordered Lacour to “cuff up, ” Lacour told them he was on psych medication and he needed his meds. He also requested a crisis team. (Id.).

         Lacour eventually agreed to “cuff up, ” despite repeating his request for a crisis team and medication (Id., p. 9). Lacour claims he was then beaten by Defendants Ebonie, Fricke, and Crain while Defendants Duckworth, Harvey, and Hennrich were present and watched (Id.). Lacour alleges his forehead was bleeding and his eye was swollen shut as a result of the assault (Id.). He was taken to the health care unit (HCU), but before he could be treated, he was taken from the HCU by the Orange Crush Tactical Team and beaten a second time (Id., p. 10). When Lacour complained of pain, the team stripped him and threw away his clothing and shoes (Id.). He claims he lost consciousness after being dragged, naked, to a cell (Id., p. 11). When he regained consciousness, he found himself sitting in a chair with all of the named Defendants in the room (Id.). They began asking Lacour why he had harmed himself, which he denied doing, before putting Lacour on suicide watch (Id.). Of particular relevance to Defendants' current motion, the First Amended Complaint states that Lacour sent a grievance regarding the March 15 assault “to the warden, grievance officer, and the ARB, simultaneously; Plaintiff upon filing this instant petition, received a response from the ARB on the grievance (in re the assault) sometime thereafter” (Doc. 11, p. 13).

         After threshold screening of the First Amended Complaint pursuant to 28 U.S.C. § 1915A, Lacour was permitted to proceed on the following claims:

Count 1: Eighth Amendment excessive force claim against Ebonie, Fricke, and Crain for beating Plaintiff on March 15, 2017.
Count 2: Eighth Amendment claim against Duckworth, Harvey, and Hennrich for failing to intervene and protect Plaintiff as he was beaten by prison officials on March 15, 2017.
Count 3: Eighth Amendment claim against Ebonie, Fricke, Crain, Duckworth, Harvey, and Hennrich for failing to ensure that Plaintiff received medical care for the injuries he sustained on March 15, 2017.
Count 4: Eighth Amendment claim against Ebonie, Fricke, Crain, Duckworth, Harvey, and Hennrich for ignoring Plaintiff's request for a crisis team on March 15, 2017.
Count 9: Common law Conspiracy claim against Ebonie, Crain, Fricke, Harvey, Duckworth, and Hennrich.
Count 11: Illinois state law claims against Defendants for the intentional infliction of emotional distress.
Count 12: Illinois state law claim for indemnification against the Illinois Department of Corrections and Menard ...

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