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Mayss v. Illinois Department of Corrections,

United States District Court, S.D. Illinois

May 30, 2018

MICHAEL A.J. MAYS, Plaintiff,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, et al., Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Plaintiff Michael Mays, 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”). Specifically, Mays alleges that Officer Evans verbally harassed and physically assaulted him on December 14, 2015. Mays was allowed to amend his Complaint and currently proceeds on the following Counts:

Count One: First Amendment retaliation claim against Defendant Evans;
Count Two: Eighth Amendment excessive force claim against Defendant Evans;
Count Three: Eighth Amendment failure to protect claim against Defendant Olson;
Count Four: Eighth Amendment deliberate indifference claim against Defendant Olson;
Count Five: Eighth Amendment failure to protect claim against Defendant Butler;
Count Six: State law battery claim against Defendant Evans;
Count Seven: State law claim for intentional infliction of emotional distress against Defendant Evans.

         This matter is now before the Court on the Motion for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendants Butler and Olson (Doc. 44). Plaintiff filed a Response (Doc. 50). For the following reasons, Defendants' motion is GRANTED IN PART and DENIED IN PART.

         Factual Background

         The following allegations are taken from Plaintiff's Amended Complaint. On December 14, 2015, after Mays finished a visit with his mother, Defendant Evans began making derogatory comments to Mays and repeatedly referred to him as “boy, ” which Mays took to have racial connotations. Mays took offense and requested grievance forms. He also attempted to speak to the lieutenant in Evans' presence, but the sergeant told Mays to return to his cell. After Mays was returned to his cell, Evans came to the cell and tried to goad Mays into fighting him. Evans then gave Mays a direct order to come to the front of the cell, at which time Evans physically assaulted Mays by punching him, slamming his head against the bars and scratching him.

         Defendant Olson was present while Mays was attacked by Evans in his cell, and initially failed to stop the attack - only pulling Evans off of Mays once he saw that Mays was not fighting back. Mays asked Olson to take him to the healthcare unit after the attack, but Olson denied his request. He was made to wait until the next shift for medical treatment.

         Mays alleges that Defendant Butler violated his constitutional rights by implementing unwritten policies and procedures that allowed correctional officers such as Evans to assault prisoners. Butler was aware of Evans' reputation for assaulting black prisoners due to his ...


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