United States District Court, S.D. Illinois
MICHAEL A.J. MAYS, Plaintiff,
ILLINOIS DEPARTMENT OF CORRECTIONS, et al., Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
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
Count Two: Eighth Amendment excessive force claim against
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
Count Six: State law battery claim against Defendant Evans;
Count Seven: State law claim for intentional infliction of
emotional distress against Defendant Evans.
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
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.
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.
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 ...