United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, United States District Judge
Leonte Williams, 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 Pinckneyville Correctional Center
(“Pinckneyville”). Specifically, Williams alleges
that the soy-based diet and brunch program served at
Pinckneyville caused him to suffer various health problems.
He is proceeding on the following claims:
Count One: Director Baldwin, Food Service Administrator
Bailey, and Warden Lashbrook violated Williams' Eighth
Amendment rights by serving him soy meals.
Count Two: Dr. Shah was deliberately indifferent to
Williams' Eighth Amendment rights.
Count Three: Director Baldwin, Food Service Administrator
Bailey, and Warden Lashbrook violated the Eighth Amendment by
instituting a two-meal-per-day policy.
Baldwin, Bailey, and Lashbrook, and Defendant Dr. Shah filed
motions for summary judgment that are now before the Court
(Docs. 82 and 88). Plaintiff filed responses to the same
(Docs. 96 and 97). For the following reasons, Defendants'
motions are GRANTED.
Leonte Williams was incarcerated at Pinckneyville from July
2015 to February 2016 (Deposition of Leonte Willams, Doc.
83-1 at 67). When Williams arrived at Pinckneyville, it was
utilizing a “brunch” program wherein inmates were
served two, rather than three meals per day (Id. at
14-15). The brunch meal was served around 10:30 or 11:00 a.m.
and, according to Williams, typically consisted of grits,
fried chicken, a snack, bread, milk, and juice (Id.
at 15). Dinner was served around 4:30 or 5:00 p.m. and
typically consisted of a hot dog, bread, a snack, vegetables,
and a side dish (Id. at 16). According to the
Declaration of Suzann Bailey, who was the IDOC Food Service
Administrator and licensed dietician during the relevant
period, the brunch program required that all inmates receive
2, 200 to 2, 400 calories, eight ounces of protein, and at
least five fruit or vegetable choices a day, similar to the
regular (three meals per day) meal program (Declaration of
Suzann Bailey, Doc. 83-2 at ¶¶ 4, 9).
Williams did not receive eight ounces of protein a day or
five servings of vegetables per day, and he would often
receive food trays with multiple empty compartments
(Affidavit of Leonte Williams, Doc. 97-4 at ¶¶
9-11). Williams believes he lost weight due to the brunch
program, but has no “proof” of the same (Doc.
83-1 at 22-23). The brunch program was discontinued on
December 1, 2015 (Id. at 22; Doc. 83-2 at ¶ 8).
also suffered worsening symptoms related to soy in his diet
in 2015 while at Pinckneyville (Doc. 83-1 at 37). In
particular, he suffered from constipation, diarrhea, and
stomach pain (Id. at 37, 40). Williams also noticed
blood in his stool on one occasion (Id. at 40-41).
In August 2015, Williams began complaining to the nurses
dispensing medication in segregation about his symptoms
(Id. at 63).
contends that he saw Dr. Shah on July 31, 2015, October 30,
2015, November 11, 2015 and November 30, 2015 (Id.
at 71). Specifically, Williams saw Dr. Shah on July 31, 2015
while he was doing a walkthrough in his cell house, and told
Dr. Shah he was experiencing migraines and headaches
(Id. at 72-73). Dr. Shah told Williams he
“looked good” and directed him to fill out a sick
call request form if he felt he needed to be seen
(Id. at 74). On October 30, 2015, Williams
complained to Dr. Shah about migraines, constipation, and
diarrhea (Id. at 81). He told Dr. Shah that he
believed the soy in his diet was causing his symptoms
(Id.). He asked for a thyroid check, but Dr. Shah
only told him to drink more water (Id. at 81-82).
testified that he also saw Dr. Shah in November 2015, and Dr.
Shah ordered soy allergy testing on that date (Id.
at 84-85). According to Williams, Dr. Shah indicated his
“level” was a little high, but he was fine
(Id. at 85). Dr. Shah advised Williams to eat more
soy and drink more water so his body would get used to it
medical records indicate that he first saw Dr. Shah on
November 19, 2015, and that Williams complained of problems
with bowel movements and gas and reported that he was
sometimes vomiting after eating. (Affidavit of Dr. Vipin
Shah, Doc. 89-2 at ¶ 10; Doc. 89-3 at 19). Dr. Shah
completed a physical examination that was normal, and ordered
allergy and thyroid testing, as well as other lab work
(Id.). The results revealed that Williams'
thyroid function was normal, and the testing for a soy
allergy was inconclusive (Doc. 89-2 at ¶ 12). Dr. Shah
advised Williams not to worry about a soy allergy because he
was not developing a rash or hives and did not have shortness
of breath, which would be indicative of an allergic reaction
did not seek additional treatment for any complaints related
to a soy allergy following his November 2015 visit with Dr.
Shah (Doc. 83-1 at 86-87). From November 2015 to the present
time, Williams has avoided soy and has self-regulated towards
a soy-free diet by trading and trafficking food (Id.
at 87; Doc. 96-1 at ¶ 5). He did not request a ...