United States District Court, N.D. Illinois, Eastern Division
MARIO S. ENGLISH JR., Plaintiff,
MARCELLES GARDNER, et al., Defendants.
MEMORANDUM OPINION AND ORDER
Robert Blakey United States District Judge.
Mario English brings two claims under 42 U.S.C. § 1983
against the defendant correctional officers for allegedly
using excessive force while securing Plaintiff to a bedframe
at the Stateville Correctional Center and demonstrating
deliberate indifference to his medical needs while he was
restrained. . Defendants Gardner, Eskridge, and Berry
(Defendants) moved to dismiss the claim against them for
failing to state a cause of action. . For the reasons
explained below, this Court grants Defendants' motion.
The Complaint's Allegations
February 2015, Plaintiff was incarcerated at the Stateville
Correctional Center.  ¶ 4. At that time, Defendants
Nushardt, Dethrow, Battung, Sapia, Gee, and Pontarelli served
as part of the Illinois Department of Corrections' (IDOC)
tactical team at Stateville. Id. ¶¶ 8-14,
February 26, 2015, Nushardt, Dethrow, Battung, Sapia, Gee,
and Pontarelli put Plaintiff in four-point restraints on a
metal bed frame in Stateville's healthcare unit.
Id. ¶¶ 14-15, 37. The bed did not have a
mattress. Id. ¶ 15. Defendants strapped
Plaintiffs arms and legs to the upper bars of the bed's
metal headboard and footboard. Id. ¶ 16, 38. In
doing so, the officers hoisted Plaintiffs extremities at
least 24 inches above the bedframe, so that only Plaintiffs
backside rested on the bedframe. Id. Plaintiff
asserts that Defendants acted intentionally and maliciously
when they tied him to the bedframe. Id. ¶ 38.
In total, Plaintiff spent over 16 hours in these restraints.
Id. ¶ 20.
claims that the tightness and elevated position of his
restraints caused him intense pain in his feet and legs.
Id. ¶¶ 17-19, 39. The restraints left
indentations in Plaintiffs skin and, because the officers
positioned Plaintiffs legs so far above his heart, he lost
circulation in his legs and they fell asleep. Id.
¶¶ 17-18, 39-40. Plaintiff states that his legs
felt “as if they were on fire, ” and that he
experienced a “sharp stabbing sensation” for
roughly the first three hours that he was restrained.
Id. ¶¶ 17-19, 23, 41-42.
point during that three-hour period, Defendants Marcelles
Gardner, Herman Eskridge, and Jason Berry each encountered
Plaintiff in his restraints. Id. ¶¶ 21,
24-25, 29. Gardner, Eskridge, and Berry worked as correction
officers at Stateville, but did not form part of the tactical
team that put Plaintiff in the four-point restraints. See
Id. ¶¶ 5-7. Plaintiffs claims against these
defendants stem from their alleged failure to help Plaintiff
or address his medical needs while he was restrained. See
Id. ¶¶ 21, 24-27, 29-33.
Plaintiff alleges that Defendants prevented Plaintiff from
stretching his legs or using the restroom, causing Plaintiff
to urinate on himself. Id. ¶¶ 21-22.
Plaintiff also alleges generally that throughout this
three-hour period Plaintiff repeatedly yelled for assistance.
Id. ¶ 23. According to Plaintiff, he told
Eskridge about his extreme leg pain many times and asked to
see a nurse or mental health staff member, but Eskridge
refused to help him. Id. ¶ 24.
after, Gardner entered Plaintiff's healthcare unit cell.
Id. ¶ 25. Plaintiff told Gardner that his legs
hurt and that he needed medical attention. Id.
Gardner told Plaintiff that he had notified
Berry-Gardner's lieutenant-about Plaintiff's
condition but that Gardner did not have the authority to
order Berry to come to the healthcare unit. Id.
about three hours, someone removed Plaintiff's
restraints, and his ankles were red and showed indentations
from the restraints. Id. ¶¶ 27-28.
Plaintiff then began to stretch his arms and legs.
Id. ¶ 29. While Plaintiff was stretching, Berry
arrived at the healthcare unit and Plaintiff explained his
leg pain and loss of blood flow. Id. Berry
“grabbed” Plaintiff's left foot and moved it
around, causing Plaintiff to yell out in pain. Id.
initiated this suit in May 2016. . He amended his
complaint in October 2017 and for a second time in March
2018. [53, 66]. Count I of Plaintiff's second amended
complaint alleges that Gardner, Eskridge, and Berry used
excessive force and violated the Eighth Amendment by failing
to remove or loosen the restraints that caused Plaintiff
extreme pain.  ¶ 30. Plaintiff also alleges that
Defendants violated his Eighth Amendment rights by
demonstrating deliberate indifference to his medical needs
and disregarding a risk of serious harm. Id.
¶¶ 31-32. Count II alleges that Defendants
Nushardt, Dethrow, Battung, Sapia, Gee, and Pontarelli used
excessive force and demonstrated deliberate indifference in
violation of the Eighth Amendment. Id. ¶¶
opinion addresses Gardner, Eskridge, and Berry's motion
to dismiss Count I of Plaintiff's complaint for failure
to state a cause of action. [73-1].
motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) “challenges the sufficiency of the complaint
for failure to state a claim upon which relief may be
granted.” Gen. Elec. Capital Corp. v. Lease
Resolution Corp., 128 F.3d 1074, 1080 (7th Cir. 1997). A
motion to dismiss does not test the ...