United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Herndon, United States District Judge.
Jeremiah Rice, an inmate in Danville Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 for events that
occurred at Vandalia Correctional Center. Plaintiff seeks
compensatory and punitive damages. This case is now before
the Court for a preliminary review of the Complaint pursuant
to 28 U.S.C. § 1915A.
review of Plaintiff's Complaint reveals that he has
attempted to improperly join certain claims. Thus, prior to
proceeding with review of this case pursuant to § 1915A,
the Court will sever certain claims into a separate case
pursuant to Fed.R.Civ.P. 21 and George v. Smith, 507
F.3d 605 (7th Cir. 2007).
April 1, 2017, Plaintiff had low blood sugar, which made him
incoherent, lethargic, and unresponsive. (Doc. 1, p. 7).
While transporting Plaintiff to the Health Care Unit
(“HCU”), defendant Poe pushed Plaintiff from
behind, and tightly handcuffed him, cutting off his
circulation and causing numbness and pain. Id. Poe
then took Plaintiff to the yard office, where he threw him
down, placed his knee on Plaintiff's back, choked him,
and yelled expletives. (Doc. 1, p. 8). Defendant Winans was
present and failed to intervene. Id. Winans also
told Plaintiff he would drug and bury Plaintiff in
segregation if he reported the assault. Id.
family called the Vandalia Police Department and reported the
April 1st assault. (Doc. 1, p. 12). The police department
inquired at the prison, and immediately after, Plaintiff was
taken to segregation, where he stayed from April 1, 2017
through June 28, 2017. Id. Defendant Osborne issued
Plaintiff a disciplinary report because of the report made to
the police department. (Doc. 1, pp. 12-13). This disciplinary
report cited Plaintiff for interfering or impeding with an
investigation and giving false information to an employee.
(Doc. 1, p. 13). Plaintiff was denied the opportunity to be
heard or present evidence at his May 5, 2017 adjustment
committee hearing. Id. Defendant Redman found him
guilty without calling any of Plaintiff's witnesses.
Id. Plaintiff was sentenced to 90 days in
segregation, 90 days of C-grade, and the revocation of 90
days good time credit, and a disciplinary transfer.
Id. Plaintiff appealed, but the Warden denied his
appeal. (Doc. 1, p. 14). Plaintiff alleges that defendant
Waggoner refused to provide protection to Plaintiff after he
filed a complaint against prison staff in retaliation for his
First Amendment conduct. (Doc. 1, p. 16). As a result,
Plaintiff was retaliated against. Id.
April 21, 2017, Plaintiff requested a jacket from Sgt.
Rosenberger while he was being transported. (Doc. 1, p. 9).
Plaintiff expressed concern because it was cold. Id.
In response, Rosenberger slammed Plaintiff down into the
floor of the medical van, causing upper back and neck pain.
Id. Defendant McCarty drove the van at high speeds
while Plaintiff was face-down on the floor, causing further
10, 2017, Plaintiff was returning from the HCU, when he
encountered Lt. Osborne. (Doc. 1, p. 14). Plaintiff stated
“good job with the investigation.” Id.
Osborne then wrote Plaintiff a false disciplinary report for
intimidation, threats, and disobeying a direct order.
Id. Plaintiff was found guilty by the adjustment
committee on May 11, 2017. (Doc. 1, pp. 14-15). He was
sentenced to revocation of 30 days of good time credit. (Doc.
1, p. 15). Plaintiff alleges that the guilty verdict was
based on the officer's report without any testimonial
evidence by any of the officers that allegedly witnessed the
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 7 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. The following claims will
proceed together in this litigation:
Count 1 - Poe and Winans used excessive force and/or failed
to intervene in the use of excessive force on Plaintiff on
April 1, 2017 in violation of the Eighth Amendment;
Count 2 - Poe and Winans were deliberately indifferent to
Plaintiff's injuries sustained during the excessive force
incident and failed to secure him medical treatment on April
1, 2017 in violation of the Eighth Amendment;
Count 3 - Osborne, Redman, and Waggoner retaliated against
Plaintiff for reporting the alleged April 1st assault by
writing a false disciplinary ticket and finding him guilty in
violation of the First Amendment;
Count 4 - Redman, Weaber, and Waggoner denied Plaintiff his
due process rights during the hearings on his disciplinary
tickets in ...