United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE.
Deandre Bradley, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Pinckneyville Correctional Center
(“Pinckneyville”), brings this action pursuant to
42 U.S.C. § 1983 for alleged deprivations of his
constitutional rights. In his Complaint, Plaintiff claims
among other things that the defendants have failed to
accommodate his disabilities, have retaliated against him,
and have been deliberately indifferent to his serious medical
issues, in violation of the Americans with Disabilities Act
(“ADA”), 42 U.S.C. §§ 12101 et
seq., the Rehabilitation Act, 29 U.S.C. §§
794-794e, and the First and Eighth Amendments. (Doc. 1).
initial matter, the Court notes that Plaintiff has not paid
the $400 filing fee, nor has he sought leave to proceed
in forma pauperis (“IFP”) in this case
as he is required to do. See 28 U.S.C. §
1914(a). As a matter of course, the Clerk of Court has sent
notice that Plaintiff has 30 days to either pay or move for
IFP status. (Doc. 3). Regardless, because Plaintiff seeks
emergency injunctive relief, the Court will immediately take
up the case. See Wheeler v. Wexford Health Sources,
Inc., 689 F.3d 680 (7th Cir. 2012). Nonetheless,
Plaintiff must still meet his obligations with regard to the
filing fee. Specifically, Plaintiff must either pay the $400
filing fee or submit a motion for leave to proceed IFP in
this action, together with his inmate trust fund account
statement for the six-month period prior to the filing date
of this case, no later than July 30, 2018.
If Plaintiff fails to either pay or submit his IFP motion,
this action shall be subject to dismissal for failure to
comply with an order of the Court. See Fed. R. Civ.
Court next will conduct a preliminary review of the Complaint
pursuant to 28 U.S.C. § 1915A, which provides:
(a) Screening - The court shall review,
before docketing, if feasible or, in any event, as soon as
practicable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity or
officer or employee of a governmental entity.
(b) Grounds for Dismissal - On review, the
court shall identify cognizable claims or dismiss the
complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim on
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
action or claim is frivolous if “it lacks an arguable
basis either in law or in fact.” Neitzke
v. Williams, 490 U.S. 319, 325 (1989). Frivolousness
is an objective standard that refers to a claim that any
reasonable person would find meritless. Lee v.
Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). An
action fails to state a claim upon which relief can be
granted if it does not plead “enough facts to state a
claim to relief that is plausible on its face.”
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007). The claim of entitlement to relief must cross
“the line between possibility and plausibility.”
Id. at 557. At this juncture, the factual
allegations of the pro se complaint are to be
liberally construed. See Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to allow this case to proceed
past the screening stage.
Complaint (Doc. 1), Plaintiff makes the following
allegations: Plaintiff is being retaliated against for his
grievance writing and verbally speaking out against
deprivations at the prison. (Doc. 1, p. 2). Plaintiff's
life is in danger and will be in danger “unless the
Plaintiff is removed from Pinckneyville” and placed in
a facility with protective custody. Id. Plaintiff is
wheelchair bound and cannot currently walk, even with a
walker. (Doc. 1, pp. 4-5). Plaintiff also suffers from
digestive issues that require him to use enemas and special
assistive devices such as non-adhesive external male
catheters with a urinary bag and adult male briefs that do
not have the adhesive used on regular diapers because such
adhesive severely irritate Plaintiff's skin, causing
blisters, sores, and skin loss. (Doc. 1, p. 6). These issues
can cause and have caused Plaintiff to suffer from
infections. Id. Plaintiff also has a “severe
respiratory issue” that requires him to be separated
from mace and heavy cleaning substances that would affect his
breathing. Id. He is required to keep an asthma pump
on him at all times. Id.
physical condition, which requires him to sit or lie down all
day, makes certain pressure reduction devices including
wheelchair cushions and air or egg crate pressure reduction
mattresses necessary. (Doc. 1, p. 7). Not providing Plaintiff
with the accommodations he needs “will cause
complications such as friction and shearing to the
Plaintiff's skin and pressure sore[s]. Damaged skin not
taken care of can lead quickly to infections or deadly
diseases such as sepsis . . . and staph infections and
medical staff are aware of this.” Id.
know that Plaintiff has no problem with writing grievances
and going to court for relief when necessary. (Doc. 1, p. 8).
Writing grievances has caused Plaintiff trouble. Id.
He has been assaulted by staff and false disciplinary reports
have been written against him. Id. Since Plaintiff
has arrived at Pinckneyville, he has been writing grievances
against medical staff for refusing to do their job when
Plaintiff requests necessary items. (Doc. 1, p. 9). For
example, Plaintiff arrived at Pinckneyville with special
supplies including non-adhesive external male catheters and
adult male briefs without adhesive. (Doc. 1, p. 10) The
Pinckneyville first shift nursing staff did not want to order
the same supplies that Plaintiff had been receiving and
instead tried to give him supplies that are dangerous to his
skin. Id. Even after an emergency grievance, the
nursing staff refused to provide or order the supplies, so
Plaintiff had to use others which caused him “severe
penis injury to his skin area.” Id. Plaintiff
had to address the doctor and Assistant Warden Love to get
the day shift nursing staff to cooperate. Id.
result of Plaintiff's complaints and grievances, staff
began to retaliate against him by claiming that he was
“cheeking” his medication, which he was not.
(Doc. 1, p. 11). One day, Plaintiff overheard Nurse Lori tell
another nurse that she crushes Plaintiff's medication and
opens his capsules, so he cannot tell what she is giving him.
Id. Lori also noted that Plaintiff hates when she
does this. Id. Plaintiff confronted Lori about it
and received a disciplinary report for “trying to show
the correctional officer the contents in the cup.”
Id. Plaintiff has named those nurses that deprived
him of his supplies the “Jane Doe Pinckneyville Nursing
Staff, ” which is shortened to “Pinckneyville
Nursing Staff” in the Court's Case
Management/Electronic Filing (“CM/ECF”) system.
Id. Nurse Lori and Nurse Sroka started crushing his
pills and opening his capsules to retaliate against and
punish Plaintiff, and the nursing staff has continued it.
(Doc. 1, p. 12).
April 2018, Plaintiff was placed in a cell with inmate
Dawson, who was also in a wheelchair, and inmate Rodriguez.
(Doc. 1, p. 13). Plaintiff witnessed Dawson threatening
Rodriguez, stating that where he is from, they do not just
fight to prove a point, they “kill to win the
fight.” (Doc. 1, p. 14). Plaintiff informed
“M.H.P. Mr. Smith” about these threats and the
hostile environment in his cell and asked Smith to assist him
in getting moved. Id. Smith denied his request.
Id. Dawson eventually began to threaten Plaintiff.
(Doc. 1, p. 15). This prompted Plaintiff to seek a cell
change with urgency, but all of his attempts were denied.
(Doc. 1, pp. 15-16). Plaintiff was told that the way to get
moved was to refuse housing. (Doc. 1, p. 16). Plaintiff spoke
with Counselor Mr. Rolla about the issue, and he said
“that they do not do cell changes unless something were
to happen or take place because then everybody would just
continuously want to change cells.” Id.
Plaintiff was searching for a way to change cells, he had a
serious verbal dispute with Corrections Officer
(“C/O”) Macalahan. (Doc. 1, p. 17). Plaintiff
requested emergency medical attention, and Macalahan denied
his request. Id. Plaintiff wrote a grievance on
Macalahan and the issue, and shortly thereafter, he was
approached by several inmate friends of Dawson who asked
Plaintiff why he wrote a grievance on “Mac Man, ”
which was their name for Macalahan. Id. The inmates
went on to tell Plaintiff that Macalahan told them that
Plaintiff wrote a grievance on him, and if he continued
writing grievances on Macalahan, he would be considered a
snitch because writing a grievance on an officer who looks
out for inmates is snitching. (Doc. 1, p. 18). They said if
he did not stop writing grievances on “Mac Man, ”
harm would come to him. Id. They also noted that
Plaintiff is an easy target because he is in a wheelchair.
also threatened Plaintiff and told him: “You know you
don't have to go home its ways to end all this shit.
Leave these police alone, stop the grievance shit with
‘Mac Man' before something happen to you because .
. . I'll make it happen.” (Doc. 1, p. 20). The next
morning, Plaintiff asked Lieutenant Webb to be placed in
protective custody due to safety and health concerns.
Id. Lieutenant Webb told Plaintiff that they do not
have protective custody-they have segregation- and asked
Plaintiff if he wanted to go there. (Doc. 1, p. 21).
Plaintiff said he did not want to get into trouble, he just
wanted to go somewhere safe because everyone thought he was a
snitch. Id. Webb responded that if Plaintiff did not
lock up, he would go to segregation. Id. Plaintiff
later asked Lieutenant Kosma for protective custody, and he
had the same response. Id. Plaintiff believes going
to segregation would have put his release date in jeopardy of
being changed, and he did not want to make his time in prison
any longer, so he locked up in his cell. Id.
Plaintiff had to fill out a request to his counselor to get a
grievance form to complain about being denied protective
custody. (Doc. 1, p. 22). He requested a grievance form
around the time he was denied protective custody by Webb and
Kosma, approximately June 19 to June 22. (Doc. 1, p. 23).
24, 2018, Plaintiff overheard an inmate worker that he refers
to in the Complaint as “Problem” speaking with
Dawson at the door of Plaintiff's cell. (Doc. 1, p. 24).
At the time, Macalahan was the wing officer. Id.
Dawson referred to Plaintiff as a “homosexual
snitch” and Problem stated: “Mac Man said
‘whenever you ready handle your business, do it before
your day room and try not to let him hit the button too many
times because its a female in the control center.'”
Id. Dawson got dressed, and right before he attacked
Plaintiff, he told him that he did not have to go home. (Doc.
1, p. 25). Dawson stood up and struck Plaintiff in the head.
Id. Plaintiff lunged at Dawson, knocking them both
to the ground. Id. Plaintiff then got on top of
Dawson and held him. Id. Rodriguez pointed out that
Macalahan was in the door. (Doc. 1-1. p. 1). Macalahan looked
directly at Plaintiff and Dawson but turned and walked away
before Plaintiff could say anything. Id. After a few
minutes, Dawson told Plaintiff that he would quit and that he
was not doing anything. Id. Plaintiff climbed off
Dawson and began packing his things to leave the cell.
Id. Dawson began fiddling with his television and
then told Plaintiff: “I'm going to make sure you
don't go home now.” (Doc. 1-1, p. 2). He jumped
from his wheelchair and stabbed Plaintiff in the right side
of his head near his ear. Id. While Plaintiff tried
to wrestle Dawson to the floor, Dawson continued to stab
Plaintiff all over his body. (Doc. 1-1, p. 3). Dawson also
grabbed Plaintiff's left pinky finger and tried to bite
it off. Id. Plaintiff then hit Dawson in the eye as
hard as he could so he would let Plaintiff's pinky go.
Id. Dawson then began to scream for Problem.
Id. Problem came to the door and told Plaintiff to
get off Dawson “or else.” (Doc. 1-1, p. 4).
Plaintiff stayed where he was, so Problem left, and soon
thereafter, the automatic lock went off in the cell.
Id. Plaintiff got off Dawson and into his chair to
try to get out of the door. Id. Plaintiff was
covered in blood. Id. Several individuals blocked
Plaintiff from leaving, and C/O Englan peeked in the cell.
Id. Plaintiff screamed to get him out of the cell
and get him medical attention, but Englan told him he needed
to ask his wing officer. Id. Plaintiff believes
Macalahan was trying to protect Dawson for assaulting
Plaintiff. (Doc. 1-1, p. 5).
cleaned himself off, packed his things, went to the day room
to have his hair braided, and told Lieutenant Kosma that he
needed to speak to someone in mental health. Id.
Other inmates told Plaintiff to leave or the assaults would
continue. Id. Plaintiff was told to place himself on
crisis watch and that if officers came to get Dawson,
everyone in the institution would be notified that Plaintiff
snitched on Dawson. Id. Plaintiff therefore told
Kosma that he needed to go on a crisis watch because he had a
death in the family. (Doc. 1-1, p. 6). When Kosma questioned
how Plaintiff knew about the death, Plaintiff lied to him
about paying someone to find out. Id. Kosma told
Plaintiff that if he was lying, he would get segregation and
his out date would be delayed, but he took Plaintiff to see
mental health. Id.
spoke with Ms. Mason about going on crisis watch and asked
her to inform nursing staff that he had several injuries.
(Doc. 1-1, pp. 6-7). When she asked how he got the injuries,
he told her he fell out of his wheelchair. (Doc. 1-1, p. 7).
Plaintiff also asked Mason to put him in protective custody,
but she told him that she could not help him with that.
Id. Mason did tell him that he could have everything
medically necessary while he was on crisis watch, despite the
usual restriction on clothing and items other than a crisis
mattress and crisis blanket. Id. Crisis mattresses
and blankets are very hard and rough. Id. Plaintiff
was placed in Pinckneyville's Healthcare Unit Isolation
Cell #3 and was given a smock and blanket. (Doc. 1-1, p. 8).
When his egg crate, mattress, and medical supplies arrived,
Plaintiff was denied them by medical staff and Lieutenant
Kosma. Id. Plaintiff told them that mental health
told him he could have everything medically necessary while
on crisis watch, but they refused to provide him his items.
Id. Plaintiff then asked Kosma for a crisis bed.
Id. Kosma told him that there were no more.
asked Nurse Kim to look at his head injury and finger. (Doc.
1-1, p. 9). He told her that his head was numb in that area
and that he could not feel his pinky or the finger next to
it. Id. Plaintiff was told to put water on it,
despite the visible blood, and that was all the treatment he
received. Id. Plaintiff only had a large rectangular
plastic object to lay on. Id. Nurse Kim asked
Plaintiff what he needed, and he told her he needed his egg
crate mattress or he could wake up with bedsores.
Id. She replied that he should not have gone on
crisis watch. (Doc. 1-1, p. 10). The next evening, Plaintiff
had “sheared and friction-affected skin and what looked
[like] several pressure sores at about stage 2.”
Id. Nurse Martin put Plaintiff's skin issue in
his file, and Lieutenant Tate found Plaintiff a mattress.
Id. Plaintiff continued to ask for protective
was not allowed personal hygiene items such as a toothbrush,
soap, or a towel. (Doc. 1-1, p. 11). Plaintiff was not
allowed to shower for over a week. Id. Plaintiff was
also denied a cup, and because of the orientation of his sink
and his disabilities, he was forced to drink water from his
toilet for nine days. Id. Plaintiff told Lieutenant
McBride about this, and he replied that Plaintiff's
medical records and Christine Brown both said Plaintiff can
Tera, Lieutenant Wrangler, and a female corrections officer
with red hair, identified as Jane Doe in the Complaint,
denied Plaintiff a diaper change, forcing him to sit in his
bowel movements for two days. (Doc 1-1, p. 12). Tera claims
that it was not on paper that he should be allowed to change
his diaper the morning that she was the infirmary nurse.
Id. Nurse Reader did not let Plaintiff change his
catheter after it tore, forcing him to urinate into his
diaper until the next day. Id. Because of this,
Plaintiff's diaper filled up and leaked on his mattress
all night. Id. Plaintiff was finally allowed to
shower on the eighth day. (Doc. 1-1, p. 13). Plaintiff was
taken off watch the next day, but he was kept in the same
housing on segregation status. Id.
Lind asked Plaintiff why he requested protective custody, and
Plaintiff told him that he feared for his health and safety
from inmates, security staff, and healthcare unit staff.
Id. Lind asked Plaintiff if his request had anything
to do with Dawson, and Plaintiff told him no because he could
not ensure Plaintiff's safety. (Doc. 1-1, p. 14). Lind
then had Plaintiff sign a statement saying Dawson did not
cause any harm to him and that he feared for his safety from
inmates, security staff, and healthcare unit staff.
Id. Dawson was then brought to the Health Care Unit
by Problem. Id. Lind spoke with him and returned to
Plaintiff. Id. He accused Plaintiff of being
dishonest because Dawson told him that Plaintiff started a
fight with him. Id. Plaintiff told Lind that he had
nothing to say until he was transferred and placed in
protective custody. Id.
told Plaintiff that Plaintiff would be on his way if he told
him the truth. (Doc. 1-1, p. 15). He also told Plaintiff that
he spoke to an informant and knew what actually took place.
Id. Plaintiff told him the truth and showed him his
injuries. Id. Lind took pictures of his injuries.
Id. Plaintiff asked Lind if pictures could be taken
to show the medical staff's deliberate indifference, and
Lind said no. Id. Plaintiff also asked him if he
would look into Macalahan's behavior, and Lind told
Plaintiff that he got what he wanted. Id. Plaintiff
received a disciplinary report for fighting and giving false
information. Id. Plaintiff remains in the Health
Care Unit isolation cell waiting for a wheelchair accessible
cell to open in segregation. (Doc. 1-1, p. 16). He is denied
a shower everyday by Jane Doe and other unknown staff.
Id. His asthma pump and other supplies have been
taken by nursing staff who refuse or give him a hard time
when he asks for them. Id. Nursing staff members
also have refused to address Plaintiff's sheared skin,
pressure sores, head injury, and hand injury, despite written
and verbal requests from Plaintiff.
ultimately went to segregation, so “in the eyes of
every inmate” at Pinckneyville, Plaintiff is now a
“verified snitch.” Id. Plaintiff has
been forced into a situation where he can either allow his
cellmate to kill him or suffer disciplinary action. (Doc.
1-1, p. 18). On June 9, 2018, Plaintiff received another
retaliatory disciplinary report by Lieutenant Kosma after
Plaintiff got into a verbal altercation with C/O Mitchell
about his light being left on for three hours. Id.
Plaintiff should have been able to have his light turned on
or off at his request because he is no longer on crisis
claims more of the area surrounding his stab wound is
becoming numb. (Doc 1-1, pp. 25-26). He also claims that his
finger is broken or fractured and that he cannot feel or use
it, which is made even more serious by the fact that he is
left handed. (Doc. 1-1. p. 26). Plaintiff has open sores and
torn skin on his legs, and he does not get showers despite
the fact that he uses enemas, touches his urine bag, sweats,
and does not get laundry. Id. This puts him
“at a severe risk of a staph infection or worse.”
501.310(a) of the IDOC Administrative Code states that
“each maximum security facility shall maintain a
protective custody area for placement of committed persons in
protective custody.” (Doc. 1-1. p. 23). Section
501.310(b) states that the protective custody area shall not
be physically located on the same gallery as disciplinary
segregation, and neither general population nor disciplinary
segregation individuals shall be permitted to have access to
this area except as approved by the Chief Administrative
Officer. Id. Plaintiff “is almost certain that
the Illinois Department of Corrections does not hold such
housing for wheelchair-bound individuals as protective
custody status.” (Doc. 1-1. p. 24). Plaintiff also
believes that he is being punished and written false major
disciplinary reports so IDOC can validate his placement.
Id. Plaintiff also claims the defendants are using
segregation as a way to withhold legal work and materials
from him while he is in the discovery stage of another civil
rights suit, Bradley v. Dennison, No.
17-cv-862-MJR-SCW. (Doc. 1-1, p. 25).
requests injunctive relief. (Doc. 1-1, p. 33). Among other
things, Plaintiff seeks to be placed in a local, county, or
federal institution if there is no protective custody for
wheelchair-bound individuals in an IDOC facility, along with
all of his personal property and legal work. (Doc 1-1, pp.
24-25). He also requests emergency medical attention. (Doc.
1-1, p. 25). Plaintiff wants his asthma pump and medical
supplies to be returned to him and for all lines of
communication between him and any inmates, healthcare staff,
and security staff to be cut. (Doc. 1-1. p. 33). Further, he
seeks permanent separation from various individuals while he
remains in IDOC custody and an order that he never return to
Pinckneyville for the remainder of his incarceration. (Doc.
1-1, pp. 34-35). Plaintiff also seeks monetary damages. (Doc.
1-1, p. 36).
on the allegations of the Complaint and the claims
specifically articulated by the Plaintiff, the Court finds it
convenient to divide the pro se action into thirteen
counts. The parties and the Court will use these designations
in all future pleadings and orders, unless otherwise directed
by a judicial officer of ...