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Watson v. Dodd

United States District Court, S.D. Illinois

July 25, 2018

KENNETH WATSON, Plaintiff,
v.
C/O DODD, C/O MCBRIDE, LT. JACKSON, C/O ANDERTON, C/O NALLEY, NURSE MCCAIN, C/O APARICIO, MICHAEL SANDERS, MAJOR PLOTTS, JASON GARNETT, and JOHN R. BALDWIN, Defendants.

          ORDER

          DONALD G. WILKERSON UNITED STATES MAGISTRATE JUDGE

         Pending before the Court are Defendant McCain's Motion for Rule 35 Physical Examination of Plaintiff (Doc. 66) and Motion for Hearing (Doc. 80). For the reasons set forth below, the Motions are DENIED.

         BACKGROUND

         Plaintiff Kenneth Watson filed this action pursuant to 42 U.S.C. § 1983 alleging he was attacked and sexually assaulted by defendant corrections officers Dodd and McBride, and his efforts at obtaining medical care and reporting the incident were prevented or ignored by the other defendants (Doc. 9, p. 1). An Amended Complaint was filed on January 2, 2018, containing the following claims:

Count 1 - Cruel and unusual punishment in violation of the Eighth Amendment against Defendants McBride and Dodd for physically, verbally and sexually assaulting Plaintiff on July 17, 2016;
Count 2 - Failure to Protect or Intervene and Verbal Abuse in violation of the Eighth Amendment against Jackson, Plott, Anderton and Nalley when Defendants failed to intervene during the assault on Plaintiff by Defendants McBride and Dodd and when Jackson and Plott additionally verbally abused and threatened Plaintiff during the assault;
Count 3 - Deliberate indifference to Plaintiff's medical needs in violation of the Eighth Amendment when Defendants McBride, Dodd, Jackson, Plott, Nalley, Anderton, Aparicio, Saunders, Garnett and McCain denied Plaintiff medical care and a PREA referral;
Count 4 - Defendants McBride, Dodd, Jackson, Plott, Nalley, Anderton, Aparicio, Saunders, Garnett and McCain retaliated against Plaintiff for his filing of grievances in violation of the First Amendment;
Count 5 - Conspiracy in violation of the First and Eighth Amendments against all Defendants;
Count 6 - Intentional Infliction of Emotional Distress under state law against all Defendants;
Count 7 - Assault and Batter and Conspiracy to commit Assault and Battery against McBride and Dodd;

(Doc. 50).

         During the assault Watson stated Dodd grabbed his penis and testicles and squeezed them “as hard as he could” (Doc. 50, p. 10). As a result of Defendants' actions, Watson has stated he suffered severe injuries (Doc. 50, pp. 22), including ongoing pain in his neck and right ...


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