United States District Court, C.D. Illinois, Peoria Division
ORDER & OPINION
BILLY McDADE UNITED STATES SENIOR DISTRICT JUDGE
matter is before the Court on a Motion for Summary Judgment
filed by Defendant Adam Deal. (Doc. 74). The motion has been
fully briefed. For the reasons stated below, Defendant's
Motion for Summary Judgment is GRANTED in part and DENIED in
Kendrick Butler is an inmate currently incarcerated at
Pontiac Correctional Center (“Pontiac”). On March
12, 2015, Butler filed a Complaint pursuant to 42 U.S.C.
§ 1983 against Pontiac Correctional Officer Adam Deal
and Pontiac Medical Technician Jaculynn Lane. (Doc. 4). The
Complaint stated that, prior to Plaintiff's transfer on
November 29, 2013, to Pontiac, Plaintiff suffered wrist
injuries from excessive force inflicted by officers at his
prior institution, Menard Correctional Center
(“Menard”). Id. at 8. Plaintiff also
stated that he had high blood pressure, asthma and back
injuries unrelated to the excessive force that were
well-documented at Menard. Id.
alleged that when he arrived at Pontiac, Lane neglected to
treat him for his medical conditions; specifically, he did
not receive an inhaler for his asthma until January 2014.
Id. Plaintiff also alleged that he complained to
Officer Deal throughout December 2013 about his medical
conditions, but was not treated. Id. Butler further
stated that he was scheduled for sick call and a cell-house
change on December 15, 2013. Id. When Officer Deal
arrived to transfer Plaintiff to a new cell house, Plaintiff
alleged that he told Deal he was in pain and suffering from
asthma problems, and that he wanted to make his medical
appointment. Id. at 8-9. Butler claimed that Deal
became angry, refused to let him attend his medical
appointment, and instead cuffed Plaintiff excessively hard.
Id. at 9. He claimed Deal ignored Plaintiff's
wrist injuries and intentionally cuffed him so tight that the
circulation was cut off. Id. Plaintiff stated that
Lane subsequently saw Plaintiff's wrist injuries from his
interaction with Deal, but refused to treat him. Id.
12, 2015, the Court issued a Merit Review Order concluding
that Butler stated claims for excessive force and deliberate
indifference to serious medical needs against Officer Deal
and a claim for deliberate indifference to serious medical
needs against Lane. (Doc. 7).
August 21, 2015, Defendant Lane filed a motion for summary
judgment arguing that Butler failed to exhaust his
administrative remedies as to his claim against her. (Doc.
15). The Court agreed, and granted judgment as a matter of
law in Lane's favor on January 12, 2016. (Doc. 22).
15, 2017, the Court granted Plaintiff's Motion to Request
Counsel as to his remaining claims against Officer Deal.
(Doc. 38). On September 14, 2017, the Court entered a Text
Order notifying Plaintiff that his case was selected for
appointment of the University of Illinois Law School Federal
Civil Rights Clinic (“UI”) to represent him.
See 9/14/2017 Text Order. On September 25, 2017,
Butler filed a response to the Court's Text Order, in
which he accepted UI's appointment. (Doc. 44). Law
students Arthur Haynes and Loren Jones were appointed to
represent Butler. See 9/29/2017 Text Order.
on March 2, 2018, Plaintiff's counsel filed a motion to
withdraw, citing an irretrievable breakdown in the
attorney-client relationship and stating that Ms. Jones was
no longer comfortable or capable of continuing
representation. (Doc. 59 at 1). The motion further explained
that UI was unwilling to have other students from its clinic
represent Plaintiff. Id. On March 6, 2018, the Court
granted counsel's motion to withdraw, see
3/6/2018 Text Order, and Plaintiff has since proceeded
pro se in this matter.
27, 2018, the Court entered a Text Order stating that there
was reason to suggest that the claims against Officer Deal
were amenable to disposition by summary judgment, and
therefore ordered Defendant to file a motion for summary
judgment on or before July 6, 2018. See 6/27/2018
6, 2018, Officer Deal filed a motion for summary judgment
arguing that Plaintiff has failed to demonstrate a genuine
issue of material fact on either of his claims. (Doc. 74).
Officer Deal further argues that he is entitled to qualified
immunity. Id. Plaintiff's response was due on
July 27, 2018, and he did not file his response until July
30, 2018. (Doc. 76). While Butler's response was
untimely, the Court still considered it. This matter is now
ripe for decision.
was transferred from Menard to Pontiac on November 29, 2013.
Deposition Kendrick Butler, 9:8-12 (Doc. 74-2). Butler had a
history of hypertension and asthma. Prior to being
transferred, Plaintiff had a ganglion cyst on his right wrist
and he suffered a left wrist fracture in August 2012.
Id. 11:17-19; 51:10-12. Plaintiff claims that he had
recent wrist injuries from excessive force inflicted on him
by Menard correctional officers just before his transfer.
Id. 11:7-15. He claims that Menard officers left
handcuffs on him for more than three days at a time, which
caused pain. Id. He claims he was prescribed
Ibuprofen at Menard for swelling in his wrists and ankles.
testified that when he arrived at Pontiac he was not seen by
medical staff, although Butler's medical records indicate
that he was seen by a Nurse Brown on November 29, 2013, when
he arrived. Id. 12:17-14-13:1-16. Medical records
indicate that Nurse Brown noted asthma, hypertension, a
ganglion cyst in Butler's right wrist, and a former
fracture in Butler's left wrist and jawbone. (Doc. 74-5).
The record indicates no physicals disabilities or
does not recall exactly when he had made sick calls between
November 29, 2013, and December 12, 2013, though Butler
claims he made multiple requests to be seen for his high
blood pressure and asthma, but he was not provided medical
assistance. Butler Dep., 13:21-24-14:10-16. Butler claims
that he gave “messages” to Officer Deal about
needing medical assistance, but Plaintiff still received no
medical assistance until he was seen by Medical Technician,
Jaculynn Lane, on December 12, 2013, for his asthma, high
blood pressure, and wrist injuries. Id. 10:1-12;
Doc. 74-5 at 3. Lane recorded that Butler complained of
swelling, pain and limited range of motion in his right wrist
from recent injuries. Id. Lane then put Plaintiff in
for sick call. Butler Dep., 10:13-18.
some unknown reason, Butler's sick call was rescheduled
for December 15, 2013, the same day he was also scheduled for
a cell-house transfer. Id. 10:19-24. Butler claims
that when Officer Deal arrived for the cell-house transfer,
Officer Deal said “cuff up.” Id.
34:16-24. Butler testified that he told Officer Deal about
his sick call, his prior and current wrist injuries, that he
had swelling and pain in his wrists, and that twisting his
wrists caused pain, and he asked Officer Deal not to put the
handcuffs on tight. Id. 10:19-24-11:1; 35:10-122;
39:13-18. Butler also asked Officer Deal if he could go to
medical and then come back for the cell transfer, but Officer
Deal said no and asked Butler to put his arms out and put his
wrists through the cuff port. Id. 35:1-19. Butler
claims he again expressed to Officer Deal that when he bends
and twists his wrists and shoves them through the cuff port,
it causes pain. Id. 35:17-22. Officer ...