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Goings v. Baldwin

United States District Court, S.D. Illinois

August 15, 2019

FREDRICK GOINGS, #M36022, Plaintiff,
v.
JOHN BALDWIN, KENT E. BROOKMAN, C/O CRABTREE, MAJOR PAGE, MICHAEL M. KEYS, KIMBERLY S. BUTLER, FRANK EOVALDI, YVETT BAKER, JASON N. HART, C/O BRIDGES, MAJOR CHILDERS, MAJOR MONTE, N. WARD, MICHAEL P. MELVIN, WEXFORD HEALTH SOURCES, INC. JOHN DOE 1, Placement Officer, Menard CC, JOHN DOE 2, Placement Officer, Pontiac CC, JOHN DOE 3, Medical Director, Menard CC, JOHN DOE 4, Medical Director, Pontiac CC, JOHN DOES, Correctional or Healthcare Staff, Menard CC, JOHN DOES, Correctional or Healthcare Staff, Pontiac CC, JOHN DOE 5, Mental Health Director, Menard CC SHERRY BENTON, MELISSA PHOENIX, and JOHN DOES, Internal Affairs Officers, Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Plaintiff Fredrick Goings, an inmate in the custody of the Illinois Department of Corrections (“IDOC”) currently incarcerated at Pontiac Correctional Center (“Pontiac”), brings this action for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. He asserts claims under the Eighth and Fourteenth Amendments along with state law claims related to a disciplinary proceeding and his confinement in segregation. He seeks injunctive relief and monetary damages. (Doc. 1).

         This case is now before the Court for preliminary review of the Complaint pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the Court is required to screen prisoner Complaints to filter out non-meritorious claims. See 28 U.S.C. § 1915A(a). Any portion of a Complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. § 1915A(b).

         The Complaint

          Plaintiff makes the following allegations in his Complaint: On February 24, 2016, while incarcerated at Menard Correctional Center (“Menard”), Plaintiff was accused of assault on his cellmate. (Doc. 1, pp. 6, 8). Plaintiff was found in his cell with his cellmate who was incoherent and lying on the floor in a pool of blood with a swollen and bleeding face (Id.). Prior to the incident, Plaintiff advised gallery correctional officer Crabtree that an immediate cell reassignment was necessary and asked him to contact his superior, placement, Warden Butler, and internal affairs. (Id. at 16).

         Plaintiff received a disciplinary ticket for violent assault. (Id. at 8-9). C/O Bridges authored the original disciplinary report and it was reviewed by Major Page and Major Monte. (Id. at 11). None of them conducted an investigation of the alleged offense. (Id.). There was a “re-written” disciplinary report authored by C/O Bridges and reviewed by Major Childers and Major Frank Eovaldi. (Id.). No. hearing investigator was assigned to review the allegations or the disciplinary report. (Id.).

         Plaintiff did not receive a copy of any alleged statement made by his cellmate prior to or during the adjustment committee hearing held on March 1, 2016. (Id.). He was denied access to the victim. (Id. at 10). There were violations of due process and the Illinois Administrative Code in relation to the hearing. (Id. at 11-12). Plaintiff did not receive notice and was not present for a rehearing held on June 1, 2016. (Id. at 10). He was transferred from Menard to Pontiac on June 1, 2016, prior to the time of the hearing. (Id.)

         Plaintiff was confined in segregation from February 2016 to February 2017. (Id. at 10, 13). He was confined 24 hours per day and denied commissary and other privileges. (Id. at 13). His communication with his family and friends deteriorated while in segregation. (Id.). He suffered mental and emotional injuries. (Id.). Warden Butler transferred Plaintiff to Pontiac Correctional Center during the year-long segregation assignment. (Id. at 14). Butler and other unknown individuals involved in the decision to transfer Plaintiff did not notify Pontiac officials of Plaintiff's deep sleep condition and related security concerns. (Id. at 14-15).

         While in segregation at Pontiac, Plaintiff was sexually assaulted by an unknown individual while asleep. (Id. at 15). Additionally, an unknown individual made dotted track lines on his arm causing pain and bruising while he was asleep. (Id.). Plaintiff reported the attacks, but they were not investigated. (Id.). Plaintiff sent notes to the internal affairs requesting that video recordings be checked for unauthorized entry into his cell, but the notes were destroyed by correctional or internal affairs staff. (Id. at 16). The video recordings were altered or destroyed to cover up the sexual and physical attacks. (Id.).

         Plaintiff is an attorney, although his license to practice law has been suspended. (Doc. 1, p. 6). He has divided his Complaint into the following Counts, which the Court will use in all further proceedings in this case:

Count 1:Fourteenth Amendment due process claim against all Defendants regarding the disciplinary proceedings, including the rehearing, that resulted in Plaintiff being found guilty of an IDOC offense and being confined to segregation from February 24, 2016 until February 1, 2017.
Count 2:State law battery claim against all Defendants for the sexual assault committed by an unknown person that occurred while Plaintiff was in segregation during his deep sleep medical condition.
Count 3:State law battery claim against all Defendants for the mutilation of Plaintiff's arm committed by an unknown person that occurred while Plaintiff was in segregation during his deep sleep medical condition.
Count 4:State law defamation claim against all Defendants for false and misleading oral and written statements published in the disciplinary reports, adjustment committee final summary report, and that otherwise occurred during the disciplinary process.
Count 5:State law intentional infliction of emotional distress claim against all Defendants for the pain Plaintiff suffered in segregation because of the conditions of confinement and the physical and sexual assault that occurred there.
Count 6:Eighth Amendment deliberate indifference claim against C/O Crabtree, the placement coordinator, Warden Butler, Internal Affairs Officer, and C/O Ward for failure to take precautions to remove Plaintiff or his cellmate prior to the incident on February 24, 2016.
Count 7:Eighth Amendment deliberate indifference claim against the Menard Medical Director, the Pontiac Medical Director, Wexford Health Sources, Inc., and John Does for failure ...

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