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Goings v. Baldwin
United States District Court, S.D. Illinois
August 15, 2019
FREDRICK GOINGS, #M36022, Plaintiff,
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
M. YANDLE UNITED STATES DISTRICT JUDGE
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).
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).
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).
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
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
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).
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.
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
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
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