United States District Court, S.D. Illinois
STEVEN D. LISLE, #R40159, Plaintiff,
FRANK LAWRENCE, LIEUTENANT G, MAJOR DOE, TAYLOR, Internal Affairs NURSE MARRYANN, JOHN DOE, Officer, JOHN DOE, Internal Affairs Officer, Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
Steven Lisle, an inmate of the Illinois Department of
Corrections (“IDOC”) is currently incarcerated at
Dixon Correctional Center. He originally filed this civil
rights action as Lisle v. Lieutenant G, et al., (No.
19-cv-427-SMY) related to incidents that occurred when he was
incarcerated at Menard Correctional Center
(“Menard”). After screening the Complaint, the
Court severed a number of Plaintiff's claims into a
separate action against Defendants Warden Frank Lawrence,
Lieutenant G, Major Doe, Taylor, Nurse MarryAnn, Officer John
Doe, and Internal Affairs Officer Doe. (Doc. 1). The instant
case contains Counts 1 through 5, described as follows:
Count 1: First Amendment retaliation claim
against Major Doe for physically assaulting Plaintiff on
March 29, 2019 in retaliation for filing a lawsuit against
Count 2: Eighth Amendment excessive force
claim against Major Doe and Officer Doe for slamming
Plaintiff's hand in the chuckhole door and attempting to
break his arm on March 29, 2019.
Count 3: Eighth Amendment claim against
Nurse MarryAnn for failing to intervene to stop Major Doe and
Officer Doe from using excessive force against Plaintiff on
March 29, 2019.
Count 4: Eighth Amendment deliberate
indifference claim against Major Doe, Officer Doe, and Nurse
MarryAnn for denying Plaintiff medical and/or mental health
treatment for the injuries they inflicted and he
self-inflicted on March 29, 2019.
Count 5: Illinois state law claim against
Internal Affairs Officer Taylor, Internal Affairs Officer
Doe, Lieutenant G, and Warden Lawrence for negligent
spoliation of video footage of the physical assault that
occurred on March 29, 2019.
claims in this severed case are now before the Court for
preliminary review of the Complaint under 28 U.S.C. §
1915A, which requires the Court to screen prisoner Complaints
to filter out nonmeritorious claims. 28 U.S.C. §
1915A(a). Any portion of the Complaint that is legally
frivolous or malicious, fails to state a claim for relief, or
requests money damages from an immune defendant must be
dismissed. 28 U.S.C. § 1915A(b).
makes the following allegations in the Complaint: Plaintiff
is a seriously mentally ill inmate with a well-documented
history of suicide attempts involving the ingestion of sharp
objects. His struggles to obtain mental health and medical
treatment, which is the subject of ongoing litigation in this
District. (Doc. 2, p. 25) (listing cases).
March 29, 2019, Plaintiff was physically assaulted by Major
Doe in retaliation for filing a lawsuit to challenge the
manner in which his medication was
administered. (Id. at pp. 3-7). As Nurse
MarryAnn handed Plaintiff his medication through the
chuckhole door, Major Doe and Officer Doe slammed the door
and punched the medication from his hand. They continued to
punch and slam his arm in an attempt to break it.
Plaintiff's arm was cut, bruised, and bloody.
(Id. at p. 3). All three Defendants denied Plaintiff
adequate medical treatment for his injuries. (Id. at
addition to the injuries he sustained during the staff
assault, Plaintiff suffered self-inflicted injuries. The
three Defendants were aware that Plaintiff was recently taken
off of suicide watch and was still in a “fragile”
mental state. They observed Plaintiff use sharp metal objects
to cut his arm until it bled and swallow available glass,
paper clips, metal, and screws until he coughed up blood.
Even so, they refused to provide him with access to medical
care or mental health treatment on March 29, 2019.
(Id.). Internal Affairs Officer Taylor, Internal
Affairs Officer Doe, Lieutenant G, and Warden Frank Lawrence
were aware of the assault and Plaintiff's request that
video evidence be preserved but failed to preserve video
footage from March 29, 2019. (Id. at pp. 9-11).
asserts claims against each defendant in his or her
individual and official capacities (Doc. 2, p. 2). However,
when a plaintiff seeks monetary damages against a state
official, he must bring the suit against the official in his
or her individual capacity. Brown v. Budz, 904 F.3d
904, 918 (7th Cir. 2005); Shockley v. Jones, 823
F.2d 1068, 1070 (7th Cir. 1987). This is because §1983
creates a federal remedy against any “person”
who, under color of state law, deprives “any citizen of
the United States...of any rights, privileges, or immunities
secured by the Constitution and laws.” Planned
Parenthood of Indiana, Inc. v. Commissioner of Indiana State
Dep't. Health, 699 F.3d 962, 972 (7th Cir. 2012)
(quoting 42 U.S.C. § 1983). “Neither a State nor
its officials acting in their official capacities are
‘persons' under [Section] 1983.” Will v.