United States District Court, S.D. Illinois
LIONEL R. BEARD, Plaintiff,
FREDDIE FALMIER and RYAN HUMPHREYS, Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, UNITED STATES DISTRICT JUDGE
the Court is a Report and Recommendation issued by Magistrate
Judge Gilbert C. Sison regarding Defendants Freddie Falmier
and Ryan Humphreys' Motion for Summary Judgment. (ECF No.
73). Judge Sison recommended that this Court grant
Defendants' Motion. (ECF No. 76). Plaintiff Lionel R.
Beard objected. (ECF No. 77). After de novo review of the
record, the Court GRANTS Defendants'
Motion for Summary Judgment.
PROCEDURAL & FACTUAL HISTORY
Judge Sison, this Court gathered the facts directly from
Plaintiff's Amended Complaint, (ECF No. 12-1), and
Plaintiff's deposition (ECF No. 73-1).
is a federal inmate that has been incarcerated since 2005.
(ECF No. 73-1 at 5). He was housed at the United States
Penitentiary in Marion, Illinois from April 2007 until
January 2016- where the incident in question allegedly
occurred. (ECF No. 73-1 at 6, 19).
in 2010, Plaintiff worked in UNICOR's electronics factory
in cable operations. (ECF No. 73-1 at 8). Specifically,
Plaintiff operated a Eubanks machine: a wire cutter. (ECF No.
73- 1 at 11). Defendants worked as UNICOR supervisors, and
both supervised Plaintiff at some time. (ECF No. 73-1 at
August 11, 2015, Plaintiff arrived at his work station at
approximately 7:00 AM. (ECF No. 73-1 at 18, 27). Neither
Defendant supervised Plaintiff that day, (ECF No. 73-1 at
22), and Defendant Falmier was giving a tour of the factory
to a fire inspector (ECF No. 73-1 at 23). Plaintiff operated
the Eubanks machine alongside inmate Terrell Porter. (ECF No.
73-1 at 19). The Eubanks machine, located in the basement,
was particularly loud that day because it was connected to a
noisy air compressor. (ECF No. 73-1 at 22-23).
Defendant Falmier brought the fire inspector to the basement,
their voices were drowned out by the sound of the air
compressor attached to the Eubanks machine. (ECF No. 73-1 at
24). Defendant Falmier instructed Porter to turn off the
Eubanks machine, and he did. (ECF No. 73-1 at 24). Although
Plaintiff did not hear Defendant Falmier speak to Porter,
(ECF No. 73-1 at 24), Plaintiff knew “in a split
second” that Defendant Falmier wanted the machine off
(ECF No. 73- 1 at 28). Despite this instruction, Plaintiff
immediately turned the Eubanks machine back on. (ECF No. 73-1
at 24). Plaintiff was concerned that turning the Eubanks
machine off mid-cut might cause it to break down. (ECF No.
73-1 at 27).
by Plaintiff's insistence to keep the Eubanks machine on,
Defendant Falmier turned it off himself and confronted
Plaintiff, stating, “I said shut the mother fucker off.
Don't be such a rude ass, Beard.” (ECF No. 73-1 at
24). Plaintiff felt disrespected and approached Defendant
Falmier, getting within six inches. (ECF No. 73-1 at 31).
Defendant Falmier's demeanor did not show that he felt
scared or threatened. (ECF No. 73-1 at 31). The two argued
for “maybe a couple few minutes” as others
watched, though none intervened. (ECF No. 73-1 at 33-34).
decided to end the argument by walking past Defendant Falmier
to clock into work. (ECF No. 73-1 at 35). Defendant Falmier
“pushed [Plaintiff] back” and said, “Where
you think you going?” (ECF No. 73-1 at
When Plaintiff informed him that was going to clock in,
Defendant Falmier told him, “[Y]ou're not going in
there. You get the fuck out of here.” (ECF No. 73-1 at
35). Plaintiff acquiesced, and Defendant Falmier continued to
curse at Plaintiff as he walked away. (ECF No. 73-1 at 36).
Humphreys, the assistant factory manager, witnessed the
incident and did not object. (ECF No. 73-1 at 35-36).
Plaintiff hoped, however, that Defendant Humphreys would tell
him that it was okay to clock in. (ECF No. 73-1 at 36).
did not return to work that day or the next. (ECF No. 73-1 at
38-39). Two days later, he was placed on administrative
detention, where he remained for five months. (ECF No. 73-1
at 39). Plaintiff did not ask for Defendant Humphreys's
assistance in filing an incident report. (ECF No. 73- 1 at
filed this Bivens action against eight defendants
alleging Eighth Amendment violations. Defendants Falmier and
Humphreys are the only defendants ...