United States District Court, S.D. Illinois
STEVEN D. LISLE, JR., Plaintiff,
SIERRA SENOR-MOORE, et al., Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
Steven D. Lisle, Jr., filed this action for alleged
deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. Lisle asserts claims under the Eighth
Amendment for deliberate indifference to serious medical
needs, intentional disregard of a known suicide risk, and use
of excessive force. He also alleges Illinois state law
negligent spoliation claims. This matter is now before the
Court for consideration of Defendants' Motion to Dismiss,
or in the alternative, to Sever, Counts 1-6 (Doc. 56), and
Motion to Dismiss Counts 7, 8, and 9 (Doc. 55).
is a mentally ill inmate who has a history of suicide
attempts that includes self-mutilation. (Doc. 1, p. 3).
He uses sharp objects found in his cell to inflict internal
and external injuries. (Doc. 1, pp. 3-4). Dr. Siddiqui, Dr.
Levey, Mental Health Worker Hill, Nurse Schott, and Warden
Lashbrook know it is unsafe to place him on suicide watch in
North II because he has access to sharp objects that he can
use to inflict internal and external injuries, which he has
done repeatedly. (Doc. 1, pp. 3-11). Lisle has been placed on
suicide watch in North II despite the unsafe conditions
January 2019, Lisle used a metal screw to cut himself and
then swallowed the screw. (Doc. 1, pp. 3-4). After the screw
passed in a bowel movement, he swallowed it again.
Id. Siddiqui, Levey, Hill, Schott, and Lashbrook
were aware Lisle had swallowed the metal screw and that he
had been placed on suicide watch in North II. Despite this
knowledge, they took no action to transfer him from North II
to the health care unit where he would be under continuous
observation. (Doc. 1, pp. 3-11). On January 3, 2019, Lisle
again used the screw to cut himself in a suicide attempt
while in North II. (Doc. 1, p. 4). Nurse B witnessed his
injuries but refused to provide medical care. (Doc. 1, pp.
January 7, 2019, Lisle caught Nurse Chitty giving him altered
medication in an attempt to poison him. (Doc. 1, pp. 8,
11-12). The Effexor capsule she gave him had been opened and
contained an unknown white powdery substance. Id. He
confronted her and grabbed the medication. Id.
Another nurse looked at the white powdery substance, stated
it was not his medication and could be deadly, and walked
away when Lisle told her that he wanted the substance tested.
(Doc. 1, p.16). Nurse Chitty asked officers to assault Lisle
to retrieve and/or destroy the poisoned medication. (Doc. 1,
pp. 8-9, 11-12). Officers Walker, Engelage, Brooks, Major,
and John Does (correctional officers) assaulted Lisle in an
attempt to retrieve and/or destroy the evidence. (Doc. 1, pp.
8-9, 11-12, 14-14). During the assault, Lisle was punched,
kicked, and choked. (Doc. 1, p. 7-9).
filed two grievances placing Warden Lashbrook on notice to
save camera footage in the North II suicide watch unit from
the 3:00 - 11:00 p.m. shifts on January 3, 2019, and January
7, 2019. (Doc. 1, p. 12). Despite the notice, Lashbrook
destroyed the camera footage. Id.
after the January 7 incidents, Lisle mailed samples of his
blood and the white powdery substance to Sierra Senor-Moore,
Office of the Attorney General, State of Illinois, and
requested the substance be tested. (Doc. 1, pp. 12-14, 25).
Lisle notified the Court and all parties in SDIL No.
18-cv-1736-NJR that he had mailed the letter to Senor-Moore.
Id. Thereafter, Assistant Attorney General
Christopher Higgerson notified Lisle that the letter had been
received and destroyed because it potentially contained
hazardous materials. (Doc. 1, p. 25).
preliminary review of the Complaint under 28 U.S.C. §
1915A, Lisle was allowed to proceed on the following claims:
Count 1: Eighth Amendment deliberate indifference claim
against Siddiqui and Levey for failing to place Lisle in the
health care unit for continuous observation after he
swallowed a metal screw he had used in a suicide attempt in
Count 2: Eighth Amendment deliberate indifference claim
against Nurse B for denying Lisle medical treatment for
injuries he sustained during a suicide attempt on January 3,
Count 3: Eighth Amendment deliberate indifference claim
against Walker, Engelage, Brooks, Major, and John Does for
denying Lisle medical treatment for injuries they inflicted
on January 7, 2019.
Count 4: Eighth Amendment excessive force claim against
Walker, Engelage, Brooks, Major, and John Does for assaulting
Lisle by punching, kicking, and choking him on January 7,
Count 5: Eighth Amendment excessive force claim against
Chitty for attempting to poison Lisle and inciting Walker,
Engelage, Brooks, Major, and John Does ...