Lisle v. Senor-Moore

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE

         Plaintiff, 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).

         The Complaint

         Lisle is a mentally ill inmate who has a history of suicide attempts that includes self-mutilation.^[1] (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 there. Id.

         In 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. 4-5).

         On 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).

         Lisle 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.

         Sometime 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).

         Following 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 January 2019.

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, 2019.

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, 2019.

Count 5: Eighth Amendment excessive force claim against Chitty for attempting to poison Lisle and inciting Walker, Engelage, Brooks, Major, and John Does ...