United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
REONA J. DALY UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the Motion for Summary Judgment
(Doc. 53) filed by Defendant Pappas and the Motion for
Summary Judgment (Doc. 56) filed by Defendant Stinson.
Plaintiff timely filed responses (Docs. 63, 64). For the
following reasons, Defendant Pappas' motion is
GRANTED and Defendant Stinson's motion
Frank Martin, an inmate in the custody of the Illinois
Department of Corrections (“IDOC”), filed this
lawsuit pursuant to 42 U.S.C. § 1983, alleging that his
constitutional rights were violated while he was incarcerated
at Menard Correctional Center (“Menard”).
Following threshold review, Plaintiff proceeds on the
Count 1:Defendants Stinson and Pappas failed
to protect Plaintiff from violence at the hands of inmate
Gaines, in violation of the Eighth Amendment.
filed motions for summary judgment arguing there is no
evidence they had actual knowledge of an impending harm.
Plaintiff contends he informed both Defendants of the harm
posed by his cellmate.
all times relevant, Plaintiff was housed at Menard
(Plaintiff's Deposition, Doc. 54-1 at 5). Plaintiff was
transferred to Menard on January 6, 2016 (Doc. 56-2 at 1). On
February 5, 2016, Plaintiff was placed in West 509 with a
cellmate, Calvin Gaines (Id., Doc. 54-1 at 5).
According to Plaintiff, when he moved into the cell, Gaines
told him there were rules for the cell (Doc. 54-1 at 5).
Gaines would become angry with Plaintiff if he did not clean
the cell the right way (Id.). The two were celled
together for approximately two and a half months (Doc. 56-2
testified during the time the two were housed together,
Gaines' attitude worsened, and he grew angry (Doc. 54-1
at 6). Plaintiff sent a kite to the mental health department
expressing confusion with his cell placement (Doc. 54-3 at
99). Melissa Pappas, a mental health professional, responded
to Plaintiff's kite and set up a face-to-face meeting on
February 18, 2006 (Id.). Plaintiff inquired about
how he was placed with his cellmate and expressed frustration
and unhappiness with his living situation (Id.).
Pappas explained the placement protocol (Id.). She
noted Plaintiff suffered from depression and scheduled a
follow up within 30 days (Id.). The interaction
lasted approximately five minutes (Id.).
March 14, 2016, Pappas met with Plaintiff a second time to
discuss a treatment plan (Doc. 54-3 at 102). Plaintiff
reported, “I am coping with my cellie. Well, I am
trying to.” (Id.). Pappas discussed with
Plaintiff coping skills to deal with frustration
(Id., 54-4 at 2, 54-1 at 17). The interaction lasted
approximately twelve minutes (Doc. 54-3 at 102). Pappas
attested that at no time during the February 18, 2016 or
March 14, 2016 interactions did Plaintiff indicate he was
being threatened or feared for his safety (Doc. 54-4 at 2).
Pappas further stated that if an offender came to her fearing
for his safety from his cellmate, it is her regular practice
to note specific threats in his records, contact internal
affairs, and note that internal affairs has been contacted
(Id.). Plaintiff's mental health records from
February 18, 2016 and March 14, 2016 contain no documentation
regarding threats from his cellmate (Doc. 54-3 at 99-102).
Defendant Pappas had no other interaction with Plaintiff
prior to the May 25, 2016 assault (Id.).
testified during the two-month period they were housed
together, Gaines increasingly threatened him approximately
40-50 times (Doc. 54-1 at 8). Gaines would threaten to
“beat my ass, ” “take me out, ” and
“make my life miserable” (Id. at 7).
Plaintiff testified he complained to a number of correctional
staff, including Internal Affairs Officer Bridges and
Lieutenant Samuel (Id. at 7-8). Plaintiff also
testified during one exchange, Gaines punched him in the face
(Id. at 8). Plaintiff did not report the incident of
being punched to anyone (Id. at 9).
testified he spoke to Defendant Officer Stinson on one
occasion in May 2016 about the issues he was having with
Gaines (Doc. 54-1 at 11-12). He could not recall exactly when
he spoke to Stinson (Id. at 11-13). Plaintiff told
Stinson he felt threatened by Gaines and needed to be moved
(Id. at 11-12, 14). The conversation took place when
Plaintiff was in line coming back from chow and lasted
approximately 30-45 seconds (Id.). Plaintiff
testified regarding his conversation with Stinson, “I
think I generalized what was going on in the cell. I
didn't give any specific examples” (Id. at
14). Reo Stinson attested he does not recall every speaking
with Plaintiff (Doc. 59).
25, 2016, Plaintiff was assaulted by Calvin Gaines (Doc. 54-1
at 15). Plaintiff had just returned from lunch and was
getting ready to go down to the showers when Gaines told him
he was not going to take a shower (Id.). Plaintiff
replied that he was going to go to the showers and Gaines
threw him into the wall, causing him to lose consciousness
(Id.). The correctional officers that were unlocking
cells three doors down responded and separated Gaines from
Plaintiff (Id.). Plaintiff was taken to the health
care unit bleeding and believes he suffered a concussion
(Id. at 16).
testified he never filed a grievance regarding his cell
placement with Gaines (Doc. 54-1 at 13). According to
Plaintiff's Cumulative Counseling Summary, he talked to
his correctional counselor on February 22, 2016, March 16,
2016, March 25, 2016, April 6, 2016, and April 8, 2016, and
made no complaints regarding his cell placement with Gaines
(Id. at 19). Plaintiff testified that he did not
tell his counselor about complaints with Gaines when he
visited the cell because he did not want to say anything in
front of Gaines (Id.). Plaintiff testified he ...