United States District Court, C.D. Illinois
CASE MANAGEMENT ORDER
E. SHADID, UNITED STATES DISTRICT JUDGE
a pro se prisoner, filed a complaint, a motion to proceed in
forma pauperis (IFP), a motion for appointment of counsel,
and a motion for emergency injunctive relief. [ 1, 3, 5, 6].
The Court denied Plaintiff's motion to proceed IFP noting
he currently had $1, 175 in his Trust Fund Account.
See November 15, 2019 Text Order. Plaintiff has now
paid the filing fee in full.
considering Plaintiff's motion for emergency injunctive
relief, the Court is first required by 28 U.S.C. §1915A
to “screen” the Plaintiff's complaint, and
through such process to identify and dismiss any legally
insufficient claim, or the entire action if warranted. A
claim is legally insufficient if it “(1) is frivolous,
malicious, or fails to state a claim upon which relief may be
granted; or (2) seeks monetary relief from a defendant who is
immune from such relief.” 28 U.S.C. §1915A.
alleges 19 Defendants violated his constitutional rights at
Pontiac Correctional Center including Warden Terri Kennedy;
Major Leininger; Mental Health Worker Todd Nelson;
Lieutenants Biros, Torres, and Whitecotton; Nurses Sherry
Powers and Nicky; and Correctional Officers Farley, Dame,
Bertville, Henson, Henkel, Pufall, Newkirk, McBride,
John Doe #1, John Doe #2, and John Doe # 3.
1, 2019, Plaintiff informed a mental health worker that he
had inserted a piece of metal “deep inside of his arm
that was causing him excruciating pain.” (Comp, p. 11).
The mental health worker notified security and health care
claims typically when an inmate is escorted to the Health
Care Unit, the inmate is handcuffed to a waist chain.
However, Defendants McBride and Newkirk told Plaintiff a new
policy required them to cuff Plaintiff behind his back
because of his sexual misconduct violations. Defendants
claimed the policy was instituted by Warden Kennedy and
explained he was in severe pain and forcing him to cuff with
his hands behind his back would cause greater pain. Plaintiff
also said he had a “waist-chain permit that was in the
process of being renewed.” (Comp., p. 12). Finally,
Plaintiff told the officers the doctor would not be able to
remove the metal from his arm with the cuffs. Nonetheless,
Defendants refused to use a waist-chain.
asked to speak to a supervisor and Defendant Biros responded.
Biros again stated the new policy required Plaintiff to be
cuffed behind his back. Biros then called Defendant Nurse
Nicky and a three-man tactical team. Plaintiff refused to
leave unless a waist chain restraint was used to prevent
further pain and injury. The nurse and tactical team members
interpreted Plaintiff's statements as a refusal for
further medical treatment and left. Plaintiff says he was
left to suffer in pain.
next claims Defendant Leininger ordered Defendants Farley and
Dame as well as unspecified tactical team members to
forcefully remove Plaintiff and take him to his cell.
Plaintiff does not clarify where he was in the prison, nor
how long this occurred after his encounter with Defendant
does allege the officers cuffed him with his hands behind his
back. Plaintiff also says his leg shackles were then
connected to a bolt in the floor and he was forced to sit
with his head and neck in his lap. Plaintiff said the
position caused extreme pain in his neck, back, arm, hands,
wrist and shoulder.
unspecified Defendant then squeezed his buttocks and
whispered in his ear, “keep your head down dick
sucker.” (Comp., p. 14). Plaintiff told the officers
they were hurting him and he wanted to file a Prison Rape
Elimination Act (PREA) complaint due to the alleged sexual
assault. Plaintiff claims Defendants Dame, Cullman, and
Nelson took no action even though they saw Plaintiff
“was being assaulted.” (Comp., p. 14).
officers next put Plaintiff in a “wheelchair
restraint” and took him back to his cell. (Comp., p.
14). Once at his cell, Plaintiff continued to yell he wanted
to file a PREA report. Officers instructed Plaintiff to kneel
on the floor, so they could remove his shackles. However,
Plaintiff says the officers pulled the shackles through the
chuckhole with such force it caused “his left and right
wrists to cut open. Blood began pouring and squirting out of
his wrists.” (Comp., p. 15). Plaintiff was jumping up
and down, screaming from the pain, and showing his wrists to
Defendant Dame and the other tactical team members.
Defendants Dame and Bertville then began to taunt the
Plaintiff and told him they hoped he would die. Ultimately,
the officers left Plaintiff's cell without providing any
says he also asked Defendant Officers Henson, Henkel, and
Pufall for medical attention, but they ignored his obvious
unspecified point, Correctional Officers McBrice, Newkirk,
Maddox, and Leslie told Plaintiff they would get him help.
Defendant Nurse Sherry responded, but Plaintiff says the
nurse refused to provide any care, and instead said
“let his nigga die” and walked off. (Comp., p.
Officers McBride and Newkirk then took Plaintiff to see
Defendant Nurse Nicky. Plaintiff was handcuffed behind his
back, and a jump suit was wrapped around his arm to stop the
bleeding. Nurse Nicky sent Plaintiff to urgent care where he
received stiches for his injuries.
claims he has suffered with nightmares and flashbacks from
the incident. Plaintiff also says he has
“nonstop” pain in his wrists, arms, hands and
shoulders, ” but Plaintiff also says he sometimes
experiences “numbness” in his hands and wrists.
(Comp., p. 18). Despite his on-going problems, officers still
force Plaintiff to wear behind-the-back handcuffs whenever he
is escorted to mental health group meetings, mental health
sessions, or other areas in the prison. (Comp., p. 18).
Plaintiff further claims he has been denied pain medication,
but does not clarify which medical provider refused the
medication. In addition, Plaintiff does not state whether he