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Jackson v. Burrow

United States District Court, S.D. Illinois

January 14, 2020

LaSEAN JACKSON, Plaintiff,
v.
JOHN BURROW, Defendants.

          MEMORANDUM AND ORDER

          GILBERT C. SISON, UNITED STATES MAGISTRATE JUDGE

         Introduction and Background

         Pending before the Court is Defendant John Burrow's motion for summary judgment (Doc. 90). Specifically, Burrow contends that he is entitled to summary judgment because Jackson cannot prove that he was personally involved in any alleged violation of Jackson's constitutional rights. Jackson counters that there are genuine issues of material fact that preclude summary judgment (Doc. 97). Based on the record, the applicable law and the following, the Court DENIES the motion.

         Plaintiff LaSean Jackson, an inmate incarcerated at Menard Correctional Center (“Menard”), filed this action for violations of his civil rights pursuant to 42 U.S.C. § 1983 (Doc. 1). Jackson alleges that his Eighth and Fourteenth Amendments rights were violated during a strip search and cell shakedown conducted by the Orange Crush Tactical Team (“Orange Crush”) at Menard on April 1, 2016. On March 8, 2017, Jackson was allowed to proceed on two claims: an Eighth Amendment claim against Defendant John Doe for subjecting him to a humiliating and abusive strip search and escort during the Orange Crush's shakedown of Menard's East Cell House on April 1, 2016; and an Eighth Amendment claim against Warden Kimberly Butler and Director of the Illinois Department of Corrections John Baldwin for condoning and/or approving the Orange Crush's policies, practices, or customs and for failing to intervene and stop the deprivation of his constitutional rights on April 1, 2016 (Doc. 8). Thereafter, on December 28, 2018, Jackson, by and through court appointed counsel, filed a First Amended Complaint against only John Burrow alleging an Eighth Amendment claim for the strip search that occurred on April 1, 2016 (Doc. 79).[1]

         As the motion for summary judgment is ripe, the Court turns to address the merits of the motion.[2]

         Facts

         The following facts are taken from the record and presented in the light most favorable to Jackson, the non-moving party, and all reasonable inferences are drawn in his favor. See Ricci v. DeStefano, 557 U.S. 557, 586 (2009).

         On April 1, 2016, Jackson was housed at Menard in the East Cell House, ten gallery, cell 20. Jackson's cellmate was Daniel Amaya. There are 25 cells on ten gallery in the East Cell House at Menard. Each cell holds up to two inmates.

         On April 1, 2016, there was a tactical shakedown of the East Cell House at Menard. During the shakedown of Jackson's gallery, there were several tactical team officers on the gallery, with approximately two officers at every cell. During the shakedown, the inmates on Jackson's gallery were strip searched by tactical team officers. After the strip searches were completed, the inmates on Jackson's gallery were dressed, handcuffed and ordered to exit their cells. Once all the inmates on Jackson's gallery were out of their cells, the tactical team officers escorted them off their gallery, down the stairs, and out of the East Cell House and over to the chapel.

         The inmates from the East Cell House remained in the chapel for about an hour and half to two hours. During this time, the tactical officers conducted searches of the cells of Jackson's gallery. After the tactical team officers finished searching the cells, Jackson and the other inmates were escorted from the chapel back onto their gallery and into their cells. Once the inmates were back in their cells, the handcuffs were removed, their cell doors were closed, and the tactical team officers left the gallery.

         Jackson alleges that during the strip search on April 1, 2016, while he was naked, he was instructed to bend over at the waist and spread his butt cheeks. Jackson claims that after he complied with the order to spread his butt cheeks, an officer blew air into his anus. Jackson does not know why the officer did that. Jackson also claims that while he was being escorted back from the chapel to his gallery, the officer grabbed his butt and said, “nice ass.” Jackson further claims that after he got back to his gallery, the officer grabbed his penis and called him a “faggot.”

         After the incident, Jackson complained about the alleged misconduct to staff at Menard. Menard Lieutenant Whitley issued a Report after interviewing Jackson and Burrow. (Doc. 64-2). Lieutenant Whitley reported the following:

On April 5, 2016, an administrative interview was conducted with offender JACKSON. During the interview offender JACKSON stated on April 1, 2016 he was in the East house during the tactical shakedown. JACKSON states his cellmate was getting strip searched and the tactical team was going through the procedure. JACKSON stated while his cellmate was getting strip searched he heard a blowing sound. JACKSON stated the tactical team told his cellmate to bend at the waist and spread his “ass cheeks.” JACKSON stated the same thing happened to him while he was strip searched. JACKSON stated the tactical team officer who searched him was not black; he was white, Hispanic, or Asian. JACKSON stated on the way back from chapel his shirt was untucked and while he was walking up the steps a tactical officer started tucking his shirt in and while he was doing this the officer grabbed his butt and said, “nice ass.” JACSKON stated that once he got to 10 gallery a tact officer reached over, grabbed his penis, and then called him a “faggot.” JACKSON stated he does not know the ethnicity of the officer. JACKSON stated he was scared to bring this up until his cellmate came forth and explained that something happened to him, so he came forth and wrote a grievance (Attachment # 3).
A DCA 30580 was completed which showed that Correctional Officer JOHN A. BURROW, who is employed at Pinckneyville Correctional Center, searched the cell of the ...

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