Bailey v. Jeffreys

MEMORANDUM AND ORDER

STEPHEN P. MCGLYNN, United States District Judge

Plaintiff Christopher Bailey, who is civilly committed at Big Muddy Correctional Center as a sexually dangerous person (“SDP”), brings this action for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Bailey claims that he was wrongfully written a disciplinary ticket and punished with segregation for refusing to participate in the SDP treatment program. While in segregation, he was held in unconstitutional conditions and assaulted by a correctional officer, which led to another false disciplinary ticket and more punitive segregation time. Bailey seeks monetary damages and declaratory and injunctive relief.

The case is now before the Court for preliminary review of the Complaint pursuant to 28

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U.S.C. § 1915A. As a civilly committed SDP under the Illinois Sexually Dangerous Persons Act, 725 ILCS 205/1.01, Bailey is subject to the Prison Litigation Reform Act, 28 U.S.C. § 1915 et seq. See Kalinowski v. Bond, 358 F.3d 978, 978-79 (7th Cir. 2004). Under Section 1915A, any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief must be dismissed. See 28 U.S.C. § 1915A(b). At this juncture, the factual allegations of the pro se Complaint are to be liberally construed. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

The Complaint^[1]

Bailey alleges the following: For years, Bailey has had disagreements with the SDP treatment staff, including Dr. Holt, regarding his right to refuse and not be part of the SDP treatment program. (Doc. 1, p. 14, 24). On January 10, 2019, after standing up to Dr. Holt's abuse of power and refusing to have anything to do with the SDP treatment program, Bailey was placed in segregation for refusing treatment. (Id.). Dr. Holt wrote Bailey a disciplinary ticket, and Adjustment Committee Members Tony Butler and Shane Tasky found Bailey guilty of three of the five charges. (Id. at p. 24, 35). He was sanctioned to three months segregation and three months C grade status. (Id. at p. 35). Warden Daniel Sullivan concurred in the guilty finding and recommended disciplinary action.

After being placed in segregation, Bailey was assaulted by Lieutenant Kimberly Wharton, while he was handcuffed in his cell. (Doc. 1, p. 16, 26; Doc. 1-1, p. 7). In self-defense, Baily kicked Wharton in the lower abdomen. (Doc. 1-1, p. 7). Sergeant Michael Harris was present at the

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incident and wrote Bailey a disciplinary ticket for assault in order to cover up his inaction and Wharton's use of excessive force. The ticket was heard by the Adjustment Committee, composed of Tony Butler and David Hermetz, on March 5, 2019, and Bailey was found guilty. Bailey was not given a fair hearing and was not allowed to make a statement in his own defense. He was threatened by Butler and then sent back to his cell. (Id.). Bailey was sanctioned with one year in segregation, six months contact visits restriction, and one year segregation yard restriction. (Doc. 1, p. 64). Warden Sullivan again approved the guilty finding and recommended disciplinary action. (Id. at p. 65).

Bailey then filed several grievances, letters, and notified staff verbally about the false allegation that he assaulted staff, and the conduct of Butler and Hermetz, who unjustifiably found him guilty. (Doc. 1, p.16-17, 28). Bailey did not receive responses to his complaints or when he did receive responses from grievance officials, they were vague or untruthful. (Doc. 1-1, p. 8).

In July 2019, Bailey went on a hunger strike and sent a declaration to officials outlining the reasons for the hunger strike and demanding that he, Harris, and Wharton be subjected to polygraph tests. (Doc. 1, p. 17; Doc. 1-1, p. 7-8). The hunger strike only lasted ten days because he had health concerns and because Bailey was told by Big Muddy staff that IDOC administration staff in Springfield, IL, would not be alerted or notified of his unjustified guilty charge for assault. (Doc. 1, p. 17, 27). On August 12, 2019, Bailey was placed on crisis watch after he attempted to commit suicide. Bailey's treatment on crisis watch was deplorable and inhumane. (Id. at p. 18).

After returning to segregation from crisis watch, Bailey began speaking with staff about rejoining “the program” and receiving treatment again. (Doc. 1, p. 18). It was made clear to him by staff that SDP detainees in segregation are not allowed to be a part of the SDP treatment program and cannot receive SDP treatment while in segregation. Staff also told him that he would not be allowed to rejoin the program or receive treatment until he was removed from segregation.

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(Id.). The staff members were unwilling to make any effort to help Bailey obtain early release from segregation so that he could receive treatment.

During his time in segregation, Bailey was subjected to punitive, deplorable, inhumane, oppressive, and degrading conditions. (Doc. 1, p. 18). Bailey experienced sleep deprivation because the other inmates in segregation would scream, sing, and beat and kick doors, sinks, and windows all day and night. (Id. at p. 19). Specifically, for a significant amount of time, Bailey was celled across from a severely mentally ill person, who could see right into Bailey's cell and would make sexually harassing comments and threats. (Id. at p. 18). For stretches of time, this other inmate would be quiet, but more often than not, he would beat on his cell door and repeatedly scream different phrases for hours. (Id. at p. 18-19). Bailey was harassed by guards and especially other inmates. He was not allowed to use the telephone and denied access to email. Bailey had very limited opportunities to socialize with others. (Id. at p. 19).

Bailey also had difficulty sleeping because he had an uncomfortable mattress and pillow and the extreme temperatures in his cell. The cells in segregation have poor ventilation so they become too hot in the summer and too cold in the winter. The vents often blow room temperature air or do not function at all. (Id.) In the summer, Bailey was not allowed to have his fan. (Id. at p. 20). In the cold months, Bailey was not given seasonal clothing, such as thermals or sweaters. (Id. at p. 19). He was also not provided extra blankets. Often, there is no hot water in the cells or segregation showers. The inmates in segregation were repeatedly told that the “boilers were down.” (Id.). When hot water is available in the showers, the water “will always cool down fast and then fluctuate from moment to moment from tepid to outright cold.” (Id. at p. 19-20).

Bailey was denied “out-of-cell” recreation time, his monthly state pay stipend, and law library access. (Doc. 1, p. 20). Writing supplies and nonlegal envelopes are also not provided to all indigent inmates, even those not in segregation, except for cheap “flexipens.” The lack of

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nonlegal envelopes and writing supplies hindered his ability to maintain communication with the few people he has contact with in the outside world, which is important to his mental health. (Id. at p. 20-21).

After his release from segregation, Bailey had no further conflict with the SDP staff or the program until his cell was shaken down on June 17, 2020. The correctional officer who shook down his cell confiscated a number of items. The property was deemed contraband and disposed of by SDP staff without any legal authority. (Doc. 1, p. 31-32).

Preliminary Dismissals

Bailey asserts allegations against Shelton and Hoxworth in the Complaint, but these individual are not named in the case caption as defendants. The Court will not treat parties not listed in the caption as defendants, and any claims against them are dismissed without prejudice. See Myles v. United States, 416 F.3d 551, 551-52 (7th Cir. 2005) (to be properly considered a party a defendant must be “specif[ied] in the caption”).

Discussion

Based on the allegations of the Complaint, the Court finds it convenient to designate the following counts:

Count 1: Fourteenth Amendment claim against Dr. Holt, Brown-Foiles, Staver, Wright, and Sullivan for violating Bailey's right to refuse treatment

Count 2: First Amendment claim against Dr Holt for issuing Bailey a disciplinary ticket and placing him in segregation in retaliation for refusing treatment

Count 3: Fourteenth Amendment claim against Dr. Holt, Butler, Tasky, and Sullivan for depriving Bailey of a protected liberty interest without due process of law in connection with the first disciplinary ticket issued on January 10, 2019

Count 4: Fourteenth Amendment claim against Harris, Butler, Hermetz, Sullivan, Clark, and Morgenthaler for depriving Bailey of a

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protective liberty interest without due process of law in connection with the second disciplinary ticket issued on March 2, 2019.

Count 5: Fourteenth Amendment claim against Wharton for the use of excessive force against Bailey.

Count 6: Fourteenth Amendment claim against Harris and Sullivan for failing to intervene and protect Bailey from assault by Wharton.

Count 7: Fourteenth Amendment claim against Jeffreys for subjecting Bailey to inhuman conditions of confinement while in segregation.

Count 8: Fourteenth Amendment claim against Sneed for the mishandling of Bailey's grievances.

Count 9: Fourteenth Amendment claim