Graham v. Richelmon

CEDRICK J. GRAHAM, #B87484 Plaintiff, v. GANNON RICHELMON, SERGEANT BRUMLEY,JOHN DOE 1, Segregation Lieutenant, JOHN DOE 2, Gallery Officer,JOHN DOE 3, Tactical Team Member,JOHN DOE 4, Tactical Team Member, JOHN DOE 5, Tactical Team Member,JANE DOE 1, Nurse, WEXFORD HEALTH SOURCES, INC.,MAJOR BOCHOUTUS, MAT PAGE,JOHN/JANE DOE 6, Warden, JOHN DOE 7, IDOC Director,JOHN DOES 8-12, Adjustment Committee,COUNSELOR TEASE, MEDICAL STAFF,CORRECTIONAL OFFICERS, MENARD EMPLOYEES, andANTHONY WILLS (official capacity), Defendants.

Case No. 3:21-cv-00340-SMY

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

June 17, 2021

MEMORANDUM AND ORDER

YANDLE, District Judge:

Plaintiff Cedrick J. Graham, an inmate of the Illinois Department of Corrections ("IDOC") currently incarcerated at Hill Correctional Center ("Hill"), filed the instant lawsuit pursuant to 42 U.S.C. § 1983 for alleged deprivations of his constitutional rights at Menard Correctional Center ("Menard"). This case is now before the Court for preliminary review of the Complaint under 28 U.S.C. § 1915A. Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed.

28 U.S.C. § 1915A(b).

The Complaint

Plaintiff makes the following allegations in the Complaint (Doc. 1): Plaintiff requested to be moved from Joshua Hodges, a seriously mentally ill inmate, who threatened and harassed him. Plaintiff's complaints infuriated Hodges and he made a false PREA claim. Plaintiff was notified about the PREA claim on May 10, 2019 and was escorted to North 2 segregation cell #4-48 on investigative status (instead of receiving segregation). He was released from segregation on May 23, 2019 and placed back in receiving.

While in segregation on May 14, 2019, Plaintiff was experiencing flu-like symptoms and requested medical assistance from John Doe 2 (gallery officer). John Doe 2 stated Plaintiff did not appear ill and kept walking. Later John Doe 2 stopped at Plaintiff's cell and saw him lying on the floor vomiting. John Doe 2 stated, "geez you are sick" and left. Moments later, John Doe 2 returned with Sergeant Brumley, instructed Plaintiff to drink some water, and left again. Later, Plaintiff vomited so much he began dry heaving. John Doe 2 walked by the cell and could hear and see Plaintiff in need of medical care. Plaintiff begged John Doe 2 to please help him but he kept walking. Other inmates in the area that could hear Plaintiff vomiting and dry heaving yelled for help. Plaintiff eventually passed out from exhaustion.

Shortly thereafter, Sergeant Brumley and John Doe 2 observed Plaintiff unconscious on the cell floor. They ordered a tactical team to remove him, even though he was unconscious and showed zero signs of aggression or threat. Plaintiff was awakened by the extreme aggressive behavior of John Does 3-5 (tactical team members), who repeatedly punched, kicked, and stomped Plaintiff. During the assault, one of John Does 3-5 stated "don't hit him in the face that's how we got in trouble last time." John Doe 1, John Doe 2, and Sergeant Brumley did not intervene toprevent the assault by John Does 3-5. Plaintiff believes that one of them also kicked and struck him. Plaintiff was dragged from the cell through the gallery and up a flight of stairs while being stomped and kicked by John Does 3-5. He believes John Doe 2 also kicked and struck him. At no time did Plaintiff display aggression, combative behavior, or resistance. He did not threaten any correctional officers.

Plaintiff was tossed into the segregation bullpen in North 2 cellhouse. Sergeant Brumley stated "I don't think you're sick...do you like what you got for making me have to work...I could have killed you for interrupting my day." Nurse Jane Doe 1 was standing next to Sergeant Brumley when he made this statement. Plaintiff told Sergeant Brumley, John Doe 1, and Jane Doe 1 that he had been vomiting and having sharp pains. John Doe 1 (the segregation cell house lieutenant) stated "oh you got a little tummy ache now you're going to get up and walk your ass back to your cell." Nurse Jane Doe 1 did not assess Plaintiff or intervene.

Plaintiff was then removed from the bullpen by John Does 3-5 and roughly escorted back to his cell by John Does 2-5. He was tossed back into the vomit ridden cell and shoved so aggressively he slipped on the vomit, further exacerbating his injuries from the assault. He suffered injuries to his shoulder, back, torso, wrist, arms, and legs. The restraints were so tight he lost feeling in his arms and hand. He was denied medical care by John Does 1-5 and Sergeant Brumley. Plaintiff continues to suffer from physical and mental pain due to the assault. He has persistent pain in his back, knee, ankles, and neck and suffers from post-traumatic stress.

Later on May 14, 2019, Plaintiff submitted a sick call request for flu-like symptoms and the injuries from the assault, but did not receive a response. He also submitted sick call request slips on May 17, 18, and 19, 2019 seeking medical care for his original claim of illness and for the injuries from the assault. He never received a response to the request slips and was not providedmedical care.

Plaintiff was served with a disciplinary ticket on May 15, 2019 for disobeying a direct order essential to safety and security for refusing to be restrained. Correctional Officer Richelmon wrote the false disciplinary ticket. In the report, C/O Richelmon stated Plaintiff was evaluated by medical staff and told them that he played hurt to get to see the nurse. C/O Richelmon issued the ticket in retaliation for Plaintiff complaining of severe pain. The shift supervisor, Mat Page, conducted the shift review of the disciplinary report and directed Plaintiff's placement in temporary confinement. Major Bochoutus also reviewed the disciplinary report and concurred in the temporary confinement. Sergeant Brumley and John Doe 1 violated Plaintiff's First amendment right by attempting to use their position of authority and intimidate him with a false disciplinary ticket to stop him from filing a grievance.

Plaintiff filed a grievance on staff conduct and the disciplinary report on May 17, 2019, but did not receive a response. He filed another grievance on May 19, 2019 on denial of medical treatment and staff conduct, but did not receive a response. He wrote a letter to Warden John/Jane Doe 1 on May 20, 2019 regarding his confinement in segregation, the assault, and the denial of medical care, but did not receive a response.

Plaintiff went before the Adjustment Committee, John Does 8-12, on May 22, 2019. He made a statement, produced relevant documents, and requested that the inmates housed near the incident be interviewed. John Doe 8 told Plaintiff to leave the disciplinary hearing. After the hearing, Plaintiff did not receive a statement as to the findings or disposition. On July 22, 2019, Plaintiff found out he had been disciplined and found guilty from a grade promotion notification. Warden John/Jane Doe 6 did not provide him a hearing investigator as is required for a major infraction and he was not informed of his right to appeal.

Plaintiff sent requests to Counselor Tease on May 24, May 29, June 19, June 26, June 28, 2019 about his grievances but did not receive any responses. He filed a grievance on July 12, 2019 on staff conduct and the false IDR ticket that was given to him to cover up staff misconduct and the denial of medical care that occurred on May 14, 2019 but did not get a response. The same day, he sent a letter and grievance to IDOC Director John Doe 7 but did not receive a response. He submitted additional requests to Counselor Tease on July 31 and August 7, 2019 about not receiving responses to his grievances but did not receive a response. He filed a grievance on September 6, 2019 on Counselor Teas regarding staff conduct and practices of IDOC grievance process and request slip response policies but did not receive a response. The same day, he sent another letter to IDOC Director John Doe 7 asking him to please check on the issues raised in his grievances but did not receive a response.

Plaintiff asked Counselor Tease about the requests slips he had sent her and the grievances he had filed. In response, she stated, "Mr. Graham do you like Pontiac because that's where I'll send your ass to Pontiac...keep poking the hornets nest mother fucker I'll make sure you do the hardest time possible. I will make sure your time is pure hell, try me." About a week later, Plaintiff was threatened by Counselor Tease and John Doe 1. Plaintiff asked about his grievances and the policies of the IDOC grievance process. Plaintiff was warned "If it's up to me or you losing my job I'd have you killed." John Doe 1 asked if Plaintiff thought he would allow Plaintiff to sue him. John Doe 1 also stated he would have all of Plaintiff's grievances shut down to prevent exhaustion so Plaintiff's lawsuit would be dismissed.

Plaintiff was transferred to Hill on September 18, 2019 in retaliation for his grievances. He filed a grievance at Hill on October 3, 2019 regard the Menard incidents and received a response to forward the grievance to the ARB. He forwarded the grievance to the ARB on October10, 2019. He received a response from the ARB dated December 23, 2019, stating the grievance was not submitted in the time frame outlined in DR 504. He then sent another grievance directly to the ARB but received no response. He wrote a letter to the ARB on January 3, 2019 but did not receive a response.

John Does 1-5 and Sergeant Brumley have repeatedly engaged in excessive force against inmates in the past. Warden John/Jane Doe 6 and IDOC Director John Doe 7 have been placed on notice of the abusive conduct of John Does 1-5 and Sergeant Brumley by a number of complaints and grievances over many months and years but have failed to take disciplinary action against...