Opinion

Tucker v. Watson

Court
District Court, C.D. Illinois
Filed
May 1, 2020
Cited by
0 cases
Authority
More cited than 20.6%

“[s]ection 1997e(e) does not permit recovery for custodial mental or emotional damages ‘without a prior showing of physical injury.’”

How later courts described this case

  • “[s]ection 1997e(e) does not permit recovery for custodial mental or emotional damages ‘without a prior showing of physical injury.’”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS

JOE TUCKER, )

)

Plaintiff, )

v. ) No.: 20-cv-3026-JBM

)

CAMERON WATSON, et al., )

)

Defendants. )

MERIT REVIEW ORDER

Plaintiff, proceeding pro se and after full payment of the filing fee, asserts an action

under 42 U.S.C. § 1983 alleging inhumane conditions of confinement at the Western Illinois

Correctional Center. Plaintiff names Illinois Department of Corrections (“IDOC”) Director Rob

Jeffreys, Western Warden Cameron Watson, Counselor Boswick, Grievance Officer Tara Goins

and Debbie Knauer of the Administrative Review Board (“ARB”). The case is before the Court

for a merit review pursuant to 28 U.S.C. § 1915A. In reviewing the Complaint, the Court

accepts the factual allegations as true, liberally construing them in Plaintiff's favor. Turley v.

Rednour, 729 F.3d 645, 649 (7th Cir. 2103). However, conclusory statements and labels are

insufficient. Enough facts must be provided to "'state a claim for relief that is plausible on its

face.'" Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013).

Plaintiff complains of the overall physical condition of the facilities at Western. These

include dirty exhaust vents, a broken exhaust blower in the dayroom, extreme heat in summer,

mold and mildew in the showers and laundry and “ping-pong” toilets where contents flushed in

one toilet back up into another. In addition, Plaintiff claims that inmates are given inadequate

cleaning supplies and watered-down cleaning agents.

Plaintiff asserts that he wrote a grievance regarding these conditions on June 9, 2019.

He does not indicate to whom the grievance was directed or how it was received. Plaintiff names

Counselor Boswick, Grievance Officer Tara Goins and ARB Chair Debbie Knauer, but directs

no allegations against them. He claims that Director Jeffreys and Warden Watson were “grossly

negligent” in supervising their employees and that employees, in general, failed to remedy the

conditions.

ANALYSIS

To make out an inhumane conditions of confinement claim a Plaintiff must allege an

extreme deprivation, [“b]ecause routine discomfort is ‘part of the penalty that criminal offenders

pay for their offenses against society’, only those deprivations denying ‘the minimal civilized

measure of life's necessities' are sufficiently grave to form the basis of an Eighth Amendment

violation.” Hudson v. McMillian, 503 U.S. 1, 9 (1992) (internal citations omitted). Conditions

which are “restrictive and even harsh” do not reach this standard. Rhodes v. Chapman, 452 U.S.

337, 347 (1981).

While the alleged conditions might otherwise state a colorable claim, Plaintiff fails to

identify those individuals whom he holds responsible. Plaintiff has named three individuals who

likely had responsibility for processing his grievances but does not indicate in what way they

violated his constitutional rights; a claim must contain factual allegations sufficient to show that

Plaintiff is entitled to relief from the Defendant against whom the claim has been asserted. See

Marshall v. Knight, 445 F.3d 965, 968 (7th Cir. 2006) noting that Fed. R. Civ. P. 8(a) requires a

“short and plain statement of the claim sufficient to notify the defendants of the allegations

against them and enable them to file an answer.” Merely naming a defendant in the caption is

insufficient to state a claim. Collins v. Kibort, 143 F.3d 331, 334 (7th Cir. 1998). Furthermore,

“the alleged mishandling of [Plaintiff’s] grievances by persons who otherwise did not cause or

participate in the underlying conduct states no claim.” See Owens v. Hinsley, 635 F.3d 950, 953

(7th Cir. 2011).

While Plaintiff implies that all Defendants were aware of the conditions, he does not

identify which of the Defendants were aware or claim that he personally discussed these

conditions with any of them. See Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir.

2005) (citations omitted) (“to be liable under [Section] 1983, an individual defendant must have

caused or participated in a constitutional deprivation.”)

Plaintiff’s allegations against Defendants Jeffreys and Watson assert that they were

“grossly negligent” in supervising their subordinates. The doctrine of respondeat superior

(supervisor liability) does not apply to actions filed under §1983. Pacelli v. DeVito, 972 F.2d

871, 877 (7th Cir. 1992). Defendants can be liable under §1983 only if they personally

participated in the constitutional deprivation or, if they “know about the conduct and facilitate it,

approve it, condone it, or turn a blind eye for fear of what they might see.” Sanville v.

McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001).

Lastly, Plaintiff claims he has experienced pain and suffering, requesting compensatory

and punitive damages, as well as injunctive relief. Plaintiff is not entitled to compensatory

damages, however, as he has not alleged that he suffered a physical injury. Zehner v. Trigg, 133

F.3d 459, 460 (7th Cir. 1997) (“[s]ection 1997e(e) does not permit recovery for custodial mental

or emotional damages ‘without a prior showing of physical injury.’”)

IT IS THEREFORE ORDERED:

1. Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R.

Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff will have 30 days from the entry of this order

in which to replead his claims as instructed herein. The pleading is to be captioned Amended

Complaint and is to include all of Plaintiff’s claims without reference to a prior pleading. Failure

to file an amended complaint will result in the dismissal of this case, without prejudice, for

failure to state a claim.

2. On January 27, 2020, the Court instructed Plaintiff to provide additional

information regarding his litigation history. Plaintiff subsequently filed a letter [6], disclosing

the terms of two settlements, asserting that they were subject to Nondisclosure Agreements. The

clerk is directed to file [6] under seal. Plaintiff is advised that, in the future, he may disclose that

he settled the two cases subject to Nondisclosure Agreements but is not to reveal the terms of the

settlements.

__5_/1_/_2_0_2_0____________ ______s/Joe Billy McDade __

ENTERED JOE BILLY McDADE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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