Petition for Writ of Certiorari — Charles A. McRae, Petitioner v. Shannon N. Myers, et al.

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NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with Fed. R. App. P. 32.1

Unitetr j&afos Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted February 14, 2023*

Decided March 9, 2023

Before

DIANE P. WOOD, Circuit Judge

MICHAEL Y. SCUDDER, Circuit Judge

CANDACE JACKSON-AKIWUMI, Circuit Judge

No. 22-1821

CHARLES A. McRAE

Plaintiff-Appellant,

v.

SHANNON N. MYERS, et al,

Defendants-Appellees.

Appeal from the United States District

Court for the Southern District of Illinois.

No. 20-cv-410-DWD

David W. Dugan,

Judge.

ORDER

In April 2020, Charles McRae, an Illinois prisoner, sued a prison dental hygienist

under 42 U.S.C. § 1983 for allegedly assaulting him sexually more than a decade earlier.

McRae also sued various officials at the prison and in the Illinois Department of

Corrections ("IDOC") for covering up the sexual assaults at the time or inadequately

investigating his grievances later. After allowing multiple amendments, the district

* Appellees were not served with process and are not participating in this appeal.

We have agreed to decide the case without oral argument because the brief and record

adequately present the facts and legal arguments, and oral argument would not

significantly aid the court. Fed. R. App. P. 34(a)(2)(C).

No. 22-1821

Page 2

court determined that McRae's claims were either time-barred or pled insufficiently and

dismissed the second amended complaint under 28 U.S.C. § 1915A. We affirm.

In reviewing the sua sponte dismissal of McRae's complaint, we take his

allegations as true and draw all reasonable inferences in his favor. See Perez v. Fenoglio,

792 F.3d 768, 776 (7th Cir. 2015). From mid-2008 until mid-2009, McRae's job at Big

Muddy River Correctional Center was to clean the health care unit, often under the

supervision of hygienist Shannon Myers. Throughout the year, Myers forced sexual

contact with McRae, which included kissing, grabbing, oral sex, and intercourse. McRae

resisted at first but acquiesced when Myers became aggressive. Two of Myers's

coworkers facilitated her meetings with McRae by being lookouts. Myers threatened

McRae that if he told anyone about what was happening, she and her coworkers would

say that he sexually assaulted her. McRae did not tell anyone, afraid that reporting the

conduct would interfere with his upcoming release. McRae was not aware that he was

legally unable to consent to sexual conduct with Myers. See 720ILCS 5/ll-9.2(e).

In May 2009, McRae was placed on supervised release. Soon after, Myers

convinced McRae's approved home-confinement host to back out because Myers was

pregnant with his child and wanted him to live with her. McRae's parole officer

approved her home as McRae's new host site. Myers then stopped working and helped

McRae get a construction site job. They lived together for eleven months, during which

Myers had "complete control over [him] and what he did," keeping him in "physical,

financial, and sexual servitude," and not allowing him access to mental health services

for his bipolar disorder and other mental health issues. McRae felt he had no choice but

to stay with Myers because she threatened to report him for violating the conditions of

his release. Two months after their child was bom, McRae had a "breakdown," broke

the law again, and went back to state prison.

When McRae was back in prison (not at Big Muddy), Myers, who had begun a

relationship with a correctional officer, threatened McRae that her boyfriend and other

friends throughout IDOC would sabotage him if he told anyone about what had

happened between them. Myers also threatened to change their daughter's name and

put her up for adoption. McRae remained silent out of fear.

Eight years later, in May 2019, McRae questioned Myers at a court hearing

(perhaps pertaining to their shared daughter), where she denied that they had a

relationship while he was at Big Muddy or that they had lived together later. Perplexed

by the lies, McRae did some research and discovered that engaging in a sexual

relationship with an inmate is illegal under state law.

No. 22-1821

Page 3

Armed with this new information, McRae submitted a grievance reporting

Myers for custodial sexual assault. He filed the grievance with the facility where he

resided (the Joliet Treatment Center) and directly with the IDOCs Administrative

Review Board. The Board responded that his grievance was moot because the alleged

assault was already being investigated by the Investigations and Intelligence Division.

McRae was interviewed during that inquiry, and an investigator told McRae that he

had provided enough information to substantiate his allegations. But no one followed

up with McRae afterward. McRae filed more grievances criticizing the prison's and

IDOC's responses to his reports of sexual misconduct and requesting the services

mandated for assault victims under the Prison Rape Elimination Act ("FREA"), 34

U.S.C. §§ 30301-30309. His grievances and requests were all ignored or denied.

In 2020, McRae sued Myers, her two Big Muddy coworkers, his parole officer,

and the IDOC and prison officials who handled his grievances and other requests. In his

operative second amended complaint, McRae asserted that Myers's assaults (in prison

and while he was on home monitoring) constituted cruel and unusual punishment from

which the other dental hygienists and his parole officer were obligated to protect him.

He also claimed that IDOC officials unconstitutionally retaliated and discriminated

against him by not investigating and reporting Myers's crimes or providing victims'

services, despite laws and policies that required them to do so. Finally, McRae alleged

violations of state law, including custodial sexual assault.

The district court dismissed the second amended complaint with prejudice. First,

the court determined that the constitutional claims were time-barred because the

alleged unlawful conduct ended in 2010, and McRae did not file his complaint until

2020, well past the two-year statute of limitations for § 1983 suits in Illinois. As for the

handling of McRae's grievances, the court concluded that McRae did not state an equal

protection claim as a class of one because he did not plausibly plead that the defendants

had an improper personal motive to ignore his reports of sexual assault. And he did not

state a First Amendment retaliation claim, the court reasoned, because he did not allege

a causal connection between the alleged retaliation and protected speech. Finally, the

court declined to exercise supplemental jurisdiction over McRae's state-law claims.

No. 22-1821

Page 4

McRae appeals the dismissal.1 He argues that (1) none of his claims were timebarred because the statute of limitations did not begin to run while Myers still

threatened him; (2) he properly pled his First Amendment and equal protection claims;

and (3) the district court should have exercised supplemental jurisdiction over his statelaw claims. We review the dismissal de novo. Perez, 792 F.3d at 776.

McRae contends that the statute of limitations has not run on any of his claims

because he is still being injured by Myers's threats. He relies on an Illinois statute

providing that the statute of limitations for criminal sexual conduct does not run while

"the person injured is subject to threats, intimidation, manipulation, or fraud

perpetrated by the perpetrator." 735 ILCS 5/13-202.3. But even though we borrow the

statute of limitations itself from state law, "the accrual date of a § 1983 cause of action is

a question of federal law that is not resolved by reference to state law." Wallace v. Kato,

549 U.S. 384, 388 (2007). Under federal law, the clock starts when the constitutional

violation is complete, and the plaintiff knows of his injury and its cause. Id.; O'Gorman

v. City of Chicago, 111 F.3d 885, 889 (7th Cir. 2015).

Any constitutional violations by Myers and the parole officer were complete in

2010—when McRae last interacted with Myers—and earlier for the other hygienists.

(Myers and McRae attended the hearing in 2019, but he does not allege that she injured

him then.) By 2010, McRae knew the facts and cause of his injury even if he did not

know the law on custodial rape (and he never says when he learned of possible

constitutional claims). See Tohey v. Chibucos, 890 F.3d 634, 646 (7th Cir. 2018). Thus, his

2020 complaint was filed past the two-year limitations period. See id. at 645.

McRae's claims arising from the handling of his 2019 grievances are timely, but

their dismissal was proper. McRae contends that he stated a class-of-one equal v

protection claim because his complaint allowed the inference that the officials who

rejected or ignored his grievances were personally motivated to avoid liability for his

abuse. It is not settled (though the district court stated otherwise) that McRae had to

allege that the defendants held personal animus against him. See Brunson v. Murray,

843 F.3d 698, 706 (7th Cir. 2016) (citing Del Marcelle v. Brown Cnty. Corp., 680 F.3d 887

(7th Cir. 2012) (en banc)). At a minimum, however, plaintiffs must allege that they were

"intentionally treated differently from others similarly situated and that there is no

rational basis for the difference in treatment." Vill. Of Willowbrook v. Olech, 528 U.S. 562,

1 McRae also challenges the dismissal with prejudice of three claims from his first

amended complaint. But he realleged those claims in the operative complaint, and the

district court ruled on them again. Thus, we need only address the final dismissal order.

No. 22-1821

Page 5

564 (2000). Here, McRae alleges the defendants were required to follow certain protocol

for victims of sexual assault, and instead they either ignored his grievances or wrongly

decided them. Responding improperly might allow an inference of negligence, but

without more, not intentional discrimination. See Fares Pawn, LLC v. Indiana Dep't of Fin.

Insts., 755 F.3d 839, 846 (7th Cir. 2014) ("Negligent or accidental differential treatment

does not count."). Nothing suggests that the defendants targeted McRae for

mistreatment or tried to suppress reports of sexual assault.

Next, McRae argues that he stated a First Amendment claim by alleging that

certain defendants retaliated against him for reporting sexual assault by not responding

to his grievances as legally required. Generally, liability cannot be based simply on

reviewing or processing inmate grievances. Owens v. Evans, 878 F.3d 559,563 (7th Cir.

2017) (citing Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001)). An exception

would be if the defendants had a retaliatory motive. But McRae does not allege a

"causal link" between his reports of decade-old assaults and the defendants' handling

of the grievances. Manuel v. Nalley, 966 F.3d 678, 680 (7th Cir. 2020).

Our conclusion is limited to affirming the district court's dismissal of McRae's

claims under § 1983. His allegations are serious, but the federal Constitution does not

protect persons from state actors' violations of state law. Scott v. Edinburg, 346 F.3d 752,

760 (7th Cir. 2003). And, though PREA is a federal law, it does not create a private cause

of action. See 34 U.S.C. §§ 30301-30309.

With no remaining federal claims to adjudicate, the district court appropriately

declined to exercise supplemental jurisdiction over McRae's state-law claims. See 28

U.S.C. § 1367(c)(3). We presume that district courts will relinquish jurisdiction unless

the statute of limitations has run on the state claims, substantial resources have already

been committed to adjudicating the case, or it is obvious how the state claims should be

decided. RWJMgmt. Co. v. BP Prod. N. Am., Inc., 672 F.3d 476,479-80 (7th Cir. 2012).

None of those concerns are present here. We note, however, that despite relinquishing

supplemental jurisdiction, the court stated in its judgment that the operative complaint

was dismissed for failure to state a claim. That is a merits dismissal, not appropriate for

the portion of the case over which the court relinquished jurisdiction. See Rivera v.

Allstate Ins. Co., 913 F.3d 603, 618 (7th Cir. 2018); Fields v. Wharrie, 672 F.3d 505, 518

(7th Cir. 2012). The judgment must specify that the state-law claims are dismissed

without prejudice to refiling in the appropriate forum. We modify the judgment

accordingly, and as so modified, the judgment is AFFIRMED.

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Everett McKinley Dirksen

United States Courthouse

Room 2722 - 219 S. Dearborn Street

Chicago, Illinois 60604

Office of the Clerk

Phone: (312) 435-5850

www.ca7.uscourts.gov

FINAL JUDGMENT

March 9, 2023

Before

DIANE P. WOOD, Circuit Judge

MICHAEL Y. SCUDDER, Circuit Judge

CANDACE JACKSON-AKIWUMI, Circuit Judge

CHARLES A. MCRAE,

Plaintiff - Appellant

No. 22-1821

v.

SHANNON N. MYERS, et al.,

Defendants - Appellees

ifipwn wmrratTom

District Court No: 3:20-cv-00410-DWD

Southern District of Illinois

District Judge David W. Dugan

The judgment must specify that the state-law claims are dismissed without prejudice to

refiling in the appropriate forum. We modify the judgment accordingly, and as so

modified, the judgment is AFFIRMED. The above is in accordance with the decision of

this court entered on this date.

Clerk of Court

form name: c7_FinalJudgment

(form ID: 132)

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 1 of 18 Page ID #650

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

CHARLES A. McRAE,

Plaintiff,

vs.

SHANNON N. MYERS,

JANE DOE 1,

JANE DOE 2,

D. REARDON,

R. JEFFREYS,

L. MCCARTY,

D. KNAUER,

S. JOHNSON,

J. EILERS,

E. JACKSON,

M. DELIA,

R. NOTTINGHAM,

A. TACK,

C. LARRY,

M. NURSE,

D. WILSON,

T. WILLIAMS,

O. JAMISON,

D. MARANO,

K. RENZI.

Defendants.

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Case No. 20-CV-410-DWD

)

MEMORANDUM AND ORDER

DUGAN, District Judge:

Plaintiff Charles McRae, an inmate at the Joliet Treatment Center (JTC) in the

Illinois Department of Corrections (IDOC) brings this civil rights action pursuant to 42

IJ.S.C. S 1983 for alleged deprivations of his constitutional rights. (Doc. 31V This is

Plaintiffs Second Amended Complaint, which was timely filed after the Court dismissed

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 2 of 18 Page ID #651

his earlier complaints for failure to state a claim. His allegations stem from an alleged

series of sexual assaults by a prison employee that began at Big Muddy River Correctional

Center (Big Muddy) and continued upon his release. In recent years, Plaintiff alleges that

he has repeatedly attempt to raise these issues to staff at the JTC and staff of the IDOC to

no avail. He seeks injunctive and monetary relief.

Plaintiffs Second Amended Complaint (Doc. 31) is now before the Court for

preliminary review pursuant to 28 U.S.C. $ 1915A. Under Section 1915A, the Court is

required to screen prisoner complaints to filter out non-meritorious claims. See 28 lifLCI

8 1915AfaWbV Any portion of a complaint that is legally frivolous, malicious, fails to

state a claim upon which relief may be granted, or asks for money damages from a

defendant who by law is immune from such relief must be dismissed. 28 U.S.C. §

1915A(h). At this juncture, the factual allegations of the pro se complaint are to be liberally

construed. Rodriguez v. Plymouth Ambulance Serv.f 577 F,3d 816, 821 (7th Cir. 2009).

The Complaint

The factual allegations in Plaintiffs Second Amended Complaint are strikingly

similar to his First Amended Complaint. Compare (Docs. 15,31). However, in the Second

Amended Complaint Plaintiff replaced many John Doe defendants with the names of

individuals. In the Second Amended Complaint, Plaintiff also elaborated on many of his

legal claims.

At the outset of the Second Amended Complaint, Plaintiff discusses Illinois State

statutes and administrative procedures, as well as provisions of the Code of Federal

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 3 of 18 Page ID #652

Regulations, that he views as applicable to his case. (Doc. 31 at 6-181. The Court does

not find it necessary to recount these details for the purposes of this initial review order.

Plaintiff alleges that around August 2008, he was assigned a job as a health care

porter at Big Muddy. /Doc. 31 at 18V As part of his job duties, Plaintiff worked in the

dental area with Defendant Myers. In late 2008 during one of his shifts, Myers allegedly

cornered Plaintiff in an exam room and kissed him. (Doc. 31 at 20V Plaintiff did not

report the incident for fear that it would impact his release date, but Myers allegedly told

Jane Does 1 and 2. Plaintiff told Myers that he was not interested in a relationship.

Plaintiff alleges that over time, Myers continued to corner him, and she began to sexually

assault him on numerous occasions. He alleges that Jane Does 1 and 2 knew about this

conduct and acted as a look out, to warn Myers if anyone was in the vicinity. Plaintiff

alleges that this conduct occurred on a regular basis until his release from Big Muddy on

May 9,2009. /Doc. 31 at 23V

Upon release, Myers showed up at Plaintiffs parole placement house and told his

host site provider that she was his girlfriend, and she was pregnant with his child. (Doc.

31 at 24V From that point forward, Myers frequently came to Plaintiffs host site and

sexually assaulted him. A few weeks later, Myers convinced Plaintiffs host to contact

IDOC and to tell them she was no longer willing to host Plaintiff. IDOC directed Plaintiff

to move to Myers' house and to stay there until a parole officer visited. (Doc. 31 at 25).

At some point during his stay at Myers' house, Defendant Reardon, a parole agent, came

by to check on Plaintiff. Reardon had Plaintiff call Myers at work and then Reardon took

the phone outside and spoke to Myers for a while. Reardon returned and told Plaintiff

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 4 of 18 Page ID #653

that he had approved Myers' house as his new host site. Plaintiff alleges that this caused

him to be subjected to physical, financial, and sexual servitude for the next eleven

months. (Doc. 31 at 27V

During his eleven-month stay at Myers' house, Plaintiff alleges that among other

things she would not allow him to seek inpatient treatment for his mental illness. /Doc.

31 at 281 As a result, Plaintiff alleges he ultimately suffered an emotional, mental, and

physical breakdown which led to his reincarceration.

Upon reincarceration, Myers

allegedly told Plaintiff he had to keep their relationship a secret and she threatened to

harm him or to terminate his parental rights to their child. Plaintiff alleges that he lived

in fear for eight years. (Doc. 31 at 29V

Plaintiff alleges that in 2019 he was transferred from Dixon Correctional Center to

the JTC. On May 21, 2019, he attended a court hearing with Myers.1 After the hearing,

Myers allegedly threated Plaintiff. Plaintiff claims that two employees from the JTC

witnessed the conversation and asked him about it. (Doc. 31 at 30V Plaintiff refused to

talk about it. Plaintiff began to research his encounters with Myers and Reardon, at which

time he decided he had been a victim of custodial sexual misconduct. (Doc. 31 at 31V

On August 5, 2019, Plaintiff filed a grievance with the Administrative Review

Board (ARB) about this alleged staff misconduct. The ARB determined that his grievance

was moot because the allegations were being investigated by Central Investigations.

(Doc. 31 at 31: Doc. 31-1 at 3). On August 5, 2019, Plaintiff alleges that he also informed

1 The purpose or nature of this hearing is unclear. Plaintiff submitted a short excerpt of the transcript as an exhibit to

his complaint. It appears that Myers was cross-examined by Plaintiff at the hearing and that she testified on her own

behalf. (Doc.31-1 at 55-591.

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 5 of 18 Page ID #654

JTC staff of his past abuse and requested counseling from a behavioral health counselor.

(Doc. 31 at 31). The counselor indicated that she would inform Defendant Marano of his

wish for a victim advocate or further counseling.

On August 6, 2019, Plaintiff was interviewed without a victim advocate by

Defendant Lt. Allen. After their conversation Allen said that an investigator from the ISP

would be in contact with him. (Doc. 31 at 32V She also had Plaintiff sign a summary of

her notes, which he was not afforded time to read. When he later asked her for a copy,

she said he could only obtain it by filing a Freedom of Information Act request. (Doc. 31

at 33). Plaintiff alleges that no one ever followed up on Allen's interview.

On August 9, 2019, Plaintiff asked Imburgia to speak with Marano about his

requests for a victim advocate and counseling. Plaintiff renewed his request on August

23, 2019. Plaintiff also submitted a grievance requesting services. On August 27, 2019,

Imburgia told Plaintiff that Marano would not provide services unless it was a confirmed

rape. /Doc. 31 at 34-35). On August 29, 2019, Plaintiffs grievance was returned, and

services were refused on the premise that he needed to be more specific about when the

alleged sexual abuse occurred. /Doc. 31 at 35: Doc. 31-1 at 9-12). Plaintiff appealed to the

ARB. He alleges that Defendant Knauer initially denied his grievance for a variety of

reasons, and when he attempted to cure those issues, he got no response to a subsequent

grievance.

Plaintiff engaged in efforts to secure his own counseling. He alleges that the

Guardian Angel Comm. Services (GACS) agreed to provide services, so he notified

Defendants Tack, and Marano. /Doc. 31 at 35-36). Plaintiff was eventually told that to

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 6 of 18 Page ID #655

have GACS visits, he would need to sacrifice visits that could otherwise be used for

family or friends. He used 4-5 visits per month for GACS.

On December 13, 2019, Plaintiff filed a grievance challenging the requirement that

he sacrifice visits for GACS to visit him and requesting a private meeting space with the

GACS counselor because the counselor had told him she could not discuss sexual assault

issues in a public space. /Doc. 31 at 36V Plaintiff alleges that the December 13 grievance

was never responded to by Tacks, so after 60 days he sent it to the ARB. Knauer at the

ARB refused to address the grievance because it had no institutional response. (Doc. 31

. at 37). At the direction of Defendant Jamison, Plaintiff refiled the December 13 grievance.

On December 16, 2019, Plaintiff filed a grievance with the ARB concerning the

outcome of his PREA investigation. (Doc. 31 at 371. Knauer denied the grievance as moot

and indicated the office had disposed of the issue on August 27,2019.

On January 24, 2020, Plaintiff filed three grievances concerning Jeffreys, McCarty,

Central Investigations and Sarah Brown-Foiles, regarding their handling of his sexual

assault allegations. Defendant Knauer deemed all three grievances untimely, which

Plaintiff alleged was wrong because he had been waiting on responses to the issues raised

therein.

Plaintiff alleges he subsequently filed a grievance about Knauer's denial of his

grievances, which Defendants Jeffreys and Johnson denied as unsubstantiated. They

informed him that his complaints were being investigated in compliance with PREA

policy, although he disagreed. (Doc. 31 at 38V Plaintiff alleges that Defendants actions

continued to the time of filing this case.

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 7 of 18 Page ID #656

He claims that in early 2020 visits from GACS were completely discontinued by

theJTC. (Doc.31 at38V

Plaintiff alleges that the Defendants conduct constituted negligence, a breach of

duty, and official misconduct. He explains at length why he believes that various actions

and incidents were improper. (Doc. 31 at 39-451. He then lists 10 enumerated claims for

relief.

In Claim 1, Plaintiff alleges that Defendant Myers abusive conduct constituted

cruel and unusual punishment. (Doc. 31 at 45-46). In Claim 2, Plaintiff alleges that

Defendants Jane Doe 1 and 2, and Reardon failed to protect him or intervene in Myers"

conduct. (Doc. 31 at 46-47). In Claim 3, Plaintiff alleges that Myers, Reardon, Jane Doe 1

and Jane Doe 2 failed to protect him from custodial sexual misconduct. (Doc. 31 at 47V

In Claim 4 he alleges that Defendants Reardon, Jeffreys, McCarty, Knauer, Johnson,

Eilers, Jackson, Delia, Nottingham, Tack, Larry, Nurse, Wilson, Williams, Jamison, and

Renzi denied him his right to petition the government for redress concerning the alleged

assaults. (Doc. 31 at 48-491 In Claim 5, Plaintiff alleges that Defendants Myers, Jane Does

1 and 2, Reardon, Jeffreys, McCarty, Knauer, Johnson, Eilers, Jackson, Delia, Nottingham,

Tack, Larry, Nurse, Wilson, Williams, Jamison, Marano and Renzi violated his right to

equal protection by refusing to report or investigation this incident. (Doc. 31 at 49-51).

In Claim 6, he alleges that Defendants Jeffreys, McCarty, Knauer, Johnson, Eilers, Jackson,

Delia, knotting ham, Tack, Larry, Nurse, Wilson, Williams, Jamison, Marano, and Renzi

retaliated against him because he was denied protections any person should expect when

reporting such an issue. (Doc. 31 at 51-52). In Count 7 he alleges that Myers, Jane Does

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 8 of 18 Page ID #657

1 and 2, and Reardon conspired to allow Myers' actions to occur because the Does acted

as a look out and Reardon helped Myers to arrange the parole living situation. (DqcJ31

at 52-53). Claim 8 alleges state law assault battery and sexual abuse/assault against

Myers for her actions. Claim 9 alleges state law intentional infliction of emotional distress

against numerous defendants. Claim 10 alleges custodial sexual misconduct against

Myers. (Doc. 31 at 55).

As relief Plaintiff seeks an injunction to direct a final agency decision regarding

the sexual assault allegations, referral of the matter to the ISP for investigation,

compliance with the PREA, a treatment agreement between GACS and the JTC, a private

counseling space at JTC, initiation of new GACS services for Plaintiff, a PREA audit at

die JTC, notification to IDOC of the probability of retaliation from Myers, and an

investigation into all allegations in the lawsuit. Plaintiff also seeks monetary damages.

The court adopts the claims proposed by Plaintiff, based on the Second Amended

Complaint:

Claim 1:

Eighth Amendment cruel and unusual punishment against

Defendant Myers;

Claim 2:

Eighth Amendment failure to protect or intervene against

Defendants Jane Doe 1 and 2 and Reardon;

Claim 3:

Eighth Amendment failure to protect against Defendants

Myers, Reardon, Jane Does 1 and 2;

Claim 4:

First Amendment right to seek redress from the government

against Defendants Reardon, Jeffreys, McCarty, Knauer,

Johnson, Eilers, Jackson, Delia, Nottingham, Tack, Larry,

Nurse, Wilson, Williams, Jamison and Renzi for their

alleged failure to investigate Plaintiff's allegations;

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 9 of 18 Page ID #658

Claim 5:

Equal Protection claim against Defendants Myers, Jane Doe

1 and 2, Reardon, Jeffreys, McCarty, Knauer, Johnson,

Eilers, Jackson, Delia, Nottingham, Tack, Larry, Nurse,

Wilson, Williams, Jamison, Marano and Renzi for failing to

investigate Plaintiff's allegations when other victims would

have been treated differently;

Claim 6:

Retaliation against Defendants Jeffreys, McCarty, Knauer,

Johnson, Eilers, Jackson, Delia, Nottingham, Tack, Larry,

Nurse, Wilson, Williams, Jamison, Marano, and Renzi for

denying him protections that should have been taken in

response to his allegations;

Claim 7:

Conspiracy claim against Defendants Myers, Reardon and

Jane Does 1 and 2 for allowing Myers' conduct;

Claim 8:

State law assault, battery, sexual abuse/harassment claim

against Myers;

Claim 9:

State law intentional infliction of emotional distress claim;

Claim 10:

State law custodial sexual misconduct claim against Myers;

Claim 11:

State law negligence claim against all defendants.

The parties and the Court will use these designations in all future pleadings and orders,

unless otherwise directed by a judicial officer of this Court. Any claim that is mentioned

in the Complaint but not addressed in this Order is considered dismissed without

prejudice as inadequately pled under Twombly. See Bell Atlantic Corp. v. Twombhj, 550 U.S.

544. 570 (2007) (an action fails to state a claim upon which relief can be granted if it does

not plead "enough facts to state a claim that is plausible on its face").

Preliminary Dismissals

In the master caption of his Complaint, Plaintiff lists J. Eilers, E. Jackson, M. Delia,

C. Larry, M. Nurse, D. Wilson, T. Williams, and K. Renzi as defendants in this action.

Although Plaintiff identifies each of these individuals' job title and general

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 10 of 18 Page ID #659

responsibilities in the opening pages of his complaint, he does not make any factual

allegations that demonstrate personal involvement of these individuals. Section 1983

liability is premised on individual responsibility, so generic allegations about the

defendants' job duties are not sufficient to state claims against these parties. Gentry v.

Duckworth, 65 F.3d 555. 561 (7th Cir. 1995). Additionally, if a party is named in the

caption, but there are no factual allegations as to that party, dismissal is appropriate.

I Iere, the Court will dismiss Defendants Eilers, Jackson, Delia, Larry, Nurse, Wilson, and

Williams because Plaintiff failed to identify sufficient factual allegations to state a claim

against these individuals under § 1983.

Analysis

Claim 1 alleges cruel and unusual punishment against Defendant Myers for her

alleged sexual conduct from approximately 2008-2010.

The applicable statute of

limitations period for actions brought pursuant to 42 U.S.C. § 1983 is a state's period for

personal injury torts. See Kalimara v. III. Dept, of Corrections, 879 F.2d 276. 277 (7th Cir.

1989). In Illinois, where the events in Plaintiff's complaint occurred, that period is two

years. See Woods v. Illinois Dept, of Children and Family Svcs., 710 F.3d 762.765-766 (7th Cir.

2013); 735 TLCS S 5/13-202. Illinois recognizes equitable tolling of the two-year period

for an inmate to pursue administrative exhaustion of a claim at the institutional level. See

Terry v. Spencer, 888 F.3d 890. 894 (7th Cir. 2015). A court may sua sponte dismiss a case

at § 1915A review if the applicability of the statute of limitations is "so plain from the

language of the complaint.. .that it renders the suit frivolous." Id. at 894; Dickens v. Illinois,

753 Fed. App'x 390 (7th Cir. 2018) (a court may dismiss a complaint upon screening if it

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 11 of 18 . Page ID #660

is clearly barred by the statute of limitations). In this case, Plaintiff s allegations against

Defendant Myers for the alleged sexual assaults concern activity from 2008-2010. Plaintiff

did not begin to grieve the issue, nor did he file a complaint until 2019 or 2020. Claim 1

is plainly untimely, so it will be dismissed.

Claims 2, 3, and 7 are also time-barred because they allege a failure to protect or

intervene in violation of the Eighth Amendment, as well as a conspiracy under § 1983.

All of these claims are governed by the same two-year statute of limitations.

In Claim 4, Plaintiff alleges that Defendants Reardon, Jeffreys, McCarty, Knauer,

Johnson, Eilers, Jackson, Delia, Nottingham, Tack, Larry, Nurse, Wilson, Williams,

Jamison and Renzi interfered with his right to seek redress from the government

concerning the alleged assaults. This claim is subject to dismissal for multiple reasons.

First, as explained above in the preliminary dismissal section, there are no individualized

allegations as to Defendants Eilers, Jackson, Delia, Larry, Nurse, Wilson, and Williams so

these defendants have been dismissed. Second, the only allegations in the complaint

against Defendant Reardon pertain to his actions in 2009 when Plaintiff was on parole.

The allegations about Reardon do not reflect interference with Plaintiffs right to seek

redress from the government, but even if they did, the claim would be barred by the

statute of limitations because Plaintiffs interactions with Reardon occurred more than

ten years ago.

Third, as to the remaining Defendants that Plaintiff names in support of this

claim—Jeffreys, McCarty, Knauer, Johnson, Jamison, Nottingham, Tack, and Renzi—

although he presents his claim as one of interference with the right to redress the

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 12 of 18 Page ID #661

government, his factual allegations are more consistent with interference with the

grievance procedure.

Specifically, he alleges throughout the complaint that these

individuals participated in the review and denial of multiple grievances. (Doc. 31 at 31.

35-38). The problem with these factual allegations is that inmates do not have any First

Amendment right to access a grievance procedure, so interference with grievances alone

does not state a First Amendment claim. See e.g. Owens v. Hinsley, 635 F.3d 950, 953 (7th

Cir. 2011). The Constitution requires no procedure at all, and die failure of state prison

officials to follow their own procedures does not, standing alone, violate the Constitution.

Maust v. Headley, 959 F.2d 644. 648 (7th Cir. 1992); Shnngo v. Jurich, 681 F.2d 1091.1100-01

(7th Cir. 1982). Additionally, Plaintiff cannot plausibly allege that the defendants' actions

prevented him from seeking redress in die courts because he was able to file this lawsuit,

and it was not dismissed for grievance problems. Thus, Claim 4 fails as to all defendants,

and it will be dismissed.

In Claim 5, Plaintiff alleges that Defendants violated his right to Equal Protection.

He claims that he is a "class of one." The Court previously dismissed this claim from

Plaintiffs First Amended Complaint because he failed to identify anyone from whom he

was treated differently. /Doc. 26 at 7-81. Plaintiff attempted to remedy this problem by

alleging that he was treated differently than other victims in IDOC. "To state a so-called

'class-of-one' equal protection claim, [Plaintiff] must allege that he was 'intentionally

treated differently from others similarly situated and that there is no rational basis for the

difference in treatment/" Geinosky v. City of Chicago, 675 F.3d 743..Z4Z (7th Cir. 2012). "A

bare allegation of bad motive, however, is not enough." Del Marcelle v. Brown Cnty. Corp.,

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 13 of 18 Page ID #662

680 F.3d 887 (7th Cir. 2012). A plaintiff must establish an arbitrary action and some

improper personal motive for the differential treatment. Id. Here, Plaintiff alleges that

the named defendants arbitrarily failed to investigate or escalate his reports of a sexual

assault, but he does not suggest any improper personal motive on behalf of the named

defendants. Given the minimal allegations about Plaintiffs differential treatment, and

the total lack of allegations that the defendants had a improper personal motive, Plaintiff

has failed to state a class-of-one claim.

In his Equal Protection claim Plaintiff emphasizes that without an investigation

into his allegations, he has not been able to pursue criminal charges, but even if there was

an investigation it would not enable him to initiate criminal charges on his own behalf.

"Private individuals 'lack [| standing to contest the policies of the prosecuting authority'

and 'lack [] a judicially cognizable interest in the prosecution or nonprosecution of

another/" Sparks v. McCarthy, 2020 WT. 12738796 at *4 (S.D. Ind. 2020) citing Linda R.S. v.

Richard D., 410 IJ.S, 614. 6I9 (1973). To the extent he contends that he was treated

differently because of the lack of prosecution, he has no standing to raise this issue via

Equal Protection. Id., see also United States v. Moore, 543 F.3d 891. 901 (7th Cir. 2008)

(declining to recognize a class-of-one claim concerning prosecutorial discretion because

the discretion conferred on prosecutors in choosing who and how to prosecute is flatly

inconsistent with a presumption of uniform treatment, and thus the notion of

arbitrariness or irrationality is a poor fit for assessing discretionary charging decisions).

Plaintiff's frustration over the handling of his alleged sexual assault is understandable,

but he has not alleged an improper personal motive for the handling of his claim, and

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 14 of 18 Page ID #663

even if he did his desire to have a criminal prosecution against the assailant is not

attainable via a class-of-one claim because it involves prosecutorial discretion. Thus,

Claim 5 will be dismissed.

In Claim 6, Plaintiff alleges that many defendants have retaliated against him for

filing grievances and complaining of his alleged sexual assault. The Court dismissed this

claim from the First Amended Complaint because Plaintiffs alleged injury (a limit on the

number of visitors he could have while receiving visits from GACS) was not sufficient to

demonstrate retaliation. In his Second Amended Complaint, Plaintiff has attempted to

bolster this claim by alleging that he pled a chronology of events that show he was denied

the protections that should be put in place when someone reports a sexual assault.

Plaintiff cross-references the negligence section of his Second Amended Complaint,

wherein he recited all the investigative steps that he believes should have been taken in

response to his reported assault. /Doc. 31 at 39-45). The negligence section of Plaintiff s

Second Amended Complaint is a formulaic laundry list of investigative steps he believes

defendants should have taken in response to his report of an assault, and a laundry list

of service he believes should have been rendered by the JTC.

"First Amendment retaliation cases require the petitioner to show that the speech

or activity was constitutionally protected, a deprivation occurred to deter the protected

speech or activity, and the speech or activity was at least a motivating factor in the

decision to take retaliatory action." Manuel v. Nalley, 966 F.3d 678. 680 (7th Cir. 2020).

The 'motivating factor' amounts to a causal link between the activity and the unlawful

retaliation." Id.

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 15 of 18 Page ID #664

The Court will assume that Plaintiff's reporting of a sexual assault is protected

speech. In the Second Amended Complaint, rather than focusing solely on limitations as

to how many visitors he can have while receiving GACS services, Plaintiff now alleges

that he was "denied all protections put in place that should happen in response to

allegations of this sort." (Doc. 31 at 52). He alleges that he described many acts that could

be understood as retaliation. Even if Plaintiff has identified deprivations, he does not

allege a clear tie between his speech and the alleged deprivations he identified. Many of

the 'deprivations' he alleges in the negligence section of his pleading are his own

disagreements with the handling of his grievances and other correspondence about the

issue. Although he may not have agreed with the handling of these matters, he has failed

to show how they are tied to his speech, and thus he has failed to show retaliation.

Accordingly, Claim 6 will be dismissed.

Claims 8-11, and the negligence portion of Plaintiff's Second Amended Complaint,

all rely on state law. It would be an exercise of this Court's supplemental jurisdiction to

maintain these claims because all claims that rely on federal law have been dismissed.

Supplemental jurisdiction is discretionary. 28 U.S.C. S 1367. Here, the Court will decline

to exercise supplemental jurisdiction. It is possible that Plaintiff's best recourse would be

found in state court.

Having given Plaintiff two opportunities to file amended pleadings to no avail,

the Court finds it unnecessary to extend an additional opportunity. See e.g. Burks, 555

F.8d at 596: Always Towing & Recovery, Inc. v. City of Milwaukee, 2 F.4th 695. 707 (7th Cir.

2021) (courts may deny leave to amend if an amendment would be futile); McCree v.

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 16 of 18 Page ID #665

Grissom, 657 F.3d 623. 624 (7th Cir. 2011) (leave to amend shall be granted where justice

so requires, but leave to amend need not be given if an amendment to the complaint

would be futile). This is not to say that Plaintiffs allegations are unimportant, and this

does not pass any judgment on the merits of Plaintiffs assertion. The Court has solely

determined that Plaintiff has not pled a federal cause of action on the facts presented.

Pending Motions

On June 7, 2021, this Court dismissed Plaintiffs First Amended Complaint for

failure to state a claim, and it dismissed four counts with prejudice. Three counts were

dismissed as time-barred, and one was dismissed because the Prison Rape Elimination

Act (PREA) does not create a private cause of action. (Doc. 26 at 6-7). Plaintiff asked the

Court to reconsider this dismissal on July 8, 2021, and the Court denied this request on

November 12, 2021, because Plaintiff had filed an operative complaint which it found

mooted any earlier pleadings. (Docket text 37).

On January 13,2022, Plaintiff again sought reconsideration of the earlier dismissal

of Counts 1-4 of his First Amended Complaint. Plaintiff sought for the dismissal to be

changed to without prejudice so that he could present the claims anew in his Second

Amended Complaint. He argues that if he were not allowed to present the claims in his

Second Amended Complaint, he would be barred from appealing the dismissal of the

First Amended Complaint in an interlocutory fashion. /Doc. 44V

The Second Amended Complaint contained claims that were somewhat similar in

nature to Counts 1 and 2 of the First Amended Complaint, but out of deference to Plaintiff

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 17 of 18 Page ID #666

as a pro se litigant, the Court considered the claims as if they were new because Plaintiff

substituted named parties for many of the Does in his earlier pleadings.

To the extent that Plaintiff seeks to have the earlier dismissal changed from with

prejudice to without prejudice, the Court declines to make this change. The dismissal of

the earlier claims was appropriate. This is particularly so for the PREA claims because it

is settled law that there is no private right of action under the PREA. Accordingly,

Plaintiff's Motion to Reconsider (Doc. 44) is DENIED.

Plaintiff also filed a Motion for Status (Doc. 49) on March 28, 2022, which will be

DENIED as moot based on the issuance of this Order.

Disposition

Based on the foregoing analysis, the Court will DISMISS Plaintiffs entire Second

Amended Complaint for failure to state a claim under 28 U.S.C. § 1915 A. Plaintiff will

not be given leave to amend. Plaintiffs Motion to Reconsider (Doc. 441 is DENIED, and

his Motion for Status (Doc. 491 is DENIED as moot.

If Plaintiff wishes to appeal this Order, he must file a notice of appeal with this

Court within thirty days of the entry of judgment. Ff.d. R. App. P. 4(a)(1)(A). If Plaintiff

chooses to appeal, he will be liable for the $505.00 filing fee irrespective of the outcome

of the appeal. See Fed. R. App. P. 3(e): 28 U.S.C. S 1915(e)(2): Ammons v. Gerlinger, 547 F.3d

724.725-56 (7th Cir. 2008). Moreover, if the appeal is found to be nonmeritorious, Plaintiff

may incur another "strike" under 28 U.S.C. § 1915(g). A proper and timely motion filed

pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline.

Case 3:20-cv-00410-DWD Document 50 Filed 04/21/22 Page 18 of 18 Page ID #667

Ftp. R- App. P. 4faW4). A Rule 59(e) motion must be filed no later than 28 days after the

entry of judgment, and this 28-day deadline cannot be extended.

The Clerk of Court is DIRECTED to enter judgment accordingly and to close this

case.

IT IS SO ORDERED.

Dated: April 21,2022

DAVID W. DUGAN

United States District Judge

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

CHICAGO, ILLINOIS 60604

Charles A. Mcrae

Plaintiff,Appellant

v.

Shannon N. Myers et al.

Defendants,Appellees

) No. 22-1821

) Appeal From The United States District

) Court For The Southern District Of

) Illinois

) No. 20-CV-410-DWD

) David W. Dugan

) Judge

PETITION FOR PANEL REHEARING

Now comes Charles A. Mcrae, plaintiff, appellant in the above

entitled case, seeking a Panel Rehearing. Plaintiff Respectfully

Requests this Cdurt Reconsider it's Decision in accordance with

FRAP 40 (a) (1) and (2), within 14 days after entry of judgment,

on 3-9-23. Plaintiff files this Petition in accordance with FRAP

25 (2) (iii), filed by an inmate and deposited in the institution's

internal mail system on or before the last day of filing.

QUESTION

Did The Appellate Court Missapprehend Or Overlook The Following

Issues?

1. When plaintiff states he learned of possible crimes and

Constitutional claims he was a victim of while he was on parole

home monitor.

2. The date plaintiff knew of his injury and it's cause while he

was on parole, home monitor.

3. The deliberate mistreatment and suppression of plaintiffs

substantiated sexual assault allegation.

4. The "casual-link" between plaintiffs first amendment claim

/o £ ^

and the denial or refusal to investigate his grievances of

sexual assault as required by federal and state law. As well

as their referral to prosecutors.

5. Defendants actions as more than accidental or negligent in

their differential treatment.

6. The personal animus officials have against plaintiff for

alleging such a complaint against a female fellow employee.

argument

7. Plaintiff has two seperate federal claims and injuries of his

eighth amendment. One is when he was in prison at Big Muddy

River prison. The Second is when he was on parole, home monitor.

The two year limitation began on his prison claim in 2009 when

he was released from prison and knew of his injury while there.

The Second began in 2019 when he learned of his injury and

its cause while he was on parole, home monitor. At which time

he reported it and sought a legal remedy.

8. Plaintiff stated in his complaint, paragraph 200, that he did

learn of the crime of custodial sexual misconduct while he

was on parole, home monitor until August of 2019. He learned

at this time that this crime committed against him violated his

Constitutional Rights. Without knowing of a crime being committed

against him, plaintiff could not know of his rights being violated.

Learning that he was sexually abused while on parole home

monitor was the knowledge that he was injured. Plaintiff

is in weekly trauma therapy for this injury.

9. Plaintiff did not know of his injury and its cause while he was

on parole, home monitor in 2009. He learned of this in August

2019 as stated in his complaint.

10. Plaintiff relied on State Statute 735 ILCS 5/13-202.3 in

relation to his i8njuries prior to his parole while he was a

3o^r

prisoner at Big Muddy River prison, as stated in his complaint.

11. Plaintiff was unaware that he was unable to give knowing consent

to a sexual relationship with an IDOC employee while being on

parole, home monitor and them being an employee of IDOC. Where

defendants knew this as they are provided with yearly documented

training that discloses such information.

12. While the actions and injury that took place while plaintiff

was in prison is past the two year limitation since he knew of

this injury. The injury and its cause while he was on parole

is brought within the two year limitation once he learned of

his injury and its cause. August of 2019.

13. Plaintiff was sexually abused by defendant Myers while on parole

home monitor in 2009, unbeknownst to him until August 2019. At

which time plaintiff learned of his Constitutional Rights being

violated as a result. His injury and its cause.

14. IDOC has suppressed plaintiffs substantiated allegation of

sexual assault by refusing to investigate or refer this crime

to prosecutors. When there is no ststute of limitations on this

crime.

15. This is deliberate mistreatment by IDOC when plaintiff has

repeatedly contacted them citing federal and state laws that

mandate specific actions to be taken by them. They have refused

so far.

16. The "casual-link" between plaintiffs grievances and the denial

or refusal to investigate them regarding plaintiffs first

amendment claim, is the intentional mistreatment of his

substantiated allegations and grievances compared to others

who report these allegations, i.e. Female inmates. The

investigation and referral is mandated by federal and state

law. Defendants were repeatedly given the opportunity to

rectify this wrong by grievances and letters from the plaintiff.

3

^

Putting them on notice.

17. These actions were not only negligent, but deliberately

indifferent. Once notified of their wrongs and violation of

federal and state laws, defendants continue to violate these

laws and plaintiffs rights.

18. Plaintiff asserts that these officials have a personal animus

against him, a male inmate for alleging such a complaint

against a female employee. To this point, they have so far

avoided (successfully) criminal and civil liability for their

actions in this case as so intended.

Wherefore, it is for these reasons that plaintiff, appellant

Respectfully Requests that he be allowed to proceed on his claims

from when he was on parole and his Federal claims from when he was

in prison be time barred according to this Courts Ruling.

That plaintiffs First Amendment claim and Fourteenth Amendment

claims be allowed to proceed to discovery.

That his State claims be allowed to be brought in his Federal

claim as requested in his complaint.

Under penalty of perjury the undersigned certifies that the

statements set forth in this Petition are true and correct, except

as to matters therein stated to be on information and belief and

as to such matters the undersigned certifies as aforesaid that

he verily believes the same to be true.

Signed and Dated this 22nd day of March, 2023.

Z

Charles A. Mcrae B-62695

2848 W. McDonough Street

Joliet, IL. 60436

5

3Initeb States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

April 18,2023

Before

DIANE P. WOOD, Circuit Judge

MICHAEL Y. SCUDDER, Circuit Judge

CANDACE JACKSON-AKIWUMI, Circuit Judge

No. 22-1821

Charles A. McRae (State Prisoner:

#B62695),

Plaintiff - Appellant,

Appeal from the United States District

Court for the Southern District of Illinois.

No. 3:20-cv-00410-DWD

v.

David W. Dugan,

Shannon N. Myers, et al,

Defendants - Appellees.

Judge.

ORDER

On consideration of the petition for panel rehearing, the judges on the original

panel have voted to deny rehearing. It is, therefore, ORDERED that the petition for

panel rehearing is'DENIED.

PiPPZti

~ D

3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 1 of 58 Page ID #402

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

Charles A. Mcrae

plaintiff

)

)

)

v.

)

Case No. 3:20-cv-00410

)

Shannon N. Myers

Jane Doe.l

Jane Doe.2

D. Reardon

R. Jefferys

L. McCarty

D. Knauer

S. Johnson

J. Eilers

E. Jackson

M. Delia

R. Nottingham

A. Tack

C. Larry

M. Nurse

D. Wilson

T. Williams

0. Jamison

D. Marano

K. Renzi

defendants

)

)

>

>

>

)

)

)

>

)

)

)

)

)

)

)

)

)

>

)

)

SECOND AMENDED COMPLAINT

Now comes Charles A. Mcrae, plaintiff, pro-se, pursuant to 42

USC 1983 to redress the deprivation under color of law of plaintiffs

rights as secured by the United States and Illinois State

Constitutions, and Law. Plaintiff is a State prisoner and seeks

Injunctive relief, and money damages against all defendants listed.

/

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 2 of 58 Page ID #403

JURISDICTION

1. Jurisdiction of this Court is invoked pursuant to 28 USC 1331,

and 28 USC 1343, in that this is a civil action arising under

the US Const, and seeks to redress the deprivation, under the

color of State law for equal rights within the jurisdiction

of the US.

2. Plaintiff requests that this Court exercise Supplemental

Jurisdiction over the State claims pursuant to 28 USC 1367,

in that the State claims do not raise a novel or complex issue

of State law, they do not predominate over the Federal claims,

they arise from the same facts, and are supported by factual

allegations and documentation.

3. Venue is proper pursuant to 28 USC 1391 (b)(1), in that these

allegations arose from this district and

one or more

defendants resides.

DEMAND OF JURY TRIAL

4. Plaintiff demands that this case be tried by a Jury.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

5. Plaintiff did exhaust all administrative remedies, when allowed

to do so. Plaintiff attaches Exhibits to show this. Including

Ex. 1.1— 17.1.

PARTIES

6. Charles A. Mcrae, plaintiff.

2848 W. McDonough Street

Joliet, IL. 60436

2

V

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 3 of 58 Page ID #404

7. Shannon N. Myers, defendant.

8. Jane Doe.l, defendant.

Big Muddy River Corr. Gen. Dental Assistant

1301 Concordia Court

Springfield, IL. 62794

9. Jane Doe.2, defendant.

Big Muddy River Corr. Cen. Dental Hygienist

1301 Concordia Court

Springfield, IL. 62794

10. D. Reardon, defendant.

Parole Officer ID0C

1301 Concordia Court

Springfield, IL. 62794

11. R. Jefferys, defendant.

Director IDOC

1301 Concordia Court

Springfield, IL. 62794

12. L. McCarty, defendant.

Admin. Review Board IDOC

1301 Concordia Court

Springfield, IL. 62794

13. D. Knauer, defendant.

Admin. Review Board IDOC

1301 Concordia Court

Springfield, IL. 62794

7

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 4 of 58 Page ID #405

14. S. Johnson, defendant.

Admin* Review Board IDOC

1301 Concordia Court

Springfield, IL. 62794

15. J. Eilers, defendant.

Chief of Operations IDOC

1301 Concordia Court

Springfield, IL. 62794

16. E. Jackson, defendant.

Chief of Investigations and Intelligence IDOC

1301 Concordia Court

Springfield, IL. 62794

17. M. Delia, defendant.

Chief of Investigations and Intelligence IDOC

1301 Concordia Court

Springfield, IL. 62794

18. R. Nottingham, defendant.

Agency PREA Cooridnator IDOC

1301 Concordia Court

Springfield, IL. 62794

19. A. Tack, defendant.

Chief Admin. Officer JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

20. C. Larry, defendant.

Chief Admin. Officer JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

1

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 5 of 58 Page ID #406

21. N. Nurse, defendant.

Acting Chief Admin. Officer JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

22. D. Wilson, defendant.

PREA Compliance Manager JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

23. T. Williams, defendant.

PREA Compliance Manager JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

24. 0. Jamison, defendant.

PREA Compliance Manager JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

25. D. Marano, defendant.

Backup PREA Compliance Manager JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

26. K. Renzi, defendant.

Backup PREA Compliance Manager JTC IDOC

1301 Concordia Court

Springfield, IL. 62794

27. At all times relevant to the events at issue in this case,

plaintiff Charles A. Mcrae was in the care and custody of

the IDOC. Plaintiff was housed at BMRCC in august of 2008,

and was employed as a health care porter through May 9, 2009.

Then released on parole home monitor, mandatory supervised

release until app*^November 2009. Now currently housed in JTC

after transfer from Dixon CC in early 2019.

<

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 6 of 58 Page ID #407

28. At all times relevant to their involvement in this case,

defendants flyers, Doe.l, and Doe.2 were employed by Wexford

Health Sources Inc. and worked at the BMRCC for IDOC. As such

these defendants were acting under the color of law and within

their scope of employment as plaintiffs supervisors. They are

being sued in their individual capacities.

29. As employees at an IDOC facility defendants Myers, Doe.l, and

Doe.2 responsibilities and duties included but are not limited

to: Directing plaintiff in his work duties.

30. Ensuring the control and safety of plaintiff while supervising

him inside the dental area of BMRCC.

31. To report any alleged sexual abuse through the chain of command

as an unusual incident in accordance with Admin. Dir. 01.12.105.

Admin. Code 120.90 a)

(E*. 39.1)

32. As an IDOC employee, shall Completely and accurately document

any unusual incident that he or she observes, including any

sexual assault. Shall promptly prepare the Incident Report

and forward the report to the Director.

Admin. Code 112.30 a) 2) b)

(Ex. 36.1)

33. At all times relevant to his involvement in this case, defendant

D. Reardon was employed as a Parole officer by the IDOC. As such

defendant was acting under color of law and within his scope

of employment as plaintiffs parole officer while on home monitor.

He is being sued in his individual capacity.

34. As a parole officer for IDOC defendant Reardon responsibilities

and duties included but are not limited to: The care and custody

of plaintiff.

35. To ensure the safety of plaintiff and his residence while on

t*

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 7 of 58 Page ID #408

home monitor.

36. To investigate and approve a legal and safe host site location

for plaintiff.

37. To deny any unsafe or illegal host site locations for the

plaintiff.

38. To notify plaintiff of criminal sexual misconduct that he was

a victim too.

39. At all times relevant to his involvement in this case, defendant

R. Jefferys was the acting Director or Director of IDOC. As such

defendant was acting under the color of law and within his scope

of employment as such; he is being sued in his individual and

official capacities.

40. As acting Director/Director of IDOC defendant Jefferys responsibilties

and duties included but are not limited to: The implemation,

oversight, and supervision of all policies and procedures

followed by IDOC staff, ARB members, contractors, and voluteers

for IDOC.

41. Referring claims to the ISP/DII of sexual assault by an employee

on an inmate.

Admin. Order #6 (2003) Section 111. (A)(4)(B)(2)(C)

(Ex. 35.1 - 35.4)

42. To include sexual assault involving staff on inmate in accordance

with M0U.

MOU V. E.

(Ex. 34.1, 34.2)

43. Providing a final Agency decision on a grievance alleging sexual

assault within 90 days.

Admin. Dir. 04.01.114 G. 6. c.

Admin. Code 504.830 a)

7

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 8 of 58 Page ID #409

(Ex. 56.1 - 56.7 and 41.1)

44. To investigate the grievances of any person committed to the

Department and to inquire into ant alleged misconduct by

employees.

730 ILCS 5/3-2-2 (h)

Admin. Code 504.830 a)

(Ex. 23.1, 23.2, and 41.1)

45. To report to the States attorney of the county in which an

incident occurred or to the appropriate prosecuting official

that an individual (employee) has committed a violation of

criminal law, were reasonable grounds exist.

Admin. Code 112.50

(Ex. 37.1)

46. Review findings and recommendations of the ARB and make a

final determination of a grievance • » • and send a copy of the

Directors decision to the offender.

Admin. Code 504.850 e)

(Ex. 42.1)

47. At all times relevant to their involvement in this case, defendants

McCarty, Knauer, and Johnson were ARB members for IDOC. As such

defendants were acting under color of law and within their

scope of employment as such. Defendats are being sued in their

individual and official capacities.

48. As ARB members for IDOC defendants McCarty, Knauer, and Johnson

responsibilities and duties included but are not limited to:

Issuing a final Agency decision on the merits of any portion

of a grievance alleging sexual abuse within 90 days of the initial

filing of the grievance.

Admin. Dir. 04.01.114 G. 6. c.

Admin. Code 504.830 a)

(Ex. 56.1 - 56.4, and 41.1)

9

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 9 of 58 Page ID #410

49. Review unresolved offender grievances to ensure offenders were

afforded their due process rights and ensure compliance with

Departmental policies. And to refer issues grieved for further

investigation.

Admin. Dir. 04.01.115 E. 1. a. b.

Admin. Code 504.830 a)

(Ex. 57.1 - 57.5, and 41.1)

50. To investigate the grievances of any person committed to the

Department and to inquire into any alleged misconduct by

employees.

730 ILCS 5/3-2-2(h)

(Ex. 23.1, 23.2)

51. To submit recommendations to the Director in the form of a

written report with its findings regaurding grievances submitted.

Admin. Code 504.850 d)

(Ex. 42.1)

52. At all times relevant to his involvement in this case, defendant

Eilers was Chief of Operations of IDOC. As such defendant was

acting under color of law and within his scope of employment as

such. Defendant is being sued in his individual and official

capacities.

53. As Chief of Operations of IDOC defendant Eilers responsibilities

and duties included but are not limited to: Reporting allegations

of employee criminal misconduct to the Ill. State Police.

Admin. Dir. 01.12.101 F. 2.

Admin. Order #6;(2003) Section 111. (A)(4)(B)(2)(C)

(Ex. 53.1, 53.2, and 35.1 - 35.4)

54. Including sexual assault involving staff on inmate in

accordance with M0U.

MOU V. E.

(Ex. 34.1, 34.2)

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 10 of 58 Page ID #411

55. At all times relevant to their involvement in this case,

defendants Jackson and Delia were Chief of Investigations and

Intelligence for IDOC. As such defendants were acting under

color of law and within their scope of employment as such.

Defendants are being sued in their individual and official

capacities.

56. As chief of Investigations and Intelligence for IDOC defendants

Jackson and Delia responsibilities and duties included but are

not limited to: Reporting to the States attorney of the county

in which an incident occurred or to the appropriate prosecuting

official that an individual (employee) has committed a violation

of criminal law, were reasonable grounds exist.

Admin. Code 112.50

(Ex. 37.1)

57. Jurisdiction over investigations of suspected employee criminal

misconduct shall be based on April 1, 2004 MOU between the

Department and the Illinois State Police.

Admin. Dir. 01.12.101 F. 3.

(Ex. 53.1, 53.2)

58. If an incident of alleged criminal misconduct is listed as

reportable offence in the MOU, shall advise the ISP/DII and

obtain instructions regaurding investigations and further

reporting.

Admin. Dir. 01.12.101

Admin. Dir. 04.01.301 G. 7. f. (2)

(Ex. 53.1, 53.2, and 58.1 - 58.13)

59. Including sexual assault involving staff on inmate in

accordance with MOU.

MOU V. E.

(Ex. 34.1, 34.2)

fO

r

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 11 of 58 Page ID #412

60. At all times relevant to his involvement in this case,

defendant Nottingham was the Agency PREA Coordinator for

IDOC. As such defendant was acting under color of law and

within his scope of employment as such. Defendant is being

sued in his individual and official capacities.

61. As Agency PREA Coordinator for IDOC defendant Nottingham

responsibilities and duties included but are not limited to:

Ensuring compliance with agency directives and federal laws

relating to PREA, and reviewing and monitoring facilities

plans for implementation of processes to ensure the safety

of offenders within correctional facilities.

62. Develop, implement and oversee the Departments sexual abuse

and harrassraent prevention and intervention program.

Admin. Dir. 04.01.301 F. 2. a.

(Ex. 58.1 - 58.13)

63. Including prompt investigation, disciplinary action and referral

for prosecution. Services available to offenders following

sexual abuse or harrassraent.

Admin. Dir. 04.01.301 F. 1. b. e.

(Ex. 58.1 - 58.13)

64. Ensure each year at least one-third of the Departments facilities

undergo a PREA Audit performed by a contracted PREA Auditor

certified by the D0J.

Admin. Dir. 04.01.301 F. 1. d.

(Ex. 58.1 - 58.13)

65. At all times relevant to their involvement in this case,

defendants Tack and Larry were Chief Administative Officer at

the JTC and defendant Nurse was acting Chief Administrative

Officer for JTC and IDOC. As such defendants were acting under

color of law and within their scope of employment as such.

Defendants are being sued in their individual and official

capacities.

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Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 12 of 58 Page ID #413

66. As chief administrative officer and acting chief administrative

officer defendants Tack, Larry, and Nurse responsibilities and

duties included but are not limited to: Immediately advise the

Director of any allegations of employee criminal misconduct.

Admin. Dir. 01.12.101 F. 1.

(Ex. 53.1, 53.2)

67. Conduct an inquiry to determine whether there is any real or

apparent employee misconduct and shall advise the respective

Deputy Director, Chief, or other Executive staff member if

the allegation has merit.

Admin. Dir. 01.12.101 G. 1.

(Ex. 53.1, 53.2)

68. Immediately notify the Deputy Director of serious injury to an

offender. Any offender or employee action that the Department

may refer for prosecution of criminal charges.

Admin. Dir. 01.12.105 F. 1. f. 1.

(Ex. 54.1 - 54.3)

69. Report sexual abuse of an offender while housed at a different

facility to that facilities chief admin, officer no later than

72 hours after the initial report was received.

Admin. Dir. 04.01.301 G. 4. f.

(Ex. 58.1 - 58.13)

70. Review grievances and provide a written response to offender.

Admin. Code 504.830 a)

(Ex. 41.1)

71. Forward results of investigations into sexual abuse to Chief

of Operations.

Admin. Dir. 04.01.301 G. 7. f. (2)

(Ex. 58.1 - 58.13)

IA

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 13 of 58 Page ID #414

72. Notify victim in writing of outcome of the investigation.

Admin. Dir. 04.01.301 G. 7. f. (3)

(Ex. 58.1 - 58.13)

73. Review case with the appropriate States attorney for possible

referral for prosecution.

Admin. Dir. 04.01.301 G. 7. f. (4)

(Ex. 58.1 - 58.13)

74. Promptly notify the Illinois State Police DII if an alleged

incident involves the criminal sexual abuse of a patient/

resident/inmate.

Admin. Order #6 (2003) Section 111. (A)(4)(B)(2)(C)

(Ex. 35.1 - 35.4)

75. Including sexual assault involving staff on inmate in

accordance with M0U.

M0U V. E.

(Ex. 34.1, 34.2)

76. At all times relevant to their involvement in this case,

defendants Tack, Wilson, Williams, and Jamison were Facility

PREA Compliance managers for JTC and defendants Marano, and

Renzi were Facility Backup PREA Compliance Managers for JTC

and ID0C. As such defendants were acting under color of law

and within their scope of employment as such. Defendants are

being sued in their individual and official capacities.

77. As Facility PREA Compliance Managers and Backup PREA Compliance

Managers defendants Tack, Wilson, Williams, Jamison, Marano,

and Renzi responsibilities and duties included but are not

limited to: Coordinate the facilities effort to comply with

the PREA standards.

78. Notify internal and external investigators and have investigations

initiated.

IS

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 14 of 58 Page ID #415

79. Ensure compliance with Agency Directives and Federal Laws relating

to PREA.

80. Identify community agencies, including advocacy and crisis

organizations, where reports can be made or that provide

assistance or support services to staff or offenders in the

prevention or intervention of sexual abuse or harrassment.

Admin. Dir. 04.01.301 F. 4. c. ..

(Ex. 58.1 - 58.13)

81. Develope and maintain a program for the evaluation, treatment

and counseling of victims of sexual abuse or harrassment.

Admin. Dir. 04.01.301 F. 5. a. b.

(Ex. 58.1 - 58.13)

82. Offer counseling and supportive services, such as pyschological

services, chaplaincy services, correctional counselors, group

therapy etc. and, if possible, be provided with a victim

advocate from a sexual assault crisis center.

Admin. Dir. 04.01.301 G. 4. a. (4)

(Ex. 58.1 - 58.13)

83. Additionally defendants Myers, Doe.l, Doe.2, Reardon, Jefferys

McCarty, Knauer, Johnson, Eilers, Jackson, Delia, Nottingham,

Tack, Larry, Nurse, Wilson, Williams, Jamison, Marano, Renzi

responsibilities and duties included but are not limited to:

Obeying all Federal, State, and Local Laws.

Admin. Dir. 03.02.108 G.l. a.

Admin. Code 120.40 a)

(Ex. 55.1 - 55.7, and 38.1, 38.2)

84. Complying with Departmental Rules (Admin. Code), written

procedure (Admin. Dir.), bulletins, and written or verbal

orders issued by proper authorities.

Admin. Dir. 03.02.108 G. 1. d.

Admin. Code 120.40 c)

(Ex. 55.1 - 55.7, and 38.1, 38.2)

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 15 of 58 Page ID #416

85. Notify and report any allegations of staff misconduct claims

to the Executive Generals Office.

Admin. Order #6 (2003)

(Ex. 35.1 - 35.4)

86. Additionally defendants Jefferys, HeCarty, Knauer, Johnson,

Eilers, Jackson, Delia, and Nottingham as Agents of the Agency

of 1D0C responsibilities and duties included but are not

limited to: Agency means the unit of a state with direct

responsibility for the operation of any facility that confines

inmates, or residents including the implemation of policy as

set by the governing authority.

28 CFR 115.5

(Ex. 43.1)

87. The Agency shall attempt to make available to the victim a

victim advocate from a rape crisis center. If a rape crisis

center is not available to provide these services the agency

shall make available to provide these services a qualified

staff member from a community-based organization, or a qualified

agency staff member.

28 CFR 115.21 (d)

(Ex. 44.1, 44.2)

88. As requested by the victim, the victim advocate, qualified

agency staff member, or qualified community-based organization

staff member shall accompany and support the victim through • • $

investigatory interviews and shall provide emotional support

crisis intervention, information, and referrals.

28 CFR 115.21 (e)

(Ex. 44.1, 44.2)

89. The Agency shall ensure that an administrative or criminal

investigation is completed for all allegations of sexual abuse...

28 CFR 115.22 (a)

(Ex. 45.1)

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Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 16 of 58 Page ID #417

90. The Agency shall issue a final agency decision on the merits

of any portion of a grievance alleging sexual abuse within

90 days of the initial filing of the grievance.

28 CFR 115.52 (d)(1)

(Ex. 46.1, 46.2)

91. When the agency conducts its own investigation into allegations

of sexual abuse... It shall do so promptly, thoroughly, and

objectively for all allegations...

28 CFR 115.71 (a)

(Ex. 48.1, 48.2)

100. Substantiated allegations of conduct that appears to be criminal

shall be referred for prosecution.

28 CFR 115.71 (h)

(Ex. 48.1, 48.2)

101. The agency shall impose no standard higher than a perponderance

of the evidence in determining whether allegations of sexual

abuse are substantiated.

28 CFR 115.72

(Ex. 49.1)

102. Substantiated allegation means an allegation that was

investigated and determined to have occurred.

28 CFR 115.5

(Ex. 43.2)

103. Following an investigation into an inmates allegation that

he or she suffered sexual abuse in an agency facility the

agency shall inform the inmate as to whether the allegations

has been determined to be substantiated, unsubstantiated,

or unfounded.

28 CFR 115.73 (a)

(Ex. 50.1)

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Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 17 of 58 Page ID #418

104. Any contractor or volunteer who engages in sexual abuse shall

be prohibited from contact with inmates and shall be reported

to law enforcement agencies, unless the activity was clearly

not criminal, and to relevant licensing bodies.

28 CFR 115.77 (a)

(Ex. 51.1)

105. Additionally defendants Tack, Larry, Nurse, Wilson, Williams,

Jamison, Marano, and Renzi as Agents of the Facility of IDOC

responsibilities and duties included but are not limited to:

Facility means a place, institution that is used by an agency

for the confinement of individuals.

28 CFR 115.5

(Ex. 43.1)

106. The Facilty shall provide inmates with access to outside

victim advocates for emotional support services related to

sexual abuse by giving inmates mailing addresses and telephone

numbers... of local, State, or national victim advocacy or

rape crisis organizations... The facility shall enable

reasonable communication between inmates and these organizations

and agencies in as confidential a manner as possible.

28 CFR 115.53 (a)

(Ex. 47.1)

107. The Facility shall offer... as appropriate, treatment to all

inmates who have been victimized by sexual abuse in any prison. • •

28 CFR 115.83 (a)

(Ex. 52.1)

108. The... treatment of such victims shall include, as appropriate,

follow-up services...

28 CFR 115.83 (b)

(Ex. 52.1)

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 18 of 58 Page ID #419

109. The facility shall provide such victims with medical and

mental health services consistent with the community level

of care.

28 CFR 115.83 (c)

(E5. 52.1)

FACTUAL ALLEGATIONS

110. In or around August 2008, plaintiff was assigned as a health

care porter in the health care unit of BMRCC.

111. This assignment entailed cleaning all areas of the health

care unit, as instructed by various employees. Including

but not limited to the dental area.

112. The dental area was staffed Monday thru Thursday and had two

dental assistants and a dental hygienist and on occasion

a dentist.

113. Plaintiff was instructed by defendant Myers at various times

to come into the dental area to empty trash and to clean

various areas. Plaintiff would be supervised by Myers during

this time.

114. No inmate worker was allowed in the dental area without direct

supervision by a dental staff member.

115. Defendant Myers was the only dental employee that would

supervise plaintiff unless she was not at work.

116. Defendant Myers would have more jobs for the plaintiff to

do each week. The time plaintiff had to spend in the dental

area cleaning increased each week.

117. After a couple of months there were ever increasing instances

of no dentist working at BMRCC. This increased the amount of

time Myers would have plaintiff working in the dental area.

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Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 19 of 58 Page ID #420

118. During these times defendant Myers would talk to plaintiff

about his past and future, while sharing personal information

about herself.

119. Defendant Myers increased the amount of work and time that

plaintiff had to spend working in the dental area, not

allowing other health care porters into dental to do these jobs.

120. Defendant Myers would have treat//or plaintiff that she would

bring from home. Including coffee, candy,home cooked food,

and snacks that were used to entice plaintiff into coming in

the dental area and working when she told him too.

121. When plaintiff would enter the dental area to work defendants

Doe.l and Doe.2 would go into the dental office away from

defendant Myers and plaintiff.

122. With no dentist being at BMRCC except once a week, this led

to defendant Myers instructing the corr. officer supervising

plaintiff that she needed plaintiff on a daily basis for

hours at a time.

1231 Plaintiff did as he was instructed to do when told too.

124. Plaintiff was one of many health care porter but was the only

one defendant Myers would allow and instruct to come into

dental to clean.

125. In late 2008 plaintiff was cleaning a small x-ray room where

x-rays were developed. This room was the size of a small

closet. Plaintiff had cleaned it on various occasions.

Defendant Myers stood in the doorway supervising him. When

he stood up to leave after cleaning a mini fridge, defendant

Myers stepped forward forcing herself on plaintiff and

kissing him on the mouth. When he did not kiss her back she

stepped back into the doorway blocking his exit.

n

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 20 of 58 Page ID #421

126. Plaintiff was shocked and scared, unable to think or speak.

127. Defendant Myers kept asking plaintiff if he was ok and that

she was sorry. Plaintiff tried to walk out of the roomrbut

she would not move out of the doorway. She stated that he

could not leave until he was ok. Plaintiff stated that he

was ok and tried to leave again but was not allowed too.

Defendant Myers stated that plaintiff had to promise not to

tell anyone what she had done, and promised that she would

not do it again. She reminded him that she had two children

at home to take care of and could not afford to lose her job.

Plaintiff promised not to say anything to anyone and was then

allowed to leave.

128. Plaintiff was less than a year away from being released,

after serving approximately seven years in IDOC. He was afraid

to say anything to anyone and risk staying in prison even

longer. Plaintiff believed if he did report it and defendant

Myers denied it that no one would believe him, he also

believed this was the end of it and it would not happen again.

129. Defendant Myers had told defendants Doe.l and Doe.2 that she

had kissed him. Plaintiff knew this because they would tease

him and joke with each other about this. Defendant Myers

stated that they would keep her secret, but this was a constant

threat to plaintiff.

130. Plaintiff explained to defendant Myers that he did not want

a relationship with a woman at this time and that he had too

many issues he needed to work on within himself before even

considering a relationship with someone else. That he did

not want to get into trouble and stay in prison even longer.

131. On one occasion when plaintiff came into dental area to work,

defendant Myers was reading his medical file. When asked why

she was doing this, she stated that she wanted to see what

he had been saying to the psychologist when he spoke to her.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 21 of 58 Page ID #422

132. Since there was no dentist at BMRCC usually, one of the jobs

given to the dental assistants was to assist the medical

records staff in organizing and refiling inmates medical

records after being seen by medical staff.

133. Defendant Myers would periodically read through plaintiffs

medical file without his consent.

134. A few weeks went by without incident, then one day defendant

Myers cornered plaintiff in another back area of dental and

kissed him again. Plaintiff asked her to stop and reminded

her that she had promised not to do this again. Plaintiff

was pressed up against a counter and defendant Myers knelt

down and grabbed the front of his pants and boxers, pulling

them part way down. Plaintiff pleaded with her to stop,

afraid to put his hands on her or try to force her to stop.

Plaintiff tried pushing her head away from his crotch, when

she grabbed his wrists with her hands and looked up stating

"don't be a pussy" and "you know you want it". Plaintiff

stated that he could not because he was not erect, asking her

to please stop. Defendant Myers then forced plaintiff to

receive oral sex from her. Once plaintiff did become erect,

she stepped and stated "see I knew you wanted it", although

this was against his wishes. Once plaintiff ejaculated,

defendant Myers swallotft^it and stated "see no evidence".

Plaintiff did not, could not respond.

135. Defendant Myers then told plaintiff that he could not tell

anyone. That if he did, she would deny it and the other

dental staff (Doe.l, Doe.2) would back her up. That no one

would believe him and if they did she would have to say that

he had forced her to do this. Plaintiff was made to promise

not to tell anyone before being allowed to leave.

136. Plaintiff thought about not coming to work anymore, but

knew he would get a disciplinary ticket if he refused to

come in and work. This would also stop his chance of receiving

3Ll

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 22 of 58 Page ID #423

restorative good time credit he was awaiting. Which would

keep him in prison longer.

137. Plaintiff tried to get other porters to go into dental to

clean/work so that he did not have to. Defendant Myers would

tell the corr. officer that the other porter did not do a

good job and that she did not trust them in the dental area,

that she needed plaintiff only.

138. Each day defendant Myers would find a reason to have plaintiff

come into the dental area to work. Each time she did and

there was no dentist, she would force herself on plaintiff,

performing oral sex on him.

139. Defendants Doe.l and Doe.2 were aware of this and would watch

out for defendant Myers, warning her if someone was coming

into the dental area so she would not get caught.

140. Defendant Myers told Doe.l and Doe.2 that plaintiff

was "hers" and they were in a relationship together.

141. Defendants Doe.l and Doe.2 would tease plaintiff about him

belonging to defendant Myers and how they would be married

someday. Stating that they were happy for her to have

plaintiff as hers.

142. These acts of oral sex eventually led to defendant Myers

performing oral sex until plaintiff was erect then standing

up, bending over and forcing plaintiff to have intercourse

with her. Afterwards forcing plaintiff to perform oral sex

on her.

143. Plaintiff would try to talk defendant Myers out of these

acts each time to no effect. Offering various reasons why

they should not do this. Defendant Myers would not take no

for an answer from plaintiff.

$2

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 23 of 58 Page ID #424

144. Plaintiff expressed a fear of getting defendant Myers pregnant

due to them having unprotected sex. Defendant Myers claimed

to be on birth control and could not get pregnant.

145. Defendant Myers would not take no for an answer from plaintiff

and would become very aggressive and forceful when plaintiff

would say no, disagree with her, or counterdict what she would

say to him. Eventually plaintiff stopped doing these things.

146. Defendant Myers told plaintiff that if they were caught that

she would have to say that plaintiff had forced himself on

her and made her do these things. So that she would not lose

her job and be able to continue providing for her children

at home.

147. This would have kept plaintiff in prison longer and so he

did whatever he could to be sure this did not happen.

148. These acts became a daily occurrence and part of plaintiffs

job each day there was no dentist there. The quicker he could

get this job over with, the quicker he was able to get out

of the dental area, and the less chance he would receive new

criminal charges and a longer prison sentence.

149. Each day that defendant Myers worked and there was no dentist

there, one or more of these sex acts took place against

plaintiff by defendant Myers.

150. Plaintiff lived in constant fear of these acts happening

again and again, along with getting caught and being blamed

for them until May 9, 2009 when he left BMRCC and went to

parole home monitor

151. Defendants Doe.l and Doe.2 providing look out for defendant

Myers during these acts, encouraging them and teasing plaintiff

about them.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 24 of 58 Page ID #425

152. Defendant Myers spent each day trying to convince plaintiff

that these acts were something he wanted and needed. That

she was doing these acts for plaintiff, that she loved and

cared for him, that he needed her, that no one else would

love or care for him as she did, and that she risked her

family and job to give him what he really wanted and needed.

Whether he knew it or not.

153. Plaintiff did become accustomed to this situation before

leaving BMRCC.

154. On May 9, 2009 plaintiff was released from BMRCC on mandatory

supervised release, parole home monitor in Homer Illinois.

155. That friday on defendant Myers day off she showed up at

plaintiffs home. She told Nora Sullivan who was plaintiffs

host site provider that she was his girlfriend* defendant

Myers told plaintiff that she was pregnant, that the child

was his, and that he would have to move into her house and

take responsibility for his child.

156. Plaintiff was afraid and ashamed to reveal the truth of

defendant Myers and his relationship to anyone. He told

defendant Myers that he was unable to leave his house due to

him being on home monitor or he would be violated from

parole and go back to prison.

157. Defendant Myers continued to have intercourse with plaintiff

stating that now they did not have to worry about getting

in trouble, her losing her job, or getting pregnant since

she already was.

158. Although plaintiff did not expressly say no to defendant

Myers requests, he felt as if he could not or should not

refuse anything she wanted or said. Plus he could no longer

get in trouble or be blamed for anything. Plaintiff did not

know that these acts were illegal and wrong.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 25 of 58 Page ID #426

159. Defendant Myers returned repeatedly on her days off and

taking days off to show up to have intercourse with plaintiff

at his home.

160. Plaintiff was not physically aroused or attracted to defendant

Myers so she would provide alcohol and viagra pills for him

to be able to perform for her.

161. This continued and eventually led to injuries and plaintiff

needing to be seen at an emergency room hospital in Champaign

Illinois for injuries sustained from intercourse with

defendant Myers.

162. After a few weeks defendant Myers told plaintiff that she

really had not been pregnant but that she was now and showed

him a positive pregnancy test.

163. Defendant Myers then spoke to Nora Sullivan plaintiffs host

site provider and had her call the IDOC parole number to

report that she no longer would provide her address as a

host site location for plaintiff.

164. Defendant Myers did this knowing that plaintiff had no other

address to go too. Defendant Myers then gave the phone to

plaintiff and instructed him to give IDOC her name, address,

and employer as a host site location to go too.

165. Plaintiff did this and was instructed by IDOC to unplug his

home monitor box and drive straight to defendant Myers house

in Pickneyville Illinois and plug the box in there.

166. Plaintiff was instructed by IDOC to stay inside the home

and not leave until a parole officer showed up to inspect

and approve the address as a host site location for plaintiffs

home monitor.

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Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 26 of 58 Page ID #427

167. Plaintiff either had to do this or he would have been violated

from parole with no other alternative parole home monitor

host site location available to him.

168. Plaintiff went to defendant Myers home and plugged in the

home monitor box and waited for a parole officer to show up.

IDOC would call periodically and speak to plaintiff to verify

that he was complying with their instructions.

169. Defendant Myers brother was a Perry county sheriff officer

and would come to the house while defendant Myers was at work

at the BMRCC. He would warn plaintiff not to mess up or hurt

his sister.

170. Plaintiff spent the next few days inside the house cleaning

and organizing defendant Myers house and performing various

sex acts when defendant Myers got off work at BMRCC.

171. Plaintiff felt as is he had no choice but to do as he was told,

when to do it and how to do it.

172. Eventuall^defendant Reardon as a parole officer did show up

one day while defendant was at work at BMRCC. Defendant Reardon

asked plaintiff why he had moved into defendant Myers house.

Plaintiff stated he had no other choice that he had gotten

defendant Myers pregnant. He then asked if the prison BMRCC

knew plaintiff was living there. Plaintiff stated that he

did not know but assumed that they had to have known due to

him providing her address, name, phone number, and employer

to IDOC in order to move in to her house.

173. Defendant Reardon then instructed plaintiff to call defendant

Myers at BMRCC on the cell phone she had provided him upon

release from prison. Once she was on the phone defendant

Reardon took the phone and went outside to speak 4»o her.

z&>

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 27 of 58 Page ID #428

174. Defendant Reardon returned some time later and returned the

phone to plaintiff stating that he had approved the site for

plaintiffs home monitor and that plaintiff needed to get a

job right away.

175. Defendant Reardon approved this site despite the illegality

of this site and situation. This led to the systematic

physical, financial, and sexual servitude of plaintiff by

defendant Myers for the next eleven months unbeknownst to

plaintiff.

176. Shortly after the phone call defendant Reardon and Myers had

defendant Myers showed up at the house stating she had left

her job stating she could no longer work due to her pregnancy.

Stating she was going to get plaintiff a job with a friend

and that now plaintiff would have to step up and take care

of her, her two children and himself. That this was his

job now.

177. Defendant Myers was not employed during the eleven months

while plaintiff lived with her and plaintiff provided for

them and her two children.

178. Defendant Myers would use the threat of violation of his

parole to have complete control over plaintiff and what he

did, how he did it, and when he did it.

179. Defendant Myers would tell plaintiff that she had given him

a family, a place to live, his freedom, a job, clothes,

and food. That plaintiff could not do the right thing or

survive on his own. That she knew what was best and was

changing him into a better person. That she could not work

due to a medical condition of preclampsia, so he had to be

the sole provider of the household.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 28 of 58 Page ID #429

180. Defendant Myers then got a job for plaintiff working for

a friends brother in law. Scotts Construction in Fickneyville

Illinois. Plaintiff worked 10-12 hour days, seven days a

week to prov»V$support for the household, which can be

verified through parole records.

181. Defendant Myers had plaintiff open a checking account and

add her name on the account so that she had control of all

the money plaintiff made. At Woodforest Bank.

182. Plaintiff had been awaiting mental health services and

medication while residing in Homer Illinois. When he moved

to Pinckneyville Illinois he no longer qualified for these

services.

183. Plaintiff sought these services and medication in Carbondale

Illinois but was unable to receive them due to a lack of

funding.

184. Defendant Myers refused to allow plaintiff to seek inpatient

treatment due to him being the sole source of income for the

household.

185. Plaintiff suffers from a lifelong mental illness of bipolar

disorder, amoung other things and needed medications and

treatment for these illnesses.

186. Plaintiff had to live though bouts of depression, mania, and

psychosis. Plaintiff lived with this condition untreated for

approximately eleven months. Two months after the birth of

his child, plaintiff suffered an emotional, mental, and

physical breakdown, which led to his reincarceration.

28

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 29 of 58 Page ID #430

187. Defendant Myers then demanded that plaintiff not tell anyone

about their relationship while he was in prison. That she

needed to get her job back at BMRCC now. That this was the

only way that she could provide for their daughter. That if

plaintiff told anyone then she would not be able to support

her now three children or herself.

188. Shortly thereafter defendant Myers informed plaintiff that she

was now dating a corr. officer that worked at BMRCC where he

may end up being sent back too. That he should keep his mouth

shut if he knew what was good for him and not say anything

about what had happened while he was at BMRCC. That her

boyfriend could make his life hell and keep him from ever

getting out.

189. These threats continued when plaintiff would inquire about

his daughter or mention what happened at BMRCC. Defendant

Myers threatened plaintiff with the fact that she had family

and friends throughout IDOC including a cousin in Dixon CC

that worked as a corr. officer, if plaintiff was sent there

due to his mental illness. That plaintiff would be physically

harmed and never get out of prison if he ever spoke to

anyone about what happened at BMRCC.

190. Defendant Myers threatened to have plaintiffs daughters name

changed, have his parental rights terminated, have his daughter

adopted, and that his daughter would never know plaintiff as

her father if he ever told anyone about their relationship

while at BMRCC or if he continuer to inquire about his

daughter. That if he kept his mouth shut and quit bothering

her and got the help he needed, he would be able to know and

see his daughter in the future and he would be safe in prison.

191. Plaintiff spent the next eight years or so afraid to speak

about what happened or to report the incident that took

place at BMRCC. For the well being of his daughter and his

safety and freedom.

z?

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 30 of 58 Page ID #431

192. Plaintiff was sent to Dixon CC where defendant Myers cousin

worked. He sought mental health counseling, medications, and

treatment, did not report what had happened at BMRCC with

the promise of reuniting with his daughter some day in the

future, ensuring his well being and security as well as his

daughters with his silence.

193. In early 2019 plaintiff did transfer from Dixon CC to JTC.

194. On May 21, 2019 plaintiff attended a court hearing with

defendant Myers.

195. When plaintiff questioned defendant Myers under oath about

their living situation while he was on home monitor and

living at her house, she lied and committed perjury. She

denied plaintiff ever lived with her or that they had a

relationship before she left her job at BMRCC. As shown

in the trial transcripts provided.

(Ex. 18.1 - 18.5)

196. Plaintiff did not understand why defendant Myers would do

this. Plaintiff would later learn that defendant Myers

committed perjury to avoid admitting to committing a felony

offense under oath. That being custodial sexual misconduct.

(Ex. 33.1 - 33.3)

197. When leaving the court house defendant Myers approached

plaintiff and told him if he did not keep his mouth shut

he would never get out of prison and she would.make sure of it.

198. Plaintiff was in the custody of two CTOs from JTC who were

present and heard this exchange. On the way back to JTC they

questioned plaintiff on what defendant Myers meant by these

statements. Plaintiff said he could not talk about it.

3°

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 31 of 58 Page ID #432

199. Plaintiff then started researching these circumstances and

eventually learned of the criminal nature of the actions

taken by defendants Myers and Reardon during plaintiffs

time on parole home monitor of which he had been an unknowing

victim of.

200. Once plaintiff learned that he had been a victim of a felony

offense of custodial sexual misconduct while on parole home

monitor by defendant Myers, and that criminal charges could

be brought in accordance with State Law, he sought to do this

by reporting both the actions that took place at BMRCC and

while he was on home monitor in the form of a grievance and

report stating his wishes for criminal prosecution.

720 ILCS 5/3-6 (e)(l-5)

(Ex. 26.1 - 26.4)

201. Plaintiff still lives in fear of his safety and his eventual

release date once defendant Myers, her friends, and her

relations find out about this reporting and complaint. As

well as the adoption of his daughter, losing his parental

rights, and never knowing or seeing his daughter again.

202. Plaintiff filed a grievance on 8-5-19 alleging sexual assault

and staff misconduct, seeking criminal prosecution. This

grievance was submitted to the ARB of 1D0C.

(Ex. 1.1, 1.2)

203. Defendants Jefferys and McCarty found this grievance to be

"moot". Stating it was being investigated by Central Invest.

(Ex. 2.1)

204. Plaintiff reported this sexual assault and staff misconduct

to JTC staff as well. On 8-5-19.

205. Plaintiff was seen by BHT (behavior health technician)

Leadinghouse on 8-5-19 and requested a victim advocate and

counselor relating to sexual abuse.

It

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 32 of 58 Page ID #433

206. Plaintiff provided a copy of the 28 CFR Chapter 1 Section

115 that requires this. BHT Leadinghouse stated that she

would advise defendant Marano of this.

207. On 8-5-19 Lt. Allen from internal affairs came to speak to

plaintiff as well. Plaintiff showed Lt. Allen the same copy

that he showed to BHT Leadinghouse and requested a victim

advocate. She stated that she did not have the authority to

contact anyone for A?** but that she would give a copy of the

federal regulation to defendant Marano and send her an email

with this request.

208. On 8-6-19 plaintiff was interviewed by Lt. Allen without a

victim advocate and was not provided one afterwards.

209. Plaintiff provided details, letters, birth certificate, and

documentations! evidence through his master file and parole

information, along with defendant Myers previous employment

dates at BMRCC.

210. Lt. Allen stated that plaintiff had provided enough evidence

and details to substantiate his claim to her. Stating that

plaintiff would be contacted by an investigator from the ISP

soon. Who would interview him and take a more detailed

statement from him.

211. Documentation included to substantiate these claims are

enclosed in the follow exhibits.

212. Birth certificate listing plaintiff and defendant Myers as

biological parents with a birth date of Feb. 3, 2010.

(Ex. 19.1)

213. Plaintiffs parole records within ID0C computer system.

Showing date of residence with defendant Myers (then Shannon

Shirk), name,, address, phone number, and date approved.

(Ex. 20.1 - 20.4)

3*

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 33 of 58 Page ID #434

214. Defendant Myers (then Shannon Shirk) work records. Showing

employment dates, and date/time of last date of employment.

(Ex. 21.1 - 21.4)

215. Exhibit 19.1, plaintiffs daughters birth certificate was

amended on 4-2-15 unbeknownst to plaintiff changing his

daughters last name from Mcrae to Myers by defendant Myers

using fraudulent information in the court filings in order

do this.

216. On 8-6-19 a summary of what plaintiff reported to Lt. Allen

was typed by Lt. Allen and which he was told to sign.

217. Plaintiff did not have time to read this summary before he

had to sign it because there was a "code" called over the

radio of which Lt. Allen had to respond to. Plaintiff later

learned that this was a drill at JTC.

218. Lt. Allen stated that it was just her summary of what plaintiff

had said to her not a statement by him. That another person

would come take a statement from him shortly, from the ISP.

219. Plaintiff never was contacted by anyone after this.

220. Plaintiff requested a copy of the summary he had signed from

Lt. Allen later that day and the next day so that he could

fully read it.

221. Lt. Allen stated that she could not give plaintiff a copy of

the summary, that he would have to get it through a FOIA

request.

222. Plaintiff submitted a FOIA request seeking this summary and

it was denied. This was appealed and denied as well.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 34 of 58 Page ID #435

223. On 8-9-19 plaintiff spoke to BHX Iraburgia and requested that

she speak to defendant Marano in regaurds to the 28 CFR Ch. 1

Section 115 and plaintiffs need for a victim advocate and

confidential counseling relating to sexual abuse.

224. On 8-16-19 BHT Imburgia informed plaintiff that she had spoke

to defendant Marano and that she would look into it.

225. On 8^23*19 BHT Imburgia informed plaintiff that she had no

information as yet. Plaintiff requested that she inform

defendant Marano that he was filing a grievance on this issue

of refusing these services to him.

226. On 8-23-19 plaintiff filed a grievance on the refusal of

these services.

(Ex. 3.1, 3.2)

227. On 8-26-19 this grievance was returned to plaintiff stating

he must submit it through his counselor despite Adin. Code

504 F stating otherwise as stated on grievance.

(Ex. 4.1)

228. On 8-27-19 plaintiff resubmitted this grievance to his

counselor anyway.

(Ex. 4.1, 4.2)

229. It was then resubmitted to the grievance officer by the

counselor stating it must be responded to by the grievance

officer not the counselor.

(Ex. 5.2, 5.3) (counselors response)

230. On 8-27-19 BHT Iraburgia told plaintiff that she had told

defendant Marano that he had filed a grievance on this issue,

which Marano stated that "no services would be offered or

outside services contacted unless it was a confirmed rape".

31

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 35 of 58 Page ID #436

231. Plaintiff informed BHT Imburgia that this was not the standard

and showed her the copy of 28 CFR Section 115 to prove this.

That he had already substantiated his allegations with Lt.

Allen of IA. She said she would inform defendant Marano but

that there was nothing else she could do for plaintiff.

232. On 8-29-19 the grievance officer returr^the grievance dated

8-23-19 on the refusal of services again, this time stating,

he had consulted the PREA Coordinator (defendant Nottingham?)

and that plaintiff must be more specific on where alleged

sexual abuse took place, provi^4date time facility etc.

(Ex. 5.1 - 5.3)

233. Plaintiff then appealed this decision to the ARB and defendant

Jefferys due to him already providing the requested information

from the grievance officer and the inappropriateness of this.

(Ex. 6.1 - 6.5)

234. Defendant Knauer returned this grievance/appeal refusing to

respond despite plaintiff citing Admin. Code 504.810 (b), and

28 CFR Ch.l 115.61 (b), and 504.870 (a)(4), and having

including the counselors, and grievance officers responseStating plaintiff needed to provide these responses.

(Ex. 7.1)

235. Plaintiff then resubmitted this grievance to the grievance

pfficer including the response from defendant Knauer upon

return from the ARB. It has went unresponded too, to date.

(Ex. 6.1 - 6.5, and 7.1)

236. Plaintiff tried to contact the place listed in the JTC PREA

Audit Report for services, and the JHA (John Howard Ass.),

The Sexual Abuse Center in Joliet Illinois which does not

exist nor ever has ) JHA does not offer these services.

237. Plaintiff finally got in touch with GACS (Gaurdian Angel Comm.

Services) and they agreed to provide services in Joliet IL.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 36 of 58 Page ID #437

238. Plaintiff relayed this information to defendants Tack and

Marano as well as his counselor Marinelli.

239. They refused to allow this so plaintiff requested an advocate

from GAGS contact the facility JTC and inform them of the

plaintiffs needs and their willingness to provide this service

which is offered to the public.

240. After repeated attempts by GACS plaintiff was finally told

if he wanted these services he would have to li'ft them on his

visiting list and see them in the visiting room. That he

would lose his visitations allowed each month depending how

many times GACS came for counseling. This was once a week.

So 4-5 visitations were taken from plaintiff a month denying

visitations from his friends and family on these days.

241. On 12-13-19 plaintiff filed an emergency grievance and letter

to defendant Tack. Regaurding the punishment of losing his

visitation priviledges in order to receive these services.

The falsified information within the JTC PREA Audit Report

4s well as needing a confidential setting

to receive these services. This was hand delivered to defendant

Tacks personal mailbox by plaintiffs counselor Marinelli on

12-16-19.

(Ex. 8.1 - 8.7)

242. Plaintiff was informed by GACS counselor that by law she was

not allowed to provide confidential counseling relating to

sexual abuse in the visiting room because it was not a

confidential setting with other visitors within hearing

range and that a secure area would need to be used.

243. Defendant Tack refused to answer or respond to the grievance

dated 12-13-19. After 60 days with no response, plaintiff

appealed this to the ARB and defendant Jefferys on 2-17-20.

(Ex. 9.1 - 9.8)

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 37 of 58 Page ID #438

244. Defendant Knauer refused to respond to this grievance/appeal,

stating a response from counselor, grievance officer, or CAO

was needed. Despite Admin. Code stating no response after 60

days is considered a denial for the purpose of appeal.

(Ex. 10.1)

245. Plaintiff discussed this with defendant Jamison upon the

return of this appeal who instructed him to speak to his

counselor Rowe who instructed him to resubmit the grievance

again. So plaintiff did resubmit grievance and letter dated

12-13-19.

(Ex. 11.1 - 11.7)

246. Plaintiff had filed a grievance on 12-16-19 to the ARB

regaurding PREA compliance and the lack of a final agency

decision on the merits of any portion of any grievance

alleging sexual abuse within 90 days of the initial filing

of the grievance. Originally grieved on 8-5-19.

(Ex. 12.1, 12.2)

247. Defendant Knauer refused to respond to this grievance stating

that their office previously addressed this issue on 8-27-19

finding the grievance "moot".

(Ex. 13.1)

248. Plaintiff filed three grievances on 1-24-20 on defendants

Jefferys, McCarty, Central Investigations, and Sarah BrownFoiles. Regaurding their conduct as staff, reporting of

sexual assault claims, PREA guidelines, violation of plaintiffs

rights, non compliance of dept, rules, regulations, and

directives regaurding sexual assault allegations.

(Ex. 14.1 - 14.6)

249. Defendant Knauer refused to respond to all these grievances

stating they were not submitted in a timely manner despite

plaintiff awaiting responses on these issues and his grievances.

(Ex. 15.1)

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 38 of 58 Page ID #439

249. Defendant then filed a grievance on defendant Knauer regaurding

misconduct in not responding to plaintiffs grievance dated

12-16-19.

(Ex. 16.1.--:.16;3)

250. Defendants Jefferys and Johnson denied this grievance stating

allegations were not substantiated. That FREA claims were

being investigated according to PREA protocol, although they

were not.

(Ex. 17.1)

251. Defendants actions continue to date without resolve.

252. In early 2020 all visitation was ceased by GACS by JTC IDOC.

253. Plaintiff clarifies for time limitations on prosecution and

injury that he was aware of the injury of sexual assault

susstained by defendant Myers while in BMRCC when stating

"no" to defendant Myers on multiple occassions, that he

eventually stopped resisting and just let it happen feeling

as if he had no choice.

254. Plaintiff has been under multiple threats, intimidation,

and manipulation by defendant Myers since this injury of

which she is the perpetrator and it involved an injury

caused by sexual conduct or penetration. Of which the two year

time limitation does not run. Plaintiff is still under

these circumstances to date.

255. Plaintiff brings this action pursuant to the following statute.

735 ILCS 5/13*202.3

(Ex. 25.1)

256. That plaintiff was unaware of any illegality of the actions

taken by defendant Myers once he was no longer at BMRCC or

by defendant Reardon while he was on home monitor.

5«

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 39 of 58 Page ID #440

257. Plaintiff was deceived and manipulated into believing that

the actions taken by defendant Myers once he left BMRCC, those

being sexual intercourse and contact, were legal. That having

this relationship while defendant Myers worked at BMRCC and

plaintiff was on parole home monitor and conceiving a child

was not illegal. Plaintiff had no way of knowing that this

constituted custodial sexual misconduct of which he was victim

of and could not legally give consent too. The approval by

IDOC and later defendant Reardon of defendant Myers home

while she worked at BMRCC and plaintiff was on home monitor

parole additionally led plaintiff to believe that this was

a perfectly legal if quite bizarre relationship to be in.

Plaintiff believed defendant Myers when she stated that she

left BMRCC due to her medical condition.

258. IDOC, defendant Reardon, and Myers fraudulently presented

this as a legal circumstance.

NEGLIGENCE/BREECH OF DUTY/

(fX. Q*‘t, as.'/

259. Defendants had responsibilities and duties as described within

paragraghs 28 - 109. This conduct which was intentional,

wanton, willful, and disregaurdful of plaintiffs rights.

Defendants had a duty to protect plaintiff from the injuries

he complained about and put them on notice about multiple

times. Defendants failed to carry out or fulfill obligations

imposed by legislation in their conduct descibed within.

Violating a legal and moral obligation, and failing to act as

the law obligates them to act. The refusal to follow Federal,

State, and Local Laws, Admin. Codes, Admin. Dir. Admin.

Order, Dept. Rules and Regulations, and Constitutional Rights

constitutes a substantial deviation from the standard of care

that a reasonable person would exercise in this situation.

Defendants acted deliberately despite awareness of circumstances

that would put a reasonable person on notice of the facts

assential to these crimes. Consciously disregaurding the harm

that their actions could and did do to the interests and

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 40 of 58 Page ID #441

rights of plaintiff. Defendants acted beyond their scope of

their authority through the following wrongful acts:

260. Defendant Myers, Doe.l, and Doe.2; did not ensure the safety

of plaintiff while supervising him inside the dental office

at BMRCC.

261. Did not report sexual abuse through chain of command as an

incident report.

262. Did not completely and accurately document an unusual incident

that they observed, including sexual assault.

263. Defendant Reardon; did not ensure the safety of plaintiff

while on parole home monitor and under his care and custody.

264. Did not report sexual abuse through chain of command as an

incident report.

265. Did not completely and accurately document an unusual incident

that he observed, including custodial sexual misconduct.

266. Did not comply with PREA standards/protocol.

267. Did not notify plaintiff of a crime of which he was a victim

of.

268. Did not ivestigate and approve a legal and safe host site

location for plaintiff while on home monitor parole.

269. Defendant Jefferys; did not refer plaintiffs claim of sexual

assault involving staff on inmate to the ISP/DII.

270. Did not provide a final agency decision on a grievance

alleging sexual assault within 90 days.

t/O

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 41 of 58 Page ID #442

271. Did not investigate plaintiffs grievances or inquire into

alleged misconduct by employees.

272. Did not report to the States Attorney of the county in which

an incident of sexual assault occurred or to the appropriate

prosecuting official that an employee committed a violation

of criminal law were reasonable grounds existed.

273. Did not make a final determination of plaintiffs grievances

and send his decision to the plaintiff.

274. Defendants McCarty, Knauer, and Johnson; did not issue a

final decision on the merits of any portion of a grievance

alleging sexual abuse within 90 days of the initial filing

of the grievance.

275. Did not review plaintiffs unresolved grievances to ensure

plaintiff was afforded his due process rights and ensure

compliance with Dept, policies.

276. Did not investigate plaintiffs grievances to inquire into

any alleged misconduct by employees.

277. Defendant Eilers; did not report an allegation of employee

criminal misconduct to the ISP/DII, and obtain instructions

regaurding investigations and further reporting when the

incident of criminal misconduct is listed in the MOU. The sexual

assault involving staff on inmate.

278. Defendants Jackson, and Delia; did not report to the States

Attorney of the county in which an incident occurred that an

employee committed a violation of criminal law, where reasonable

grounds existed.

279. Did not follow juridiction over investigations based on the

April 1, 2004 MOU between the department and the ISP.

Hi

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 42 of 58 Page ID #443

280. Did not advise the ISP/DII and obtain instructions regaurding

investigations and further reporting when the incident of

alleged criminal conduct is listed in the MOU. The sexual

assault involving staff on inmate.

281. Defendant Nottingham; did not ensure compliance with agency

directives and Federal Law relating to PREA, ensure the safety

of plaintiff as an offender within a correctional facility.

282. Did not ensure prompt investigation, disciplinary action and

referral for prosecution, or make services available to

plaintiff following sexual abuse.

283. Did not ensure that JTC undergo a PREA Audit within three

years of the last Audit performed.

284. Defendants Tack, Larry and Nurse; did not notify plaintiff as

a victim of sexual assault in writing of the outcome of the

investigation.

285. Did not review case with the appropriate states attorney for

possible referral for prosecution.

286. Did not review plaintiffs grievance and provide a written

response to plaintiff.

287. Did not notify the ISP/DII of an alleged incident involving

the criminal sexual abuse of a resident/inmate, including

sexual assault involving staff on inmate.

288. Defendants Wilson, Williams, Jamison Marano, and Renzi; did

not identify community agencies, involving advocacy and crisis

organizations where reports can be made or that provide

assistance or support services to offenders in the prevention

or intervention of sexual abuse.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 43 of 58 Page ID #444

289. Did not coordinate the facilities effort to comply with PREA

standards.

290. Did not develop and maintain a program for the treatment and

counselingr6f"'Victims of sexual abuse (plaintiff).

291. Did not offer counseling and supportive services or a victim

advocate from a sexual assault crisis center.

292. Did not notify internal and external investigators and have

investigations initiated.

293. Did not ensure compliance with agecy directives and Federal

Law relating to PREA.

294. Defendants Jefferys, McCarty, Knauer, Johnson, Eilers, Jackson,

Delia, and Nottingham as Agents of the Agency IDOC did not

make available to plaintiff as a victim a victim advocate

from a rape crisis center, or make available to provide a

qualified staff member from a community-based organization,

or a qualified agency staff member.

29$. Did not, as requested by (plaintiff) victim, the victim advocate,

qualified agency staff member, or qualified community-based

organization staff member to accompany and support plaintiff

through investigatory interviews and provide emotional support,

information, and referrals.

296. Did not ensure that an administrative or criminal investigation

was completed for plaintiffs allegation of sexual abuse.

297. Did not issue a final agency decision on the merits of any

portion of a grievance alleging sexual abuse within 90 days of

the initial filing of the grievance.

f3

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 44 of 58 Page ID #445

298. Did not conduct an Investigation into plaintiffs claims of

sexual abuse promptly, thoroughly, and objectively.

299. Did not refer plaintiffs substantiated allegation of sexual

conduct that was clearly criminal for prosecution.

300. Did not report to law enforcement agencies, and to relevant

licensing bodies a contractor who engaged in sexual abuse

that was clearly criminal.

301. Defendants Tack, Ear*?*; Nurse, Wilson, Williams, Jamison, Marano,

and Renzi as Agents of the Facility of JTG did not provide

plaintiff with access to outside victim advocates for emotional

support services related to sexual abuse by giving him mailing

addresses and telephone numbers of local, State, or national

victim advocacy or rape crisis organizations.

302. Did not enable reasonable communication between plaintiff and

these organizations and agencies in as confidential a manner

as possible.

303. Did not offer treatment to plaintiff who had been victimized

by sexual abuse while in prison*

304. Did not provide any follow-up service to this treatment not

offered and taken away.

305. Did not provide plaintiff with mental health services consistent

with the community level of care relating to sexual abuse.

306. Defendants Myers, Doe.l, Doe.2, Reardon, Jefferys, McCarty,

Knauer, Johnson, Eilers, Jackson, Delia, Nottingham, Tack,

Larry, Nurse, Wilson, Williams, Jamison, Marano, and Renzi;

did not obey Federal, State, and Local Laws.

307. Did not comply with Dept. Rules (Admin. Code), written procedure

(Admin. Dir.), bulletins, and written or verbal orders issued

n

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 45 of 58 Page ID #446

by proper authorities.

308. Did not notify and report allegations of staff misconduct

(staff on inmate sexual assault) claims to the Executive

Generals-Office.

rcV 1+

309. As a direct and proximate of defendants negligence, plaintiffs

rights were violated and he experienced physical injuries

including intentional emotional distress.

COUNT 1

CRUEL AND UNUSUAL PUNISHMENT

310. Defendant Myers; as described more fully within, did use force

against plaintiff. That force in the form of repeated rape

while plaintiff was in BMRCC was objectively unreasonable and

meant to degrade and humiliate plaintiff.

311. Did use force against plaintiff unknowingly towards plaintiff.

That force being in the form of Custodial Sexual Misconduct

while plaintiff was on parole home monitor and she worked at

BMRCC. Resulting in the conception of a child. This force

although unknown to plaintiff at the time was objectively

unreasonable and meant to deprive plaintiff of his constitutional

rights and state law.

312. In using force against plaintiff, defendant Myers used extreme

and excessive cruelty towards him for the purpose of causing

harm, including degradation and humiliation. As well as the

production of a child. The actions by defendant Myers was not

in a good faith effort to maintain or restore security or

discipline or provide a valid health care service.

313. Defendant Myers knew that using force presented a risk of harm

to plaintiff, but recklessly disregaurded that risk and

plaintiffs emotional and physical safety by failing to take

reasonable measures to minimize the risk of harm.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 46 of 58 Page ID #447

314. As a direct and proximate result of defendant Myers actions,

plaintiffs rights were violated and he experienced physical

injuries, including intentional emotional distress. As well

as the conception of a child.

COUNT 2

FAILURE TO PROTECT/INTERVENE

315. Defendants Doe.l, Doe.2, and Reardon/IDOC had a reasonable

opportunity to prevent the continued violation of plaintiffs

constitutional rights as set forth within this complaint had

they been so inclined to do so but failed to.

316. Defendants Doe.l, and Doe.2 knew of a substantial risk of harm

to plaintiffs safety and could see and/or had the opportunity

to see the harm occurring to plaintiff as he was repeatedly

raped, or knew of the rape happening, would happen, and continue

to happen, and actively encouraged this. Consciously disregaurding

the risk plaintiff was experiencing by failing to take reasonable

steps to prevent the harm from occurring, continuing, or stopping

it as it occurred at BMRCC.

317. Defendant Doe.l and Doe.2 actions and failure to act was

intentional, done with malice, and done with reckless

indifference to plaintiffs rights and safety while at BMRCC.

318. Defendant Reardon/IDOC had a reasonable opportunity to prevent

the continued violation of plaintiffs constitutional rights

as described more fully within had they been so inclined, but

failed to do so while plaintiff was on parole home monitor. That

being the custodial sexual misconduct of defendant Myers against

plaintiff.

319. Defendant Reardon/IDOC knew of a substantial risk of harm to

plaintiffs safety and could see and/or had the opportunity to

see the harm occurring to plaintiff in the approval of a home

monitor host site at defendant Myers home while she worked at

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 47 of 58 Page ID #448

BMRCC and was pregnant by plaintiff constituting custodial

sexual misconduct, or knew that this crime would continue

to occur but consciously disregaurded the risk plaintiff was

experiencing by failing to take reasonable steps to prevent

the harm from occurring, continuing, or stopping it as it

occurred. Or by informing plaintiff of these facts. Instead

approving this site after being put on notice of these facts.

320. Defendant Reardon/IDOC failure to act was intentional, done with

malice, and done with reckless indifference to plaintiffs

rights and safety. As well as done in an attempt to deprive

plaintiff of this knowledge of harm.

321. As a direct and proximate result of defendants Doe.l, Doe.2,

and Reardon/IDOC actions and failure to intervene, plaintiffs

rights were violated and he experienced physical injuries,

including intentional emotional distress.

COUNT 3

FAILURE TO PROTECT

322. Defendants Myers, Doe.l, Doe.2 did fail to protect plaintiff

from the sexual assault while at BMRCC and the sexual assault

itself at BMRCC.

323. Defendants Myers, and Reardon/IDOC did fail to protect plaintiff

from the custodial sexual misconduct while on home monitor

parole and the custodial sexual misconduct itself while on home

monitor parole.

324. As outlined in Count 2.

325. As a direct and proximate result of defendants Myers, Doe.l

Doe.2, and Reardon/IDOC actions and failure to protect,

plaintiffs rights were violated and he experienced physical

injuries including intentional emotion*'distress •

47

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 48 of 58 Page ID #449

COUNT 4

TO PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES

326. Defendants Reardon, Jefferys, McCarty, Knauer, Johnson, Eilers,

Jackson, Delia, Nottingham, Tack, Larry, Nurse, Wilson, Williams,

Jamison, and Renzi as outlined in paragraphs 259 - 309 did deny

plaintiff his right to petition the government for redress of

his grievance of being a victim of custodial sexual misconduct

as described by state-law by way of prosecution of this felony

offense committed against plaintiff by defendant Myers while

he was on parole home monitor and she worked at BMRCC327. Extended limitations apply to this specific case and these

circumstances had defendants performed their responsibilities

and duties, prosecution may commence within one year after

discovery of the offence by the victim (plaintiff) when

cooberating physical evidence is available and the offense

involved sexual conduct or penatration in which victim was

18 years of age or older at the time of the offense.

720 ILCS 5/3«6F(«)(l-5)

(Ex. 26.1 - 26.4)

328. This crime being custodial sexual miscoduct.

720 ILCS 5/11-9.2(a)(c)(e)(l)(iii)(iv)(3)(i)(ii)(4)

(Ex. 33.1 - 33.3)

329. Cooberating physical evidence being the conception of a child

between defendant Myers and plaintiff as well as DNA evidence

of such.

330. Defendants refusal to investigate refer for prosecution,

report to the ISP/DII and notify the proper authorities of

documentational and cooberating physical evidence of

custodial sexual misconduct for criminal prosecution under State

Law. Despite plaintiffs repeated requests that they do so.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 49 of 58 Page ID #450

331. Due to defendants actions plaintiff would be time barred from

seeking judicial criminal prosecution of this crime he was a

victim of while on home monitor parole.

332. This has created an actual injury against plaintiff.

333. Defendants were on notice of plaintiffs wishes to pursue this

criminal charge by way of multiple grievances and statements

of such.

334. Defendants acted intentionally, wantonly, willfully, and

disregaurdful of plaintiffs rights and interests.

335. Defendants acted beyond their scope of authority and against

Federal, State, and Local Laws, as well as the Constitution of US.

336. As a direct and proximate result of defendants actions plaintiff

suffered an actual injury including intentional emotional

distress.

COUNT 5

DUE PROCESS EQUAL PROTECTION OF LAWS

337« Defendants Myers, Doe.l, Doe.2, Reardon, Jefferys, McCarty,

Knauer, Johnson, Eilers, Jackson, Delia, Knottingham, Tack,

Larry, Nurse, Wilson, Williams, Jamison, Marano, and Renzi

did deny plaintiff equal protection of the Federal, State,

and Local Laws.

338. As stated more fully within defendants refusal to report,

refer, investigate and provide services relating to allegations

of sexual abuse denied plaintiff of persuing criminal charges

in State court against defendant Myers for criminal custodial

sexual misconduct once he was made aware of this crime.

339. As descibed in Count 4

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 50 of 58 Page ID #451

340. Despite plaintiffs repeated requests and notices of his wishes

to persue criminal charges and the need for services relating

to sexual abuse. Plaintiff was denied equal protection of

Federal, State, and Local Laws with the refusal of performing

outlined responsibilities and duties.

341. There can be no rational reason for the denial to perform

these responsibilities and duties as outlined. In relation to

a documented allegation of sexual abuse by an employee on an

inmate, and no limitation on these allegations and their time

frame. As well as the extended limitations on prosecuting such

allegations in criminal court by State Law.

342. Plaintiff asserts a class of one. A victim of a sexual abuse

by an employee on an inmate with documentational evidence

while being in the custody and care of 1D0C. With a perponderance

of evidence supporting these allegations.

343. Plaintiff states generally that he was treated intentionally

difltfefci' from other victims similarily situated with no

rational reason. Those persons being person*sexually abused

by an IDOC employee while in the care and custody of IDOC that

provides a perponderance of evidence by way of documentation

that an allegation of sexual abuse occurred and wishes to

persue criminal charges. With DNA evidence available to

cooberate these allegations.

( i.e. Jacqueline Farris)

344. In the alternative plaintiff has put forth in this complaint

what amounts to direct evidence of aritrary treatment. Plaintiff

identifies the specific harrassers, a plausible motive of

concealing liability towards themselves and employees that

are liable past and present both in a civil and criminal

nature, admitting or uncovering misconduct within the Agency,

and denying the rights of and protections owed to plaintiff,

with a series of actions and/or inactions that

appear "illegitamate on their face" would suffice to state a

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 51 of 58 Page ID #452

claim.

345. As a result plaintiff was denied equal protection of Federal,

State, and Local Laws as described more fully within this

complaint. Including the denial to persue criminal charges

against defendant Myers for custadial sexual misconduct while

he was on home monitor parole and she worked at BMRCC. as well

as services he requested and needed bu4^ did not receive and

has not to date.

346. Defendants acted deliberately, willfully, wantonly, and with

malice in depriving him of the protection of all laws and

rights despite being' on notice of these wrongs, and violations.

In the form of multiple grievances and notices. Defendants

acted beyond their scope of their duty and authority through

these wronful acts numerated within the Negligence claim.

Paragraphs 259 --309.

347. As a direct and proximate result plaintiff did suffer an

actual injury including intentional emotional distress.

COUNT 6

RETALIATION

348. Defendants Jefferys, McCarty, Knauer, Johnson, Eilers, Jackson,

Delia, Knottingham, Tack, Larry, Nurse, Wilson, Williams,

Jamison, Marano, and Renzi did retaliate against plaintiff.

349. Plaintiff filed a grievance and reported a sexual assault

by an employee that took place while he was at BMRCC and was

victim to custodial sexual misconduct while on home monitor

parole.

350. This action and its content is protected and rises to the

level of public concern.

*7

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 52 of 58 Page ID #453

351. These actions spawned the action/inaction outlined in the

Negligence claim. Paragraphs 259 - 309. Plaintiff was denied

all protections put in place that should happen in response

to an allegation of this sort. The allegations were a motivating

factor, in the defendants decisions to deny and disregaurd

all responsibilities and duties outlined within. The actions/

inactions taken whseraa in the aggragate constitute actionable

retalitory conduct. Outlined is a chronology of events from

which retaliation may plausibly be inferred. Plaintiff

experienced a multitude of adverse action that would most

definately deter anyone from reporting a sexual assault by

a staff member. If it was just ignored, not investigated,

prosecuted, or responded too, or services not provided, with

no puishment, acknowledgement or recourse. The defendants

actions over thesermonths in all ways would deter any person

of ordinary firmness from exercising this First Amendment right.

352. As a direct and proximate result of defendants actions plaiA'W^

did suffer an actual injury including intentional emotional

distress.

COUNT 7

CONSPIRACY

353. Defendant Myers, Doe.l, Doe.2, and Reardon did conspire to

commit conspiracy•(an unlawful act).

354. Defendant Myers, Doe.l, and Doe.2 did agree to sexually assault

(rape) plaintiff while he was at BMRCC. Depriving him of his

right toMfree of cruel and unusual punishment. Acting in

violation of state law and the US Constitution,they did act

in excess of their authority.

355. Myers did then rape plaintiff while at BMRCC while Doe.l, and

Doe.2 did encourage this and provide look out so as not to

be caught, they also failed to report this or stop it from

happening. This was done with willful and wanton negligence.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 53 of 58 Page ID #454

356. Defedant Myers and Reardon did agree to commit custodial

sexual misconduct while plaintiff was on home monitor parole

and Myers worked at BMRCC. They diihide this from plaintiff

by approving the home for parole, depriving plaintiff of his

right to be free from cruel and unusual punishment, his right

to petition the government for redress in prosecuting this

crime perpetrated against him by Myers. Acting in violation

of state law US Constitution and in excess of their authority.

357. Possibly having Myers leave her job to avoid criminal action

or prosecution.

358. As a direct and proximate result plaintiff did experience a

physical and actual injury including intentional emotional

distress.

COUNT 8

ASSAULT & BATTERY/SEXUAL ABUSE//'<*<'*/A‘><a0^

C£>• a

So./, ?/./,

)

359. Defendant Myers did repeatedly make physical contact with

plaintiff without valid cause or consent as descibed more fully

within. That physical contact was offensive and harmful while

plaintiff was at BMRCC.

360. Defendant Myers intended to harm and frighten plaintiff

withoufvalid cause. Her actions did cause plaintiff fear and

apprehension while at BMRCC.

361. Defendant Myers actions were done intentionally, willfully,

wantonly, and with sucJl reckless disregaurd for their natural

consequences as to contitute the tort of sexual abuse! under

the laws and constitution of Illinois while plaintiff was at

BMRCC.

362. In that Myers did repeatedly rape plaintiff at BMRCC.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 54 of 58 Page ID #455

363. As a direct and proximate result of Defendant Myer conduct

plaintiff did experience physical injuries including

intentional distress.

COUNT 9

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

364. As stated more fully within defendant Myers, Doe.l► s and Doe.2

engaged in extreme and outrageous conduct when Myers repeatedly

raped plaintiff while at BMRCC and Doe.l and Doe.2 encouraged

this, did nothing to stop it, report it, or intervene to

stop it, providing look out for Myers while this was done.

These actions were undertaken intentionally and with knowledge

that there was a high probability that the conduct would

inflict severe emotional distress and with reckless disregaurd

of that probability.

365. As stated more fully within defendant Myers and Reardon/IDOC

engaged in extreme and outrageous conduct when Myers did

commit the crime of custodial sexual misconduct against

plaintiff while he was on parole home monitor and she worked

at BMRCC and Reardon encouraged this, did nothing to stop it,

or intervene to stop it, approving Myers home as a host site

for plaintiff and not advising him of this illegal conduct

of which he was a victim too. These actions were undertaken

intentionally and with knowledge that there was a high

probability that the conduct would inflict severe emotional

distress and with reckless disregaurd of that probability.

366. As-stated more fully within defendants Jefferys, McCarty,

Knauer, Johnson, Eilers, Jackson, Delia, Nottingham, Tack,

Larry, Nurse, Williams, Wilson, Jamison, Marano, and Renzi

did engage in extreme and outrageous conduct when they

violated plaintiffs rights, refused to investigate, refer

for criminal prosecution, report to ISP/DII and answer

claims of sexual abuse by an employee on an inmate, provide

services related to sexual abuse, or follow Federal, State, and

rf

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 55 of 58 Page ID #456

Local Laws, Admin. Code, Admin. Dir., Admin. Order, PREA

guidelines/protocol, and rules and regulations, not

answering, denying, returning, and finding moot all

grievances submitted by plaintiff. Ignoring all notice

given by plaintiff. Defendants encouraged this conduct,

did nothing to stop it, participated in it, did nothing

to intervene, or report it. These actions were undertaken

intentionally and with knowledge that there was a high

probability that the conduct would inflict severe emotional

distress and with reckless disregaurd of that probability.

367.

These actions and misconduct are rooted in an abuse of

power and authority with malice and reckless indiffererence.

368. As a direct and proximate result of defendants misconduct

plaintiff experienced an actual injury, physical injuries,

including intentional emotional distress.

COUNT 10

CUSTODIAL SEXUAL MISCONDUCT

369. As stated more fully within defendant Myers did as an

employee of a penal system BMRCC did engage in sexual conduct

and penetration with plaintiff who was in the care and custody

of that penal system by way of home monitor parole MSR. This

resulted in the conception of a child.

370. Defendant Myers intended to harm and take advantage of

plaintiff and conceive a child with plaintiff without valid

cause or knowledge by plaintiff. These actions did cause harm

to plaintiff and the conception of a child.

371. As a direct and proximate result of defendants misconduct

plaintiff experienced an actual injury, physical injuries

including intentional emotional distress.

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 56 of 58 Page ID #457

RELIEF REQUESTED

A. That defendant Jefferys identify by first and last name Doe.l

and Doe.2 as BMRCC dental assistant and hygienist during

11-2008 thru 5-2009. As acting director of ID0C. As well as

last known address. In the form of a Court Order in accordance

with Dept. Rules.

B. Issue an Injunction Ordering defendant Jefferys by and through

his Agents (defendants) to:

1. Immediately issue a final agency decision in relation to

the allegation of sexual assault by defendant Myers against

plaintiff.

2. Immediately notify the Executive Generals Office of staff

misconduct in a State facility as defined within this

complaint.

3. Immediately notify, report, and refer plaintiffs allegation

to the ISP/DII for investigation and possible prosecutionof criminal acts.

4. Immediately Comply with all PREA guidelines/protocol as

outlined in 28 CFR Chapter 1 Section 115.

5. Immediately enter into a Memorandum of Understanding with

Guardian Angel Community Services Center in Joliet Illinois,

to provide and offer local victim advocacy and outside

confidential counseling services and support in relation

to sexual abuse and rape crisis intervention and care,

For All Of The Joliet Treatment Center and Victims of

sexual abuse, since they have agreed to provide these

services in these cases.

6. Immediately stop the practice of requiring confidential

counseling relating to sexual abuse to be done in the

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 57 of 58 Page ID #458

visiting room during visitation times with other visitors

and denying vicitms the majority of their visiting priveleges

in order to receive this counseling. These services are

done by volunteers and should be treated, screened, and

allowed in to JTC as such in accordance with Dept. Rules.

7. Immediately arrange for the continuation and initiation

of the services required by plaintiff from GACS in a.

confidential manner in accordance with State law and

sexual abuse counselors requirements.

8. Immediately investigate, review, and issue a determination

on all plaintiffs unresolved grievances to ensure he is

afforded his due process rights and ensure compliance with

departmental policies. Including refer any for futher

investigation. Grievances attached.

(Ex. 1.1 - 17.1)

9. Immediatley have JTC undergo a mandatory PREA Audit Report

performed by a contracted PREA Auditor certified:by the

DOJ. And that plaintiff be included in this Audit.

10. That defendants be put on notice of the probability and

possible retaliation from defendant Myers by and through

her friends and relations that are employed with IDOC

and/or Wexford Health Sources Inc., after Service of this

complaint to defendants.

Wherefore plaintiff Charles A. Mcrae respectfully requests that

this Court grant Injunctive Relief and enter a Judgment in his

favor against defendants named in this complaint awarding :■

compensatory, and punitive damages, attorney fees, and any other

Relief this Court deems appropriate.

$7

Case 3:20-cv-00410-DWD Document 33 Filed 08/23/21 Page 58 of 58 Page ID #459

VERIFICATION OF CERTIFICATION

I Charles A. Mcrae certify to the best of my knowledge, information,

and belief, that this second amended complaint is in full compliance

with Federal Rule of Civil Procedure ll(a)(b).

Under penalty of perjury the undersigned certifies that the statements

set forth in this second amended complaint are true and correct,

except as to matters therein stated to be on information and belief

and as to such matters the undersigned certifies as aforesaid that

he verily believes the same to be true.

Signed and dated this 22nd day of July-2021.

Charles A. Mcrae B62695

2848 W. McDonough Street

Joliet, IL. 60436

PROOF/CERTIFICATE OF SERVICE

To: Clerk of Court US Dist. Court 750 Missouri Ave East St. Louis IL.

62201

Please take notice that on July 22, 2021 I Charles A. Mcrae did

place a second amended complaint in the institutional mailbox

w/proof of service at the JTC 2848 W. McDonough Str Joliet IL. 60436

properly addressed to the party listed above for mailing through the

USPS with postage fully prepaid.

Signed this 22nd day of July 2021.

Charles A. Mcrae B62695

2848 W. McDonough Str

Joliet, IL. 60436

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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