Opinion
No. 01 C 5789
March 22, 2002
MEMORANDUM OPINION AND ORDER
Plaintiff Brian R. Chandler, currently an inmate at Dixon Correctional Center, brings this pro se complaint pursuant to 42 U.S.C. § 1983 in regard to numerous incidents while he was detained at the Kane County Jail. Defendants Kane County, Ronald Collins, Eugene Buldak, Officer Bailey, Officer Dahlke, and Sgt. Flowers have filed a motion to dismiss. Chandler has filed a response to the motion and a motion for leave to amend. For the following reasons, defendants' motion to dismiss is granted in part and denied in part.
I. Standard of Review on a Motion to Dismiss
The purpose of a motion to dismiss is to test the sufficiency of the complaint, not to decide the merits. Gibson v. Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). Federal notice pleading requires only that the plaintiff "set out in her complaint a short and plain statement of the claim that will provide the defendant with fair notice of the claim." Scott v. City of Chicago, 195 F.3d 950, 951 (7th Cir. 1999). When ruling on a motion to dismiss, the court assumes that well-pleaded allegations are true and draws all reasonable inferences in the light most favorable to the plaintiff Henderson v. Sheahan, 196 F.3d 839, 845 (7th Cir. 1999), cert. denied, 530 U.S. 1234 (2000). This rule has particular force when considering the allegations of a pro se complaint, which are held "to less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520 (1972). Accordingly, pro se complaints we to be liberally construed. Wilson v. Civil Town of Clayton, Ind., 839 F.2d 375, 378 (7th Cir. 1988).
However, while it is often said that a claim may be dismissed only if, as a matter of law, "it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations," Neitzke v. Williams, 490 U.S. 319, 327 (1989) ( quoting Hishion v. King Spalding, 467 U.S. 69, 73 (1984)), the Seventh Circuit has observed that this maxim "has never been taken literally." Kyle v. Morten High School, 144 F.3d 448, 455 (7th Cir. 1998) ( quoting Sutliff Inc. v. Donovan Companies, Inc., 727 F.2d 648, 654 (7th Cir. 1984)). All plaintiffs — whether pro se or represented — must include in the complaint allegations concerning all material elements necessary for recovery under the relevant legal theory. Chowla v. Klapper, 743 F. Supp. 1284, 1285 (N.D. Ill. 1990).
II. Facts
As an initial matter, the court considers defendants' argument in their reply brief that Chandler's response to the motion to dismiss is a wholesale rewrite of his original complaint, by which Chandler is attempting to overcome the motion to dismiss by a blanket assertion of new allegations. Defendants accordingly stand on their original motion to dismiss because Chandler did not seek to amend his original complaint.
Mindful that the Federal Rules of Civil Procedure require notice and not fact pleading, the Seventh Circuit has taken a liberal view toward responses to motions to dismiss that refer to facts not originally pleaded. The court of appeals has held that "[a] plaintiff need not put all of the essential facts in the complaint. He may add them by affidavit or brief in order to defeat a motion to dismiss if these facts are consistent with the allegations in the complaint" Hentosh v. Herman M. Finch University, 167 F.3d 1170, 1173 n. 3 (7th Cir. 1999) ( quoting Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir. 1992)).
The court finds that Chandler's factual assertions in his response are consistent with the allegations of his complaint and will accordingly consider them along with the allegations of the original complaint.
In line with the foregoing authorities, the following factual statement is drawn from Chandler's complaint and response.
Chandler was detained at the Kane County Jail from November 24, 1998, through September 9, 1999. During this time he attempted suicide a number of times. Guards punched, kicked, and spat on him. He was denied visitation and phone contact with his family. One of the side effects of his medication was suicidal thoughts and tendencies. The Kane County medical staff told him that this would lapse, but it did not. The jail provided false information to both Mercy and Delnor Hospitals. A chronology of specific incidents follows:
On December 27, 1998, Officer Hardin supplied him with a razor with which he slashed his wrists. He was transported to Mercy Hospital where he was stitched and released.
Officer Hardin has never been named as a defendant.
On January 14, 1999, Chandler fell in the shower, injuring his left elbow. He was taken to the hospital and diagnosed with a possible tendon tear.
On January 26, 1999, he was taken to Sherman Dialysis Center where the tendon tear was confirmed. A follow-up appointment was set up for four weeks later but Chandler was never taken for any further care. Chandler slept on the infirmary floor from January 16, trough February 18, 1999.
On March 14, 1999, Chandler slashed his wrists and neck with a razor he had obtained from Officer Markham and was rushed to Delnor Hospital. He was returned to Kane County Jail on the condition the Kane County obtain a certificate to have Chandler hospitalized within 24 hours. Sgt. Carte had assumed responsibility for Chandler.
Officer Markham has never been named as a defendant.
Sgt. Carter has never been named as a defendant.
On March 15, 1999, Commander Collins decided not to obtain the certificate for hospitalization.
Several days later, Sgt. Flowers removed Chandler from the "risk" area, where he had spent three days in a restraint chair, to a maximum segregation area. Chandler was kicked and punched and told that there would be no witnesses so he should "get use [sic] to this type of treatment." Officers Dahlke, Bailey, and several others continued this "treatment" on a daily basis.
On April 25, 1999, Officer Dahlke kicked Chandler, causing severe bruising. Dahlke frequently went to Chandler's cell and urged him to "liven things up." Dahlke kicked Chandler on another occasion, but Chandler does not give the date. Both incidents were reported to Sgt. Lewis and the nurse on duty.
Sgt. Lewis has never been named as a defendant.
On April 25, 1999, Sgt. Flowers escorted Chandler to segregation where he threw Chandler to the ground and struck him several times. On another occasion, Flowers used pepper spray on Chandler.
On April 26, 1999, Commander Collins ordered Chandler to be removed from "risk" and taken to a maximum security segregation unit. He remained there through June 26, 1999.
On June 16, 1999, Chandler slashed his wrists and was taken to Mercy Hospital where he was stitched and released.
On June 19, 1999, Chandler slashed his wrists and neck and was taken to Mercy Hospital where he was stitched and released.
On August 11, 1999, Officer Bailey came to Chandler's cell after he had slashed his wrists and neck. Bailey struck Chandler in the face twice and twisted his arm until the nurse told him to stop. At about 1:40 p.m. Chandler was taken to the hospital and was returned to the jail at about 3:30 p.m. Officer Bailey then gave him an object and told him to "do it right, punk." At about 9:30 p.m. Chandler used this object and slashed his wrists and neck. He was returned to Mercy Hospital and interviewed by two psychiatrists, who recommended immediate hospitalization. Kane County refused and returned Chandler to the jail. Officer Bailey continued to harass Chandler and encourage him to end his life throughout his stay at the jail. Commander Collins ordered Chandler to be taken to a maximum security segregation unit, where he remained through September 8, 1999.
On August 16, 1999, Director Buldak received a letter, presumably from Chandler's family. He called Chandler's family the next day and assured them that there would be no further incidents. Buldak did not follow up and did not respond to further phone calls and letters.
On August 19, 1999, Chandler slashed his wrists and was taken to Mercy Hospital where he was stitched and returned to the jail.
On September 5, 1999, Chandler slashed his neck and wrists and was taken to Mercy Hospital where he was stitched and returned to the jail.
On September 8, 1999, Officer Bailey opened Chandler's cell door, spat on him, threw his breakfast on the floor, and told him his G.D. Buddies would see Chandler in prison.