Ames v. Randle

933 F. Supp. 2d 1028, 2013 WL 1181498, 2013 U.S. Dist. LEXIS 40412
CourtDistrict Court, N.D. Illinois
DecidedMarch 18, 2013
DocketNo. 11 C 920
StatusPublished
Cited by24 cases

This text of 933 F. Supp. 2d 1028 (Ames v. Randle) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ames v. Randle, 933 F. Supp. 2d 1028, 2013 WL 1181498, 2013 U.S. Dist. LEXIS 40412 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

Plaintiff Thomas R. Ames brings this action under. 42 U.S.C. § 1983 (“Section 1983”) against Michael P. Randle, Terry McCann, Anthony Ramos, Frank Shaw, Marvin Reed,, Anna Dockery and John Doe (collectively, “Defendants”), alleging violations of the Eighth Amendment of the Constitution. (R. 34, Am. Compl. ¶¶ 1-2.) Presently before the Court is Defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (R. 52, Defs.’ Mot.) For the reasons stated below, the motion is granted in part and denied in part.

RELEVANT FACTS

Ames has been incarcerated at Stateville Correctional Center (“Stateville”) since 1993. (R. 34, Am. Compl. ¶ 8.) Defendants are various employees of the Illinois Department of Corrections (“IDOC”) who allegedly were responsible for the conditions of Ames’ confinement. {Id. ¶¶ 9-14.) Michael P. Randle was the Director of IDOC during the time relevant to this action. {Id. ¶ 9.) Anthony Ramos, Frank Shaw, and Terry'McCann were wardens of State-ville at various times relevant to this action, {id. ¶¶ 10-12); McCann and Shaw were also Chief Administrative Officers during the time relevant to Ames’ complaint, {id. ¶ 10; R. 34-3, Ex. 3 at 2). Marvin Reed was Assistant Warden of Operations during the time relevant to this action. (R. 34, Am. Compl. ¶ 13.) Anna Dockery was Unit E Correctional Counsel- or II during the time relevant to this action. {Id. ¶ 14.) John Doe is not addressed in the body of Ames’ amended complaint; however, in his initial complaint Ames identified Doe as a “Maintenance Clerk/Supervisor,” (R. 1, Pl.’s Compl. 2a).

[1031]*1031In 2008, Ames was moved to'Cell 928, which is located within Unit E.1 (R. 61, Pl.’s Opp’n at 2 n.l). Ames alleges numerous problems with his cell and Unit E, including unsanitary conditions, a lack of ventilation, and continuous lighting that interferes with sleep. (R. 34, Am. Compl. ¶¶ 15-30.) Upon moving in, Ames noticed basic problems with the condition of his new cell, including dried bodily fluids on the wall of his cell and a strong odor of ammonia from his uncleaned toilet. (Id. ¶ 17.) Ames alleges that throughout Unit E there is a pest infestation accompanied by filth and feces, (id. ¶ 18), and a complete lack of basic cleaning supplies or even garbage bags, (id. ¶¶ 19-21). Although Statevifle issues two soap bars measuring approximately 2" x 1" x 1/2" to each inmate per week, Ames alleges that during a seven-week period in November and December 2008, .he was not issued these soap bars, and therefore had nothing with which to clean himself or his cell during this time period. (Id. ¶¶ 19-20; R. 34-1, Ex. 1 at 4-5, ¶ 2.)

Ames additionally avers that ventilation in his unit is severely limited for several reasons. (R. 34, Am. Compl. ¶¶ 22-27.) First, the vent intended to allow fresh air to flow into his cell is covered with a steel plate. (Id. ¶ 23.) Moreover, in Unit E the exhaust fans are not used, (id. ¶ 24), and most windows are screwed shut, (id. ¶ 25). Altogether the lack of ventilation causes the air quality to be poor and the air temperature to routinely exceed 90 degrees, even in the winter months. (Id. ¶¶ 26-27.) According to Ames, the lack of ventilation undermines his health. (Id. ¶ 27.)

With respect to the lighting in Unit E, Ames avers that Unit E is equipped with numerous large ceiling lights, all of which are left on 24 hours a day. (Id. ¶ 28; R. 34-1, Ex. 1 at 12-13 ¶ 12.) These lights are situated such that-they shine directly into Ames’ cell, causing him to suffer sleeping problems, which inhibit his ability to recover from-his other ailments. (R. 34, Am. Compl. ¶¶ 29-30, 35.)

In an IDOC grievance, Ames also complained about the recycling of filthy, soiled bedding, (R. 34-1, Ex. 1 at 3-4 ¶ 1), missing or dilapidated, and sometimes dangerously damaged, cell furniture and fixtures, and badly peeling toxic paint, (id. at 5-9, ¶¶ 3-7).

Ames suffers from endocarditis (an infection of the lining of the heart), which he claims is due to the conditions of his confinement, and from which his “numerous, almost constant, fungal infections” . stem. (R. 34, Am. Compl. ¶¶ 31-32.) Ames’ endocarditis visibly manifests itself through discolored and splintered nails. (Id. ¶ 33.) He also suffers from frequent upper respiratory infections. (Id. ¶34.) Allegedly, these health problems result from and are exacerbated by unsanitary living conditions and Ames’ inability to rest adequately due to the constant illumination of his cell. (Id. ¶ 35.)

PROCEDURAL HISTORY

On February 9, 2009, Ames filed an Emergency Grievance (“Grievance”) with McCann concerning his living conditions and the staffs conduct. (Id. ¶ 36; R. 34-1, Ex. 1.) When McCann failed to respond, Ames forwarded his Grievance to Dockery on March 2, 2009. (R. 34, Am. Compl. ¶¶ 36-37.) Dockery responded to the Grievance on or about March 12, 2009, and Grievance Officer Margaret Thompson made her recommendations in a Grievance Officer’s Report on April 23, 2009. (Id. [1032]*1032¶¶ 38-39; R. 34-3, Ex. 3 at 2.) With respect to Ames’ complaints regarding cleaning supplies, lighting and ventilation, Thompson recommended denying the Grievance. (R. 34, Am. Compl. ¶ 39; R. 34-3, Ex. 3 at 2.) Shaw, the Chief Administrative Officer, concurred with Thompson’s recommendation on May 4, 2009. (R. 34, Am. Compl. ¶ 40; R. 34-3, Ex. 3 at 2.) Ames appealed this decision to Director Randle, who denied the appeal on May 7, 2009. (R. 34-3, Ex. 3 at 2.) On August 6, 2009, Sarah Johnson, on behalf of the Administrative Review Board Office of Inmate Issues, determined that Ames’ Grievance had been appropriately addressed and recommended that the Grievance be denied; Randle, as Director, concurred with Johnson’s decision. (R. 34, Am. Compl. ¶ 42; R. 34-4, Ex. 4 at 2).

Having exhausted his administrative remedies, Ames filed a pro se complaint in this Court on February 9, 2011, (R. 1, Compl.), and sought appointment of counsel, (R. 4, Mot. App’t Counsel). This Court granted Ames’ motion for appointment of counsel, (R. 6, Op. at 2), and on February 29, 2012, with the assistance of counsel, Ames filed an amended complaint. (R. 34, Am. Compl.) In his amended complaint, Ames presents two claims against Defendants in their individual (Count I) and official capacities (Count II),' alleging that Defendants have been deliberately indifferent to the conditions of his confinement at Stateville, in violation of his Eighth Amendment rights. (Id. ¶¶ 50-66.)

Defendants filed a motion to dismiss Ames’ amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on May 17, 2012. (R. 52, Defs.’ Mot.) Defendants raise three principal arguments in the memorandum supporting their motion to dismiss. (R. 53, Defs.’ Mem.) Defendants first argue that Ames’ amended complaint fails to state a claim that the conditions of his confinement are unconstitutional. (Id. at 8.) Further, they argue that Ames fails to plead sufficient personal involvement for them to be liable for the conditions of his confinement. (Id.

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Cite This Page — Counsel Stack

Bluebook (online)
933 F. Supp. 2d 1028, 2013 WL 1181498, 2013 U.S. Dist. LEXIS 40412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-randle-ilnd-2013.