Glick v. Walker

272 F. App'x 514
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 2, 2008
DocketNo. 07-2929
StatusPublished
Cited by9 cases

This text of 272 F. App'x 514 (Glick v. Walker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glick v. Walker, 272 F. App'x 514 (7th Cir. 2008).

Opinion

ORDER

Illinois inmate Dennis Glick, a sex offender formerly housed in the Menard Correctional Center, filed this suit against several prison officials claiming that they were deliberately indifferent toward his mental health needs and also the risks of harm posed by one cellmate’s smoking and another cellmate’s threat to kill him. He also claims that prison officials retaliated against him for filing grievances, in violation of the First Amendment, and that they did not allow him to participate in a mental health program, in violation of the Americans with Disabilities Act. The district court screened his complaint, see 28-U.S.C. § 1915A, and dismissed it for failure to state a claim. We vacate the judgment and remand the case for further proceedings on all claims except the ADA claim, on which we affirm the dismissal.

For purposes here we accept as true the allegations in Glick’s complaint. See Westefer v. Snyder, 422 F.3d 570, 574 (7th Cir.2005). According to Glick, in May 2005 a prison psychiatrist diagnosed him with a mental illness and ordered that he take medication and attend group therapy. Five months later, after learning that his security status prohibited him from participating in group therapy, Glick filed a grievance, requesting that his status be adjusted so that he could attend therapy. His grievance was denied, so he wrote to several Department of Corrections administrators, including Director Roger Walker, again requesting that his security status be lowered. In response he was told that he could not participate in group therapy because of his security status.

During this time, Glick was admitted to the hospital at Menard because he had chest pain and trouble breathing, and he was diagnosed with emphysema. Upon returning to his cell after his stay in the hospital, he filed an emergency grievance, complaining that his cellmate smoked, which increased his chest pain, and he requested a transfer. Correctional counselor James Alms denied the request, and a month later grievance officer Tyrone Murray also denied the request, and warden Alan Uchtman concurred. Glick appealed to Walker, but the appeal was denied.

Soon after, in February 2006, Glick also reported that a new cellmate had threat-, ened to kill him. Glick wrote two letters to a social worker at Menard, explaining that the cellmate had said that he had [517]*517been charged with gang involvement, had been transferred from another prison for threatening to kill a sex offender, and had stabbed two inmates many years ago. Glick also said that this cellmate threatened his life and said he would “do something” while Glick was asleep. Glick explained that these statements, combined with the fact that Glick is a sex offender and has a mental illness, left him vulnerable enough to justify a transfer. When Glick met with the social worker a month later, she told him that she had given his letters to an officer in Internal Affairs, but no one from Internal Affairs followed up with Glick. In the meantime, Glick’s cellmate did attack him; he pushed Glick’s head against the wall, causing it to bleed, bit Glick’s arm as Glick attempted to prevent him from grabbing a weapon, and threatened to stab Glick with a pencil. Glick told the social worker about the attack and filed an emergency grievance, which warden Uchtman denied.

Less than a month later, Glick was transferred to Pontiac Correctional Center as part of a routine annual transfer. At Pontiac an Internal Affairs officer interviewed Glick about the attack by his former cellmate, and Glick signed a written statement describing it. He was then removed from protective custody against his wishes, and a month later he was transferred to the general population at State-ville Correctional Center. From State-ville, he filed an appeal of the denial of his grievance about the attack, but the appeal was denied as untimely by Melody Ford, a member of the Administrative Review Board.

Glick filed suit in July 2006, claiming that prison officials were deliberately indifferent to (1) his mental health needs, (2) the substantial risk of harm from his cellmate’s smoking, and (3) the substantial risk of harm posed by the cellmate who threatened to, and did, attack him. He also claimed that officials (4) retaliated against him for filing grievances when they transferred him out of protective custody at Pontiac and then to Stateville and (5) violated Title II of the ADA by denying him access to mental health services. The district court, however, read his complaint as making only three claims — deliberate indifference to Glick’s mental health needs, retaliation, and violation of the ADA. It recognized that mental illness can be considered a serious medical need but held that Glick failed to state a claim because he did not “name any defendant personally responsible for denying him treatment.” Similarly, the court held that Glick did not state a retaliation claim because, as it interpreted the complaint, Glick did not say who retaliated against him or what the specific retaliatory act was. Finally, the court dismissed Glick’s ADA claim, reasoning that the ADA does not allow Glick to sue state officers in federal court. The disti’ict court failed to mention anything about Glick being exposed to second-hand smoke and the attack by his cellmate. On appeal Glick argues that all of his claims, including the ones not addressed by the district court, should have survived screening.

We review de novo a dismissal under § 1915A for failure to state a claim. Westefer, 422 F.3d at 574. To satisfy the notice-pleading requirements of Federal Rule of Civil Procedure 8(a)(2), a complaint need only include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2); see Bell Atl. Corp. v. Twombly, - U.S. -, 127 S.Ct. 1955, 1964, 167 L.Ed.2d 929 (2007). A plaintiff must “provide the grounds of his entitlement to relief’ by saying enough to “raise a right to relief above the speculative level,” Twombly, 127 S.Ct. at 1964-65 (internal quotation marks, brackets, and citation omitted), [518]*518though “[s]pecific facts are not necessary,” Erickson v. Pardus, — U.S. -, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007). See Airborne Beepers & Video, Inc. v. AT & T Mobility LLC, 499 F.3d 663, 667 (7th Cir.2007). Pro se complaints are construed liberally and held to less-exacting standards than those drafted by counsel. Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir.2001).

We begin with the two claims the district court did not address — that prison officials were deliberately indifferent to the risks of harm Glick faced from one cellmate’s smoking and another cellmate’s threat to kill him. Although Glick separately identified these claims in his complaint and devoted five numbered paragraphs to each claim, the district court did not mention them in its order dismissing the complaint. We hold that Glick has alleged enough to state a claim on both of these claims, and we vacate their dismissal.

First, Glick’s complaint includes enough detail to state an Eighth Amendment claim ■with regard to the second-hand smoke. Exposure to second-hand smoke can give rise to two types of Eighth Amendment claims — one for present injury and one for future injury.

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Bluebook (online)
272 F. App'x 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glick-v-walker-ca7-2008.