Santiago v. Walls

599 F.3d 749, 2010 U.S. App. LEXIS 6465, 2010 WL 1170654
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 29, 2010
Docket07-1219
StatusPublished
Cited by749 cases

This text of 599 F.3d 749 (Santiago v. Walls) 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
Santiago v. Walls, 599 F.3d 749, 2010 U.S. App. LEXIS 6465, 2010 WL 1170654 (7th Cir. 2010).

Opinions

RIPPLE, Circuit Judge.

Fabian Santiago was a prisoner at the Menard Correctional Center in Illinois (“Menard”), where he was assaulted on several occasions. He filed this pro se action under 42 U.S.C. § 1983 against certain officers and employees of the Illinois Department of Corrections (“IDOC”), alleging that they had violated his constitutional rights by failing to protect him from other inmates, failing to provide him with medical care and retaliating against him for speaking out against the IDOC. The court dismissed three of the seven claims that Mr. Santiago brought for failure to state a claim. During discovery, Mr. Santiago repeatedly requested that the court recruit counsel, pursuant to 28 U.S.C. § 1915(e)(1).1 However, the court declined to do so until three months before trial, which was more than twenty months after discovery had closed. After a two-day trial, a jury found in favor of the defendants, and Mr. Santiago brought this appeal. Because we believe that the district court erred in dismissing Count Four of Mr. Santiago’s complaint and abused its discretion by not recruiting counsel for Mr. Santiago during discovery, we affirm in part and reverse in part the judgment of the district court and remand this case for further proceedings.

I

BACKGROUND

A. Incidents at the Menard Correctional Center

1. The fight with Harris

On April 17, 2001, while Mr. Santiago was a prisoner at Menard,2 he fought with his cellmate, Haynes.3 Another inmate, Isaac Harris, witnessed the altercation; during the fight he yelled for Mr. Santiago “not to trip” because Harris had him. R.l (5/21/2002 Grievance Report). Mr. Santiago interpreted this verbal intervention as a threat of retaliation. Correctional Officer (“C.O.”) Gary Rednour and C.O. Butler witnessed this exchange but did not report the threat to the prison authorities. Although Mr. Santiago filed a grievance regarding the alleged threat by Harris, he claims that he was unable to list Harris as an enemy4 because he knew Harris only by a nickname, “Ice.”

In a prison disciplinary proceeding concerning Mr. Santiago’s fight with Haynes, [753]*753Mr. Santiago was found guilty of fighting and was placed in segregation for six months. The grievance officer’s report noted that, in the future, Mr. Santiago should report any enemies to his counselor so that such individuals would not be placed in his cell.

2. The Harris assault

On May 15, 2002, Warden Jonathan Walls and Captain Ramage assigned Mr. Santiago to Harris’s cell. Later that day, while Mr. Santiago was eating lunch in the cafeteria, Harris attacked him. Mr. Santiago alleges that, during the ensuing fight, Sergeant Suemnicht was standing approximately fifteen feet away but did not intervene until Mr. Santiago got up, turned around and attempted to hit Harris. At that time, Sergeant Suemnicht sprayed Mr. Santiago and Harris with pepper spray. C.O. John Doe 15 then tackled Mr. Santiago to the ground, causing him “extreme pain.” R.28 at 5. The complaint further alleges that, while escorting Mr. Santiago to the infirmary, C.O. John Doe 1, “brutally yank[ed] and rip[ped]” backwards Mr. Santiago’s handcuffs, giving him abrasions and causing him further pain. Id. Mr. Santiago further alleges that he was treated in this manner by the officers even though he offered no resistance.

According to Mr. Santiago’s complaint, when he reached the infirmary, Dr. John Doe refused to treat him. Dr. John Doe instead told C.O. Keys to move Mr. Santiago to a segregation unit. C.O. Keys first placed Mr. Santiago in a holding cell within view of a surveillance camera and then later moved him to segregation. Mr. Santiago states that he suffered from migraine headaches and facial pain and that he had trouble eating.

3. The Castro assault

Not long after the Harris assault, Mr. Santiago was moved into a cell with Castro, who, Mr. Santiago alleges, had a history of assaulting his cellmates. Mr. Santiago filed an emergency grievance with Warden Walls, requesting that his cellmate be placed on his enemy list and seeking relocation to avoid a physical confrontation.6 The request specifically informed the warden that Mr. Santiago believed there was a conscious practice on the part of the prison guards to place him with inmates with whom he was bound to have a confrontation that would result in his being sent to segregation. Warden Walls took no action.7 Four days later, Mr. Santiago was assaulted severely by Castro and sustained cuts, swelling and bruises to his face — “the walls, floor and bed full of my blood.” R.l at 5. Mr. Santiago alleges that, after he was assaulted, C.O. Jines, C.O. Cox and others refused to provide him with medical treatment. He further alleges that the guards placed him in another cell with a prisoner who had assaulted a guard. The complaint also alleges that prison guards attempted to place him in a yard with Harris in order to expose him to further attack.

B. Litigation in the District Court

1. Discovery

In July 2003, Mr. Santiago filed this pro se section 1983 action in the Southern [754]*754District of Illinois against the defendants. The district court divided the amended complaint into seven counts: Count One against Warden Walls, C.O. Ramage and C.O. Keys for failing to protect Mr. Santiago from the Harris assault; Count Two against Sergeant Suemnicht and C.O. John Doe 1 for using excessive force following the Harris assault; Count Three against C.O. Keys for using excessive force against Mr. Santiago and against Dr. John Doe for failing to provide medical care following the Harris assault; Count Four against Warden Walls for failing to protect Mr. Santiago from Castro; Count Five against Warden Walls for failing to protect Mr. Santiago by moving him into the same cell block as Harris after Mr. Santiago was released from segregation; Count Six against C.O. Jines and C.O. Cox for failing to provide Mr. Santiago with medical treatment following the Castro assault; and Count Seven against Warden Walls and C.O. Keys for retaliating against Mr. Santiago for speaking out against IDOC employees. R.l; R.28.

During the course of litigation, the court dismissed Counts One, Two and Four without prejudice for failing to state a claim upon which relief could be granted. See Fed.R.Civ.P. 12(b)(6). The court also dismissed Captain Ramage, Sergeant Suemnicht, C.O. Rednour and C.O. Butler from the case because they were not named as defendants in the surviving claims.

In 2004 and 2005, Mr. Santiago filed motions in an attempt to conduct discovery. On August 9, 2004, he sought to compel the defendants to disclose discovery materials. Mr. Santiago observed that Warden Walls’s and C.O. Keys’s response contained little of the material that he requested more than four months prior. They claimed that the identities of the witnesses to the Harris and Castro assaults were “not relevant” to the case, and they instructed Mr.

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599 F.3d 749, 2010 U.S. App. LEXIS 6465, 2010 WL 1170654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-walls-ca7-2010.