Steward v. Hoffman et al

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATION, DENYING 33 MOTION for Summary Judgment filed by Lieutenant Hubler, Lieutenant Hoffman. Signed by Judge Michael J. Reagan on 4/23/2012. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIE M. STEWARD, #K60654,
Plaintiff,
vs.
LIEUTENANT HOFFMAN, and
LIEUTENANT HUBLER,
Defendants.

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Case No. 10-cv-768-MJR-SCW

MEMORANDUM AND ORDER
REAGAN, District Judge:
Before the Court is Defendants Lt. Hoffman and Lt. Hubler’s motion for summary
judgment (Doc. 33), and the Report and Recommendation of U.S. Magistrate Judge Stephen C.
Williams, recommending that the motion be denied (Doc. 44).
In October 2010, Plaintiff Willie M. Steward filed suit pursuant to 42 U.S.C. '
1983, alleging deprivations of his constitutional rights by personnel at Pinckneyville Correctional
Center.

Steward sought and was granted leave to proceed in forma pauperis.
Following the Court’s threshold review in February 2011, the only claims that

proceeded were an Eighth Amendment “excessive force” claims against Defendants Hoffman
and Hubler. Plaintiff Steward alleges that on December 8, 2009, he was found lying in his cell,
face down and unresponsive. A team of guards and medical personnel responded and evaluated
Steward, essentially concluding that he was faking an illness. Steward was written a disciplinary
ticket for providing false information and, as a consequence, was removed from his cell and taken
to segregation. Defendants Hoffman and Hubler were the correctional officers who walked
Steward to segregation. Steward alleges, principally, that once out of his cell, Hoffman and
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Hubler became aggressive and walked him aggressively to segregation with his head down and
arms bent upward. Steward maintains that Hoffman and Hubler used his head to ram open a gate
causing bruising to his shoulder, which also bled, and knots to the top of his head.
Hoffman and Hubler moved for summary judgment on January 19, 2012, on the
theory that they only used the amount of force necessary to maintain or restore discipline in
reaction to Steward’s agitated and combative behavior. Defendants further argue that, under the
circumstances alleged, they are entitled to qualified immunity because liability would be
unprecedented. Steward filed a lengthy response, asserting that there are material questions of
fact that preclude summary judgment (Doc. 42). Magistrate Judge Williams submitted a detailed
Report (Doc. 44).

Judge Williams has concluded that there are material questions of fact that

preclude summary judgment, and that Defendants are not entitled to qualified immunity at this
juncture because, viewing the facts in the light most favorable to Steward, the factual scenario
falls within the ambit of long-standing precedents for Eighth Amendment liability. See Hill v.
Shelander, 992 F.2d 714, 718 (7th Cir. 1993).

Judge Williams recommends that the motion for

summary judgment be denied, which would conclude this case.
The Report contained a notice advising the parties of their right to challenge
Judge Williams= findings and conclusions by filing Aobjections@ within 14 days (Doc. 44-1). To
date, no objections have been filed by the parties, no extension of the deadline was sought, and
the period in which such objections may be filed has expired.

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Therefore, pursuant to 28 U.S.C. ' 636(b), this Court need not conduct de novo
review.

Thomas v. Arn, 474 U.S. 140, 149-52 (1985); Video Views Inc., v. Studio 21, Ltd.,

797 F.2d 538 (7th Cir. 1986).

Having reviewed the motion and the Report and

Recommendation, the Court concurs with Judge Williams= findings, analysis and conclusions.
Accordingly, the undersigned District Judge: (1) ADOPTS Judge Williams= Report and
Recommendation (Doc. 44); and (2) DENIES Defendants Hoffman and Hubler’s motion for
summary judgment (Doc. 33).
The Eighth Amendment “excessive force” claim against Defendants Hoffman and
Hubler shall proceed to trial.
IT IS SO ORDERED.
DATE: April 23, 2012
s/ Michael J. Reagan
United States District Judge
Southern District of Illinois

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