Cook v. Illinois Department of Corrections
Filing
74
ORDER DENYING 66 Motion for Summary Judgment filed by Defendant Illinois Department of Corrections. Signed by Judge Nancy J. Rosenstengel on 1/4/2018. (mlp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE COOK,
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Plaintiff,
vs.
ILLINOIS DEPARTMENT OF
CORRECTIONS and JOHN DOE,
Defendants.
Case No. 3:15-cv-83-NJR-DGW
MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff Dwayne Cook filed an amended complaint in this action on July 12, 2016,
alleging claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act,
and the Eighth Amendment (Doc. 49). Defendant Illinois Department of Corrections
(IDOC) has filed a Motion for Summary Judgment arguing that Cook cannot provide
evidence to support any of his claims (Doc. 68). For the reasons set forth below, the
Motion for Summary Judgment is denied.
BACKGROUND
Plaintiff Dwayne Cook was previously incarcerated in the IDOC as a result of
several driving-related convictions (Doc. 7, p. 1). When his criminal sentences were
imposed, the trial judge included an order that Cook was to receive addiction services
while incarcerated (Doc. 1, pp. 5, 8-9). It is undisputed that, prior to filing this action,
Cook was twice approved for transfer to facilities that provided addiction treatment
programs, but both times his transfer was cancelled because the facilities were not ADA
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compliant (Doc. 68-1, p. 12; Doc. 68-3, p. 2). Cook is confined to a wheelchair, which he
uses for all of his mobility (Doc. 49, p. 2).
Only two IDOC facilities contain ADA accessible drug treatment programs
(Doc. 68-6, p. 2). During the time Cook was incarcerated, the IDOC had four to five
wheelchair-accessible cells in the treatment program at Taylorville Correctional Center,
and one wheelchair-accessible cell in the treatment program at Big Muddy Correctional
Center. (Doc. 68-6, pp. 2-3). A few weeks after filing this lawsuit, Cook again was
approved and eventually transferred to Big Muddy (Doc. 68-1, p. 30).
It is undisputed that Cook received no substance abuse treatment either before his
transfer to Big Muddy (Doc. 68-1, p. 30) or for a year after his transfer (see Doc. 67-1,
p. 20). It is also undisputed that, contrary to IDOC policy, Cook had less than six months
remaining on his sentence when he was finally placed in the substance abuse program at
Big Muddy (Doc. 68-1, p. 18). While IDOC records indicate he completed a nine-month
substance abuse program, Cook’s counselor admitted in her deposition that Cook only
received about four months of treatment (Doc. 67-1, p. 25). Further, the counselor
admitted that had Cook not been released from custody, she would have recommended
he remain in the substance abuse program (Id.).
LEGAL STANDARD
Summary judgment is proper only where the moving party can demonstrate no
genuine issue of material fact exists and the movant is entitled to judgment as a matter of
law. FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Ruffin-Thompkins
v. Experian Information Solutions, Inc., 422 F.3d 603, 607 (7th Cir. 2005). All facts and
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reasonable inferences must be construed in favor of the non-moving party. Blow v. Bijora,
Inc., 855 F.3d 793, 797 (7th Cir. 2017) (citing Calumet River Fleeting, Inc. v. Int’l Union of
Operating Eng’rs, Local 150, AFL-CIO, 824 F.3d 645, 647-48 (7th Cir. 2016)).
After a properly supported motion for summary judgment is made, the adverse
party “must set forth specific facts showing that there is a genuine issue for
trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986) (quoting FED. R. CIV. P.
56(e)(2)). A fact is material if it is outcome determinative under applicable
law. Anderson, 477 U.S. at 248; Ballance v. City of Springfield, Ill. Police Dep't, 424 F.3d 614,
616 (7th Cir. 2005). A genuine issue of material fact exists if “the evidence is such that a
reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at
248. “A mere scintilla of evidence in support of the non-movant’s petition is insufficient;
a party will be successful in opposing summary judgment only when it presents definite,
competent evidence to rebut the motion.” Albiero v. City of Kankakee, 246 F.3d 927, 931–32
(7th Cir. 2001) (rev’d on other grounds).
The Seventh Circuit has stated that summary judgment is “the put up or shut up
moment in a lawsuit, when a party must show what evidence it has that would convince
a trier of fact to accept its version of the events.” Steen v. Myers, 486 F.3d 1017, 1022 (7th
Cir. 2007) (quoting Hammel v. Eau Galle Cheese Factory, 407 F.3d 852, 859 (7th Cir. 2005)
(other citations omitted)). The judge’s role at summary judgment, however, is not to
weigh the evidence or assess the facts, but to determine whether there is a genuine issue
for trial. Id. at 259. Credibility determinations, weighing of evidence, and drawing of
reasonable inferences from the facts are left to the jury. Anderson, 477 U.S. at 250.
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DISCUSSION
A.
ADA Claim
A plaintiff will make out a prima facie case of discrimination under both the ADA
and the Rehabilitation Act 1 by showing he: (1) suffers from a disability as defined in the
statutes, (2) is qualified to participate in the program in question, and (3) was either
excluded from participating in or denied the benefit of that program based on a
disability. Novak v. Bd. of Trustees of S. Ill. Univ., 77 F.3d 966, 974 (7th Cir. 2015) (citing
Jackson v. City of Chicago, 414 F.3d 806, 810 (7th Cir. 2005)).
Here, it is undisputed that Cook is disabled—both as a person who uses a
wheelchair for mobility and as an alcoholic (Doc. 67, p. 4). Thus, the first element of the
prima facie case is met. While the IDOC makes much out of the fact that correctional
facilities are not constitutionally required to provide drug treatment programs (Doc. 67,
pp. 4-5), it admits that inmates cannot be subject to discrimination for those programs it
chooses to provide (Doc. 67, p. 6). Further, the IDOC repeatedly approved and
ultimately placed Cook in a treatment program (Doc. 67, p. 5). Thus, the Court finds that
Cook was qualified to participate in the addiction treatment programs it provides. The
only element at issue, then, is whether Cook was excluded from participating in or
denied the benefit of an addiction treatment program because of his disability.
Title II of the ADA states that “no qualified individual with a disability shall, by
reason of such disability, be excluded from participation in or be denied the benefits of
1
ADA and Rehabilitation Act claims can be analyzed together because the elements of both claims are the
same, except that the Rehabilitation Act has an additional element of requiring receipt of federal funds.
29 U.S.C. § 794(a); Jaros v. Ill. Dep’t of Corr., 684 F.3d 667, 671-72 (7th Cir. 2012). Illinois accepts federal funds
to help run its prisons, so that additional element is met here. See id.
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the services, programs or activities of a public entity, or be subjected to discrimination by
any such entity.” 42 U.S.C. § 12132. Failure to make reasonable accommodations to
ensure participation in the public entity’s programs or services by a person with a
disability qualifies as “discrimination.” 42 U.S.C. § 12112(b)(5)(A); Wisc. Cmty. Servs., Inc.
v. City of Milwaukee, 465 F.3d 737, 753 (7th Cir. 2006).
The IDOC alleges it provided reasonable accommodations because Cook was
ultimately able to participate in and graduate from a substance abuse program at Big
Muddy (Doc. 67, p. 7). In Jaros v. IDOC, however, the Seventh Circuit found the inability
of the disabled inmate to access prison services on the same basis as non-disabled inmates
meant the prison had failed to provide a reasonable accommodation. Jaros v. IDOC, 684
F.3d 667, 672 (7th Cir. 2012).
Here, material issues of fact exist upon which a jury could find the
accommodation provided by the IDOC was not reasonable. The IDOC admits Cook was
not allowed to participate in drug treatment programs in at least two facilities because of
his disability (Doc. 67, p. 5). When he was finally transferred, Cook was sent to Big
Muddy—a facility that had only one wheelchair-accessible cell in the treatment program
wing (Doc. 67, p. 7; Doc. 68-6, pp. 2-3). As a result, treatment was not available to Cook
until four months before he was paroled (Doc. 49, p. 3; Doc. 67-1, p. 3). This appears
contrary to the IDOC’s policy requiring an inmate entering the program to have six to
ten months left on his sentence (Doc. 68-1, p. 18), presumably because that time is ideal
for completion of the program. Indeed, the manager of the drug treatment program
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testified that Cook’s prognosis at graduation was “guarded” and that “he did have some
more things that he needed to work on.” (Doc. 67-1, p. 26).
Because the IDOC admits Cook only received four months of actual treatment,
and would have remained in the program for longer had he not been released on parole,
a jury could reasonably find the program provided to Cook was substantially shorter
and less comprehensive when compared to non-disabled inmates who are offered the
program. Thus, material issue of fact exists as to whether Cook was excluded from
participating in or denied the benefit of the drug treatment program based on a
disability, making summary judgment is improper.
B.
Availability of Damages
The IDOC next argues it is entitled to summary judgment on Cook’s ADA claim
because Cook cannot show the IDOC’s actions were intentional.2 The Seventh Circuit
has not addressed whether intentional discrimination is required for an award of
compensatory damages in ADA cases. Phipps v. Sheriff of Cook Cnty., 681 F.Supp.2d 899,
918 (N.D. Ill. Feb. 19, 2010). The Court notes, however, that several other circuits require
intentional discrimination. Nieves–Marquez v. Puerto Rico, 353 F.3d 108, 126 (1st Cir.
2003); Delano–Pyle v. Victoria County, Tex., 302 F.3d 567, 574 (5th Cir. 2002); Ferguson v.
City of Phoenix, 157 F.3d 668, 674 (9th Cir. 1998); Powers v. MJB Acquisition Corp., 184 F.3d
1147, 1152–53 (10th Cir. 1999); Wood v. President and Trustees of Spring Hill Coll. in City of
Mobile, 978 F.2d 1214, 1219–20 (11th Cir. 1992). These same courts generally apply a
2
While Cook’s original complaint sought only injunctive relief, his Amended Complaint requested
compensatory damages (Doc. 49, p. 8).
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“deliberate indifference” standard to determine whether the alleged discrimination was
intentional. Id. Deliberate indifference can be inferred where there is a strong likelihood
that pursuit of a policy will result in the violation of a federally protected right. Phipps,
681 F.Supp.2d at 918.
Assuming for the sake of argument that intentional discrimination is required
and that deliberate indifference is the appropriate standard, the Court finds there is
evidence in the record upon which a jury could conclude the IDOC’s actions were
deliberately indifferent. Here, Cook made multiple requests to be transferred to facilities
that would provide him with drug treatment (Doc. 67, p. 5). He was first approved for
those programs, but later rejected because the facilities could not accommodate his
disability (Doc. 68-1, p. 12; Doc. 68-3, p. 2). Thus, it is clear that by July 2014 at the latest,
the IDOC was aware it needed to provide drug treatment to Cook in an ADA-compliant
facility. Nevertheless, it failed to provide drug treatment until almost two years later,
and not until Cook had only four months left on his sentence. A jury could find the
failure to make any accommodations for Cook to receive treatment, even after two years’
worth of requests from Cook, evidence that IDOC was aware of and disregarded a
strong likelihood that Cook’s rights under the ADA would be violated.
Further, although Taylorville 3 had four to five wheelchair accessible cells in its
drug treatment wing, IDOC transferred Cook to Big Muddy, which only had one
3
There is evidence in the record to suggest that Cook was not sent to Taylorville, a facility that could have
provided Cook with access to a full-length treatment program, because he was falsely identified as being
involved in a gang (Doc. 68, p. 8). It is unclear, however, at what point he was found not to have gang
affiliations and whether it was sufficiently early to allow for a transfer to Taylorville. At the very least,
such an ambiguity creates a material issue of fact for the jury.
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wheelchair-accessible cell (Doc. 68-6, pp. 2-3). That cell was not available for almost a
year after the transfer (Doc. 67-1, p. 20). A jury could find the decision to transfer Cook to
Big Muddy rather than Taylorville, where he had a significantly higher likelihood of
getting into one of the wheelchair-accessible cells sooner, was evidence of deliberate
indifference.
Because there is evidence from which a jury could find the IDOC was aware of a
strong likelihood that its actions would result in a violation of Cook’s federally protected
rights, summary judgment is inappropriate.
C.
Physical Injury
Under the Prison Litigation Reform Act (PLRA) § 1997(e), a prisoner cannot bring
a claim for mental injuries unless he has also suffered a physical injury. 42 U.S.C.
§ 1997e(e) (2001). The IDOC argues it is entitled to summary judgment on all claims
because Cook cannot provide “verifiable medical evidence showing he suffered any
physical injury as a result of Defendant’s alleged discrimination.” (Doc. 67, p. 12).
Neither the PLRA nor the Seventh Circuit defines the term “physical injury.”
Rahim v. Sheahan, 2010 WL 1263493, at *9 (N.D. Ill. Oct. 18, 2001). In applying the PLRA,
district courts in the Seventh Circuit have determined that something more than a de
minimus physical injury is necessary, but significant physical injury is not required.
Rahim, 2010 WL 1263493, at *9; Arnold v. Williams, 2010 WL 2697156, at *2 (C.D. Ill. July 7,
2010) (citing Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997)); Lynch v. Flowers Foods
Specialty Grp., 2011 WL 3876951, at *5 (E.D. Wis. Aug. 31, 2011) (citing Hudson v.
McMillian, 503 U.S. 1, 6-8, (1992)). Furthermore, § 1997e(e) does not foreclose an action
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for nominal or punitive damages involving no physical injury. Calhoun v. DeTella, 319
F.3d 936, 938 (7th Cir. 2003) (citing Zehner v. Trigg, 133 F.3d 459, 462–63 (7th Cir.
1997)). Thus, IDOC’s claim that it is entitled to summary judgment because there is no
verifiable medical evidence appears unsupported by current case law.
The Court notes, however, that the evidence of physical injury here is less than
extensive. Cook alleges he was “sick” as a result of not being transferred to drug
treatment (Doc. 68, p. 11; Doc. 67-1, p. 6), felt pain, and suffered from nightmares
(Doc. 67-1, p. 10). Whether such evidence ultimately results in an award of
compensatory damages will likely depend on the credibility of Cook’s testimony, which
must be determined by a jury. Anderson, 477 U.S. at 250. Further, the Court is cognizant
of the fact that the burden for summary judgment rests with the IDOC and all inferences
of fact must be construed in favor of Cook. Blow, 855 F.3d at 797. As a result, the Court
cannot say the IDOC is entitled to judgment as a matter of law. Further, even if Cook is
not successful in obtaining compensatory damages, he may be entitled to nominal
damages, which necessarily forecloses summary judgment.
CONCLUSION
For the reasons set forth above, the Motion for Summary Judgment (Doc. 68) filed
by Defendant Illinois Department of Corrections is DENIED.
IT IS SO ORDERED.
DATED: January 4, 2018
___________________________
NANCY J. ROSENSTENGEL
United States District Judge
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