Houck v. USA et al

Filing 86

CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 3/5/2020. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH HOUCK,
Plaintiff,
v.

Case No. 16-cv-1396-JPG

UNITED STATES OF AMERICA, MAUREEN
BAIRD, SLOOP, FEDERAL BUREAU OF
PRISONS, A. MARQUEZ, J.M. POWERS, C/O
JOHN DOE 1, C/O JOHN DOE 2, C/O LANG, C/O
WOOLRIDGE, DR. COOK, J. WEBER, LT.
BROOKS, LT. JOHN DOE 1, LT. JOHN DOE 2, LT.
MASH, LT. McMILLON, LT. DELOIA, MR.
MEADE, MS. CASTELLANO, MS. G. CREWS and
SIS LT. JOHN DOE,
Defendants.
JUDGMENT
This matter having come before the Court, the issues having been heard, and the Court
having rendered a decision,
IT IS HEREBY ORDERED AND ADJUDGED that the following claims are dismissed
with prejudice:
•

All claims against defendant Federal Bureau of Prisons;

•

Count 1, a claim based on the Fifth Amendment Due Process right to equal protection
(identified in the Complaint as Counts 1, 5, 6, and 8) against Weber and Cook for including
improper information in Plaintiff’s Correctional Management Plan that singled him out for
differential treatment based on his status as a homosexual person, and against Lang, Deloia,
C/O John Doe #1, C/O John Doe #2, Meade, and Castellano for restricting his access to
publications and other materials that heterosexual inmates are allowed, based on the
Correctional Management Plan;

•

Count 4, a First Amendment claim for violation the right to free speech and association
(identified in the Complaint as Count 4) against Weber, Lang, Deloia, Meade, Cook, and
Castellano, for preventing Plaintiff from writing to or soliciting correspondence with pen
pals, possessing certain photographs, or accessing certain written material;

•

•

2
Count 5, a Federal Tort Claims Act claim for defamation (identified in the Complaint as
Count 3) against the United States, for placing false and slanderous comments into
Plaintiff’s Sex-Offender Management Program records; and
Count 6, a claim under the Privacy Act (5 U.S.C. § 552a(e)(5)) (identified in the Complaint
as Count 9) against Powers, for intentionally including false information in Plaintiff’s SexOffender Management Program records; and
IT IS FURTHER ORDERED AND ADJUDGES that the following claims are dismissed

without prejudice:
•

All claims against Maureen Baird, Sloop, A. Marquez, C/O Woolridge, Lt. Brooks, Lt. John
Doe #1, Lt John Doe #2, Lt. Mash, Lt. McMillon, Ms. G. Crews, and SIS Lt. John Doe;

•

Count 2, a First Amendment retaliation claim (identified in the Complaint as Count 2);

•

Count 3, a claim for denial of access to the courts (included in the claim identified in the
Complaint as Count 8), against Meade for reporting his inter-library loan requests to the
Sex-Offender Management Program staff, and for the denial of his request for state tort law
information;

•

Count 4, a First Amendment claim for violations of the right to free speech and association
(identified in the Complaint as Count 4) against C/O John Doe #1 and C/O John Doe #2;

•

Count 7, a Federal Tort Claims Act claim for official misconduct (identified in the
Complaint as Count 12) against the United States;

•

Count 8, a Federal Tort Claims Act claim for aiding and abetting, and conspiracy (identified
in the Complaint as Count 18) against the United States; and

•

Count 9, a Federal Tort Claims Act claim for intentional infliction of emotional distress
(identified in the Complaint as Count 19) against the United States.

The remaining claims in Houck’s complaint were severed into a different case.
DATED: March 5, 2020

MARGARET M. ROBERTIE, Clerk of Court
s/Tina Gray, Deputy Clerk

Approved:

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE