Automated Summary
Key Facts
On February 23, 2024, inmate Charles Samuel Hartzol, III alleged he swallowed a nail clipper and requested medical attention from Correctional Officer Wilson, which was ignored. The plaintiff informed Correctional Officer Bent about the situation and was placed in Crisis Watch. During this incident, plaintiff alleges he was subjected to excessive force by Correctional Officer Zachary R. Hart and other officers, including being sprayed with mace, physically assaulted, and kicked. Following the assault, plaintiff was left in his cell without water or toilet access for seven days. The Court designated Count 1 (excessive force claim) to proceed against Hart while dismissing Count 2 (conditions of confinement claim) without prejudice.
Issues
- Whether the plaintiff has pled sufficient facts to support an Eighth Amendment conditions of confinement claim against Hart regarding seven days without water or toilet access following the assault. The court found that while adequate toilet facilities are among minimal civilized measures of life's necessities, not being provided a functional sink and toilet in his cell standing alone does not rise to the level of cruel and unusual punishment, and there was no indication Hart was aware conditions posed excessive risk.
- Whether the plaintiff stated a viable Eighth Amendment claim against Correctional Officer Zachary R. Hart for use of excessive force on February 23, 2024. The court found that force applied maliciously to cause harm, as opposed to an effort to maintain or restore discipline, constitutes excessive force in violation of the Eighth Amendment.
Holdings
- The court finds that Plaintiff states a viable Eighth Amendment claim against Correctional Officer Zachary R. Hart for use of excessive force on February 23, 2024, and Count 1 proceeds against Hart.
- The court finds that Plaintiff has failed to plead sufficient facts to support a conditions of confinement claim against Hart, as not being provided a functional sink and toilet in his cell does not rise to the level of cruel and unusual punishment, and Count 2 is dismissed without prejudice.
Remedies
Count 1 (Eighth Amendment excessive force claim) proceeds against Correctional Officer Zachary R. Hart. Count 2 (conditions of confinement claim) is dismissed without prejudice. Clerk directed to prepare and mail Form 5 (Notice of Lawsuit) and Form 6 (Waiver of Service) to defendant's place of employment. Standard qualified protective order entered pursuant to HIPAA. Defendant ordered to file responsive pleading. Plaintiff advised to notify Clerk of address changes within 14 days. If defendant fails to sign Waiver within 30 days, formal service will be effected and defendant must pay full costs.
Legal Principles
The court applied the Eighth Amendment standard for excessive force claims (Hudson v. McMillian) and conditions of confinement claims (Giles v. Godinez, Townsend v. Fuchs), requiring plaintiffs to show objectively serious conditions and deliberate indifference. The Twombly pleading standard was applied to dismiss claims not adequately pled. The court also applied HIPAA's qualified protective order requirements for cases involving physical injury allegations.
Precedent Name
- Wilkins v. Merkle
- Townsend v. Fuchs
- Jaros v. Ill. Dep't of Corr.
- Giles v. Godinez
- Myles v. United States
- Hudson v. McMillian
- Bell Atlantic Corp. v. Twombly
Cited Statute
- Civil Rights Act
- In Forma Pauperis Act
- Federal Rules of Civil Procedure
- Prison Litigation Reform Act
Judge Name
Judge Stephen P. McGlynn
Passage Text
- Not being provided a functional sink and toilet in his cell, standing alone, does not rise to the level of cruel and unusual punishment. See Wilkins v. Merkle, No. 13 C 375, 2015 WL 5544312, at *5 (N.D. Ill. Sept. 15, 2025) ("broken in-cell plumbing, while inconvenient, does not generally rise to the level of a constitutional violation") (collecting cases).
- For the reasons stated above, the First Amended Complaint survives preliminary review pursuant to Section 1915A. COUNT 1 proceeds against Zachary Hart. COUNT 2 is DISMISSED without prejudice.
- Count 1: Eighth Amendment claim against Correctional Officer Hart for use of excessive force on February 23, 2024.