APPENDIX B: SAMPLE COMPLAINT
UNITED STATES DISTRICT COURT
NORTHER DISTRICT OF ILLINOIS
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Walter Hey, Mohammed Abdul,
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Plaintiffs,
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-v:
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John Smith, warden Illinois State Prison;
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Dave Thomas, corrections officer at Illinois State Prison, :
individually and in their official capacities,
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Civil Action No.______
COMPLAINT
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Defendants.
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I. JURISDICTION & VENUE
1.
This is a civil action authorized by 42 U.S.C. Section 1983 to redress the deprivation, under color
of state law, of rights secured by the Constitution of the United States. The court has jurisdiction under 28
U.S.C. Section 1331 and 1343 (a)(3). Plaintiff Hey seeks declaratory relief pursuant to 28 U.S.C. Section
2201 and 2202. Plaintiff Hey’s claims for injunctive relief are authorized by 28 U.S.C. Section 2283 &
2284 and Rule 65 of the Federal Rules of Civil Procedure.
2.
The Northern District of Illinois is an appropriate venue under 28 U.S.C. section 1391 (b)(2)
because it is where the events giving rise to this claim occurred.
II. PLAINTIFFS
3.
Plaintiff Walter Hey, is and was at all times mentioned herein a prisoner of the State of Illinois in
the custody of the Illinois Department of Corrections. He is currently confined in Illinois State Prison, in
Colby, Illinois.
4.
Plaintiff Mohammed Abdul is and was at all times mentioned herein a prisoner of the State of
Illinois in the custody of the Illinois Department of Corrections. He is currently confined in Illinois State
Prison, in Colby, Illinois.
III. DEFENDANTS
5.
Defendant John Smith is the Warden of Illinois State Prison. He is legally responsible for the
operation of Illinois State Prison and for the welfare of all the inmates of that prison.
6.
Defendant Dave Thomas is a Correctional Officer of the Illinois Department of Corrections who,
at all times mentioned in this complaint, held the rank of prison guard and was assigned to Illinois State
Prison.
7.
Each defendant is sued individually and in his official capacity. At all times mentioned in this
complaint each defendant acted under the color of state law.
III. FACTS
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8.
At all times relevant to this case, Plaintiffs Walter Hey and Mohammed Abdul shared a cell on
block D.
9.
On June 29, 2009, Defendant Dave Thomas entered Hey and Abdul’s cell to conduct a routine
and scheduled cell search. Upon information and belief, Illinois State prison policy dictated that each cell
be searched once a week for contraband.
10.
Thomas searched Hey and Abdul’s cell in their presence, and did not uncover any contraband.
Indeed, there was no contraband in their cell. After completing the search, Thomas told Hey to walk onto
the range so that he could talk to Abdul alone. Hey asked why. Thomas told him to shut up, and follow
the order.
11.
Hey excited the cell and stood to the right of the cell, on the range. He could see into the cell.
12.
After Hey left, Thomas told Abdul that Hey was a problem prisoner, was in “deep trouble” with
the prison administration, and that if Abdul knew what was good for him, he would tell Thomas what Hey
was up to.
13.
When Abdul refused to say anything to Thomas about Hey, Thomas punched Abdul in the face.
The punch caused Abdul pain. Abdul’s left eye was bruised and swollen for approximately 4 days.
14.
Thomas then got Hey from outside the cell, and told him that if he didn’t abandon the prison
grievance Hey had filed about racist comments Thomas made one week early at Hey’s disciplinary
hearing, he would “do the same” to Hey every single day. That grievance is attached as Exhibit A.
15.
The following day, June 30, 2009, Thomas returned to Hey and Abdul’s cell, and asked Hey if he
had withdrawn the grievance. Hey replied that he had not. Thomas punched him in the right eye, causing
pain and swelling that lasted several days.
16.
That same day, Hey and Abdul both requested sick call, and saw the prison medical tech
regarding the pain they were both experiencing. The tech prescribed aspirin, and noted bruising on their
medical files. Relevant pages of Hey and Abdul’s medical files are attached as Exhibit B.
17.
Later that week, on July 2, 2009, Thomas again returned to Hey and Abdul’s cell and again asked
Hey if he had withdrawn the grievance. Hey said no. Thomas punched him again, this time in the
stomach, again causing pain and bruising. Thomas again stated that he would punch Hey every day until
he withdrew the grievance.
18.
When Thomas opened the cell door to leave Hey and Abdul’s cell, Hey and Abdul saw that
Warden Thomas was outside the cell, looking in. Abdul asked the warden if he had seen what happened,
and what he was going to do about it. Warden Smith responded that “that is how we deal with snitches”
in Illinois State Prison.
19.
The following week, July 4 – 11, Defendant Thomas returned to Plaintiffs’ cell each day, and
each day punched Hey.
IV. EXHAUSTION OF LEGAL REMEDIES
20.
Plaintiff Hey used the prisoner grievance procedure available at Illinois State prison to try and
solve the problem. On June 29, 2009 plaintiff Hey presented the facts relating to this complaint. On June
30, 2009 plaintiff Hey was sent a response saying that the grievance had been denied. On July 1, 2009 he
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appealed the denial of the grievance to the warden. He received no response. Hey’s grievance and appeal
are attached as Exhibit C.
21.
Plaintiff Abdul also used the prisoner grievance procedure available at Illinois State prison to try
and solve the problem. On June 30, 2009 plaintiff Abdul presented the facts relating to this complaint. On
June 30, 2009 plaintiff Abdul was sent a response saying that the grievance had been denied. On July 1,
2009 he appealed the denial of the grievance to the warden. He received no response. Abdul’s grievance
and appeal are attached at Exhibit D.
V. LEGAL CLAIMS
21.
Plaintiffs reallege and incorporate by reference paragraphs 1-22.
23.
Defendant Thomas used excessive force against Plaintiff Abdul by punching him in the face
when Abdul was not violating any prison rule, and was not acting disruptively. Defendant Thomas’s
action violated Plaintiff Abdul’s rights under the Eighth Amendment to the United States Constitution,
and caused Plaintiff Abdul pain, suffering, physical injury and emotional distress.
24.
Defendant Thomas used and continues to use excessive force against Plaintiff Hey by punching
him in the face repeatedly when Hey is not violating any prison rule, nor acting disruptively in any way.
Defendant Thomas’s action violated and continues to violate Plaintiff Hey’s rights under the Eighth
Amendment to the United States Constitution, and is causing Plaintiff Hey, pain, suffering, physical
injury and emotional distress.
24.
By witnessing Defendant Thomas’s illegal action, failing to correct that misconduct, and
encouraging the continuation of the misconduct, Defendant Smith is also violating Plaintiff Hey’s rights
under the Eighth Amendment to the United States Constitution and causing Plaintiff Hey pain, suffering,
physical injury and emotional distress.
25.
By threatening Plaintiff Hey with physical violence for exercise of his right to seek redress from
the prison through use of the prison grievance system, Defendant Thomas is retaliating against Plaintiff
Hey unlawfully, in violation of Plaintiff Hey’s rights under the First Amendment to the United States
Constitution. These illegal actions are causing Plaintiff Hey injury to his First Amendment rights.
26.
Plaintiff Hey has no plain, adequate or complete remedy at law to redress the wrongs described
herein. Plaintiff has been and will continue to be irreparably injured by the conduct of the defendants
unless this court grants the declaratory and injunctive relief which plaintiff seeks.
VI. PRAYER FOR RELIEF
WHEREFORE, plaintiffs respectfully pray that this court enter judgment:
15.
Granting Plaintiff Hey a declaration that the acts and omissions described herein violate his rights
under the Constitution and laws of the United States, and
16.
A preliminary and permanent injunction ordering defendants Thomas and Smith to cease their
physical violence and threats toward Plaintiff Hey, and
17.
Granting Plaintiff Hey compensatory damages in the amount of $50,000 against each defendant,
jointly and severally.
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18.
Plaintiff Abdul seeks compensatory damages of $5,000 against defendant Thomas only.
18.
Both plaintiffs seek punitive damages in the amount of $50,000. Plaintiff Hey seeks these
damages against each defendant, jointly and severally. Plaintiff Abdul seeks damages only against
defendant Thomas.
25.
Plaintiffs also seek a jury trial on all issues triable by jury,
26.
Plaintiffs also seek recovery of their costs in this suit, and
27.
Any additional relief this court deems just, proper, and equitable.
Dated: July 13, 2009
Respectfully submitted,
Mohammed Abdul
#56743
Illinois State Prison,
PO Box 50000
Colby, IL
Walter Hey
#58210
Illinois State Prison,
PO Box 50000
Colby, IL
VERIFICATION
I have read the foregoing complaint and hereby verify that the matters alleged therein are true,
except as to matters alleged on information and belief, and, as to those, I believe them to be true. I certify
under penalty of perjury that the foregoing is true and correct.
Executed at Colby, Illinois on July 13, 2009
Mohammed Abdul,
Mohammed Abdul
Walter Hey
Walter Hey
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