Gomez v. Randle

• Decision Date: 14 May 2012
• Docket Number: No. 11–2962.,11–2962.
• Citation: 680 F.3d 859
• Parties: Raul C. GOMEZ, Plaintiff–Appellant, v. Michael P. RANDLE, I.D.O.C. Director, et al., Defendants–Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

680 F.3d 859

Raul C. GOMEZ, Plaintiff–Appellant,

v.Michael P. RANDLE, I.D.O.C. Director, et al., Defendants–Appellees.

No. 11–2962.

United States Court of Appeals, Seventh Circuit.

Argued April 3, 2012.

Decided May 14, 2012.

U. Zoya Arora, Kirk Watkins (argued), Attorneys, McDermott, Will & Emery, Chicago, IL, for Plaintiff–Appellant.

Raul C. Gomez, Menard, IL, pro se.

Before BAUER, POSNER, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

In a pro se complaint filed on March 15, 2011, Raul C. Gomez alleged various First and Eighth Amendment violations by the Illinois Department of Corrections (“IDOC”) and Stateville Correctional Center prison officials under 42 U.S.C. § 1983. The district court appointed counsel for Gomez and allowed him to proceed in forma pauperis. Gomez's attorney met with him in person on one occasion and thereafter filed a motion to withdraw as counsel. In that motion, the attorney stated his belief that Gomez's claims were either barred by the statute of limitations or not warranted under existing law. The district court, largely relying on counsel's affirmations, granted the motion to withdraw and dismissed Gomez's case. Because we find that the district court's dismissal was premature as to all but one of the defendants, we affirm in part and reverse in part the judgment of the district court and remand for proceedings consistent with this opinion.

I. Background

Gomez alleges the following facts, which we assume to be true for purposes of this appeal. Marion v. Columbia Corr. Inst., 559 F.3d 693, 694 (7th Cir.2009). Gomez was an inmate at Stateville Correctional Center on May 16, 2009, when he was wounded in the right upper arm by one of the pellets fired from a 12–gauge shotgun. On that day at approximately 9:45 a.m., as Gomez waited in front of his cell (# 922) to be keyed in by Corrections Officer Dunlap, a fight broke out between two unarmed inmates by the staircase near cell # 926. Sergeant Palmer and Officer Dunlap attempted to break up the fight. During this effort, an unknown corrections officer with a 12–gauge shotgun fired two shots from the catwalk into the inmate population. Gomez, his cellmate, and an inmate in # 923 were hit by pellets from these two shots.

After the fight was contained, Palmer and Dunlap keyed the inmates back into their cells. Gomez showed his wound, which was bruised and bleeding, to Dunlap, who assured Gomez he would get someone to look at his arm. Dunlap returned approximately five minutes later with an unknown medical technician. The medical technician wanted to treat Gomez in the health care unit but Dunlap refused to move Gomez because the prison was on lockdown. Instead, Gomez asked the medical technician if he could be treated in his cell and she responded that she would bring him some medical supplies. The medical technician never returned with these supplies.

At approximately 2:00 p.m. that same day, Gomez saw Palmer and again requested medical supplies. Palmer believed the medical technician had already provided those supplies to Gomez, but agreed to call the medical staff again. At 5:36 p.m., the same unknown medical technician was passing out medications to inmates when she passed Gomez's cell. Gomez asked about his medical supplies and she responded that he would be okay. According to Gomez's grievance, which was attached to his complaint, the medical technician told Gomez she wanted to help him but she was told by staff security not to document any medical treatment for gunshot wounds for any of the inmates. Gomez requested her name but she merely laughed and walked away mumbling.

Realizing that no medical supplies were on their way, Gomez took it upon himself to wash his wound and excise a small smashed piece of metal from his arm. He then wrapped his wound with a torn piece of his bed sheet. Gomez asserts that he was still in pain and bleeding at this time, so he wrote an emergency grievance to the warden.

Four days later, Gomez was treated in the health care unit. His wound was photographed, cleaned, and bandaged. Gomez also received a tetanus shot. The doctor who treated Gomez expressed concern that Gomez was not brought to the health care unit the day of his injury to prevent infection. Gomez's arm was x-rayed two days later.

A couple of weeks after receiving medical treatment, Gomez believes IDOC Director Michael P. Randle sent an internal affairs (“IA”) investigator to meet with Gomez and intimidate him into dropping his grievance. The investigator searched Gomez's cell and took the shirt Gomez was wearing on the day of his injury. The investigator later returned to Gomez's cell and stated there was no proof that the hole in his shirt was caused by a shotgun pellet. He then threatened to put Gomez in segregation or have him transferred to Menard Correctional Center, where Gomez had known enemies. The investigator also asked Gomez to agree to a polygraph examination, but Gomez refused unless the medical technician and Dunlap agreed to take one as well.

Gomez was placed on transfer to Menard Correctional Center. The day prior to his scheduled transfer, Gomez told a different IA investigator named Turner that he would not pursue his grievance or file a lawsuit if he was allowed to stay at Stateville. Turner told him it was “too late.” Gomez was transferred to Menard and is currently incarcerated there.

Gomez's emergency grievance was first addressed on May 21, 2009, by the warden, who determined that Gomez's condition was not an emergency because he had already been treated. Accordingly, the grievance counselor responded to Gomez's grievance on June 8, 2009, noting, “As stated by the Warden below, you have been treated by the health care unit and IA will follow up. There is no justification for any monetary compensation.” (Compl. at 11.) On July 9, 2009, Grievance Officer Margaret Thompson reviewed Gomez's grievance and recommended that it be denied. This decision was approved by the Chief Administrative Officer on July 13, 2009. Gomez lacks additional documentation beyond this date because at some point he was transferred to Pontiac Correctional Center on segregation status for an unrelated incident and prison officials lost his correspondence box. He asserts that he wrote to the Administrative Review Board twice requesting a copy of their response but did not receive it.

Gomez filed suit on March 15, 2011, against IDOC Director Randle, Sergeant Palmer, Corrections Officer Dunlap, and three unknown defendants. These unknown defendants include the Stateville warden, the medical technician, and the corrections officer who fired at the inmates from the catwalk. Gomez's complaint, construed liberally, asserts claims under 42 U.S.C. § 1983 for excessive force, deliberate indifference, and retaliation in violation of the First and Eighth Amendments. Gomez requested compensatory and punitive damages from each defendant, as well as legal costs, termination, and any additional relief deemed proper by the district court. Gomez also applied for leave to proceed in forma pauperis and requested legal counsel.

On March 22, 2011, the district court appointed William A. Barnett, Jr., to represent Gomez. A status hearing was held on May 10, 2011. On August 8, 2011, Barnett filed a motion to withdraw as Gomez's attorney. In that motion, Barnett stated that he had withdrawn from the active practice of law and would withdraw from the trial bar of the district court once relieved of his appointment as Gomez's attorney. Barnett also asserted that he interviewed Gomez in person, reviewed the case law under 42 U.S.C. § 1983, and believed that “Plaintiff's claims are not warranted under existing law and cannot be supported by good faith argument for extension, modification or reversal of existing law.” (Mot. to Withdraw at 2.) Specifically, Barnett reported to the court:

Plaintiff was injured by the negligent action of a correctional officer who has not been identified. He removed the pellet himself shortly thereafter. He was not given immediate medical attention by the unidentified medical technician on the cell block at the time, but he was in fact treated several days later, and has not suffered any significant aggravation of the initial wound which has since healed. None of the named defendants appear to have had any involvement in his injuries.

The statute of limitations ran on May 16, 2011. Neither counsel nor Plaintiff were able to identify either the correctional officer who fired the shotgun or the medical technician who failed to treat him initially prior to May 16, 2011. Accordingly, there does not appear to remain any defendant who can be found liable for Plaintiff's injury.

Id. The following day, the district court granted the motion to withdraw and dismissed Gomez's complaint. In doing so, the district court quoted four paragraphs of Barnett's motion, noted that under these circumstances Gomez could not meet the standards established by Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and held, “All of that being the case, attorney Barnett's motion to withdraw is granted. Gomez does not have a viable Section 1983 claim, and this action is dismissed.” (Mem. Order at 2–3.) Gomez timely appealed.

II. Analysis

We review de novo a district court's dismissal of a prisoner's complaint during the screening process conducted under 28 U.S.C. § 1915A. Ortiz v. Downey, 561 F.3d 664, 669 (7th Cir.2009). Applying the same standard used for Rule 12(b)(6) dismissals, we construe the complaint in a light most favorable to Gomez and accept all wellpled factual allegations as true. Arnett v. Webster, 658 F.3d 742, 751 (7th Cir.2011). Gomez's complaint asserts three claims for relief and we address each one in turn.

A. Excessive Force

Gomez's first claim alleges that the unidentified corrections officer who fired two rounds from a shotgun into the inmate population used excessive force in violation of the Eighth Amendment's...