Carpenter v Clayton

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3-17-2015 Illinois:

Carpenter v Clayton

Plaintiff proceeds pro se on this civil rights case regarding Plaintiff's access to mental health treatment and sex offender treatment at the Rushville Treatment and Detention Center. His claims are: (1) Defendants refused or delayed in providing sex offender treatment to Plaintiff after he consented to that treatment; (2) Defendants refused to assign Plaintiff a therapist; and, (3) Defendants failed to have an adequate procedure for Plaintiff to obtain help during a mental health crisis Plaintiff allegedly experienced when a resident on his unit committed suicide. (Judge Myerscough's 2/29/13 order, d/e 7.) The defendants are involved in Plaintiff's mental health treatment. This case is not about retaliation against Plaintiff for Plaintiff's exercise of his First Amendment rights: that claim proceeds in another pending case before Judge Myerscough. Carpenter v. Clayton, et al., 13-CV-3073.

This case is now at the summary judgment stage, before this Court by the consent of the parties. After careful consideration of the parties' submissions, the Court concludes that Defendants' motion for summary judgment must be granted on all claims except the Plaintiff's claim about his delay in access to sex offender treatment after he consented to that treatment in September of 2011. The Court needs more information to make a determination on that claim. Accordingly, Defendants will be directed to file a supplemental motion for summary judgment.

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IT IS ORDERED:

(1) Defendants' motion for summary judgment is granted in part and denied in part (85). Summary judgment is denied, with leave to renew, on Plaintiff's claim about a delay in access to sex offender treatment after he consented to that treatment on September 19, 2011. Defendants' motion for summary judgment is otherwise granted.

(2) By April 30, 2015, Defendants shall file a supplemental motion for summary judgment on the remaining claim.

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