Owens v. Godinez

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 15-3892
Decision Date: 
June 20, 2017
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants violated his constitutional rights by failing to provide him with adequate supplies of toothpaste, mail supplies and laundry detergent during his stay at three different prisons. Plaintiff failed to show that defendant Warden was personally aware about plaintiff’s gum disease or otherwise had need for additional toothpaste beyond standard amount given to prisoners. Moreover, plaintiff could not establish viable retaliation claim, where plaintiff conceded that defendants did not give to any inmates plaintiff’s requested postage for non-legal related correspondence. Also, plaintiff’s claim, that Dept. of Corrections was liable for its policies of providing inadequate amounts of toothpaste, mail supplies and laundry detergent, could not be addressed in instant section 1983 complaint, since Dept. was not “person” that could be sued under section 1983.