Moore v. Western Illinois Correctional Center

Dist. Ct. did not err in granting defendants- prison center and prison officials’ motion for summary judgment in deceased plaintiff’s section 1983 and Americans with Disabilities’ actions, alleging that: (1) defendant prison guard failed to protect plaintiff from attack by another prisoner where inmate blinded plaintiff in one eye; and (2) prison officials failed to accommodate plaintiff’s blindness in one eye by moving plaintiff closer to healthcare center for treatment. With regard to plaintiff’s failure to protect claim, plaintiff failed to establish that defendant-guard was aware of risk that other inmate posed to plaintiff prior to instant attack, and record showed that plaintiff had complained to guard only about horseplay incidents involving other inmate and never expressed fear for his safety. Fact that inmate had prior disciplinary history did not require different result. As to plaintiff’s ADA claim, plaintiff failed to establish any intentional discrimination on part of defendants, where record showed that plaintiff had not alerted defendants regarding difficulties about access to healthcare facilities or need for any accommodation. Plaintiff also conceded that he was able to go anywhere in prison facility and was able to access any prison program.