GHA Attorneys Headed to Trial in Civil Rights Case

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January 12, 2019

On January 11, 2019, the United States District Court for the Southern District of Illinois denied the defendant’s motion for summary judgment against Osbaldo Jose-Nicolas, an inmate at Menard Correctional Center who alleges that the former warden violated his Eighth Amendment right to be free from cruel and unusual punishment.  Mr. Jose-Nicolas is represented by Kevin Green and Peter D’Angelo of Goldenberg Heller & Antognoli, P.C.

The defendant argued that the undisputed facts showed no violation of Mr. Jose-Nicolas’ Eighth Amendment rights.  Mr. Jose-Nicolas responded by outlining numerous undisputed facts and arguing these facts allowed for a finding of an Eighth Amendment violation.  The Court rejected the defendant’s arguments:

“[A] jury could reasonably find that the combination of standing water, bugs, a mattress smelling of urine and feces, lack of cleaning supplies, and excessive heat, created conditions that did not provide the “basics necessities of a civilized life. . . . Here, the evidence is sufficient for a jury to infer Warden Butler knew of the unconstitutional conditions and failed to respond reasonably.”

Read the Magistrate Judge’s Report and Recommendation and the District Judge’s Order Adopting the Report and Recommendation.

Mr. Jose-Nicolas’ jury trial is set to begin on February 19, 2019.

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