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