searches and pod shakedowns conducted in each housing unit during the shift. (Ex. D at §{12-
13).
32, The shift roster for April 24, 2011 shows that no pod shakedowns occurred during

any of the three shifts on that date. (Ex. D at 415 and D-5).

33. The shift roster for June 19, 2011 shows that Zolecki was not on duty and that no

pod shakedowns occurred during any of the three shifts on that date, (/d.).

Respectfully submitted,

ERT/CORRECTIONAL OFFICER ZOLECKI

s/ Martin W. McManaman
Attorney for Defendant

Martin W. McManaman
Patrick R. Moran
LOWIS & GELLEN LLP
200 West Adams Street
Suite 1900

Chicago, Illinois 60606
(312) 364-2500


contains anything indicating that Plaintiff told the jail doctor that his left shoulder was hurting,
let alone that his shoulder hurt because an ERT pushed him against the wall. (/d.).

26. On May 18, 2011, Plaintiff told a nurse that he was having pain in his left
shoulder. The nurse attempted to determine what brought about his current condition and
Plaintiff told the nurse that there was no specific event or injury. Instead, Plaintiff told the nurse
that he always sleeps on his left side. (Ex. D-3 at CCS 192).

27. On August 23, 2011, Plaintiff saw a nurse for his shoulder again. The nurse
attempted to determine what brought about his current condition and Plaintiff told the nurse that
he believed the shoulder pain was the result of excessive exercise. Plaintiff also told the nurse
there was no specific event where he was injured. (Ex. D-3 at CCS 45-46),

28. Each housing unit in the jail has a log book, known as the housing log, that shows
all of the activity occurring in that housing unit during a given shift. The housing log is
generated on a daily basis over the course of a shift by the officer or officers who are assigned to
that housing unit. Among other things, the housing log shows each person who enters or exits a
housing unit during a shift. (Ex. D at §§8-9 and D-4).

29. The B Pod housing log for April 24, 2011 contains no entry indicating that
Zolecki entered that housing unit. (Ex. D at {11 and D-4).

30. The B Pod housing log for June 19, 2011 contains no entry indicating that Zolecki
entered that housing unit. (/d.).

31. The Sheriffs Office also keeps a shift roster for each shift that shows that names
and assignments for all of the security personnel who work on a given shift. The shift roster is
prepared by the watch commander for a given shift. The shift roster also shows the number of

inmates in each housing unit at the beginning and end of the shift, as well as the number of cell


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ROBERT GOLDSMITH
Plaintiff,
No: 12 C 3965
Vv.

ERT/CORRECTIONAL OFFICER ZOLECKI,

Defendant.

we SSS YS

DEFENDANT’S LOCAL RULE 56.1(a)(3)
STATEMENT OF MATERIAL FACTS

Defendant Zolecki, through his undersigned attorneys and pursuant to Local Rule
56.1(a)(3), submits the following statement of material facts in support of his motion for
summary judgment.

1. Plaintiff asserts a Section 1983 claim alleging that Zolecki used excessive force
against him. This Court has jurisdiction over that claim pursuant to 28 U.S.C. §1331, and venue
is proper in this District. (See Complaint, attached as Exhibit A),

2. On March 8, 2011, Plaintiff was admitted to the Will County jail as an inmate and
has remained incarcerated at the jail to the present time. (Deposition of Plaintiff, 12:23 — 13:4,
attached as Exhibit B).

3. Zolecki is a correctional officer with the Will County Sheriffs Office and is a
member of the Emergency Response Team at the Will County jail. (Ex. A, p. 4).

4. As a member of the Emergency Response Team (“ERT”), Zolecki was not posted
in B Pod or any particular housing unit, but would enter B Pod from time to time. (Ex. B, 6:20 ~
7:2).

5. According to Plaintiff, Zolecki came into his jail cell and injured Plaintiff's left


shoulder by throwing him into the wall. (Ex. B, 23:22 ~ 24:24).

6. In his complaint, Plaintiff alleged that the incident occurred on Father’s Day,
2011. (Ex. A, p. 4).

7. At his deposition, Plaintiff testified that he cannot recall whether the incident
occurred on Easter or on Father’s Day, but he knows it occurred on one of those two holidays in
2011. (Ex. B, 19:13-23).

8. In 2011, Easter was on April 24 and Father’s Day was on June 19. (Printout of
2011 calendar, attached as Exhibit C).

9. According to Plaintiff, Zolecki came into his cell in order to conduct an inspection
known as a “shakedown.” (Ex. B, 21:2-6).

10. A shakedown is where several officers simultaneously conduct unannounced
searches of multiple cells within a housing unit. (Ex. B, 22:23 — 23:18; 29:4-9),

ll. Plaintiffs cell was in a housing unit known as B Pod, and he was housed in cell
B-14. (Ex. B, 20:3-20).

12. Aside from Plaintiff and Zolecki, no one else was in the cell and no one else saw
Zolecki throw Plaintiff into the wall. (Ex. B, 28:17-22).

13. The Will County jail has a grievance procedure for inmate complaints including
complaints about misconduct or mistreatment by correctional officers. (Ex. B, 38:10 — 39:1;
Excerpt from Inmate Handbook, attached as Exhibit D-1).

14. Inmates submit grievances in writing by using a pre-printed form entitled Inmate
Request Form (Form #22). The form consists of three colored sheets and writing placed on the
top sheet is carbon copied to the sheets below. (Ex. B, 53:14 ~ 55:9; Inmate Request Form

attached as Exhibit E).


15. The top sheet is pink and the inmate is supposed to detach and keep the pink sheet
when submitting a grievance. (Ex. B, 55:14-24; Ex. E).

16. An inmate submits a grievance by placing it in a tray on the pod officer’s desk
which is located in the common area of the inmate’s housing unit. (Ex. B, 37:14-23).

17. After an inmate submits a grievance, the white sheet is detached and kept in the
inmate’s classification file. (Affidavit of C. Miller at §3, attached as Exhibit D).

18. Plaintiff states that he submitted a grievance complaining about Zolecki within a
day or two after being thrown into the wall. (Ex. B, 37:11-13).

19, Plaintiff does not have a copy of that grievance. (Ex. B, 63:15-18).

20. Plaintiff believes that he may have forgotten to detach the top sheet when he
submitted the grievance or that he may have lost his copy at some point thereafter. (Ex. B, 54:2-
7; 56:11-15).

21. Plaintiff's classification file contains copies of 81 grievances that he submitted
between March 8, 2011 and May 30, 2012. (Ex. D at §4 and D-2).

22. Plaintiff's classification file contains no grievance about being thrown against the
wall by Zolecki or any other officer. (Ex, D at 95).

23. At his deposition, Plaintiff testified that one to two months after the incident, he
told the jail doctor that his shoulder hurt because an ERT pushed him against the wall. (Ex. B,
33:11 — 34:4).

24. The medical file for Plaintiff contains records showing that Plaintiff saw the jail
doctor on: May 30, 2011, June 14, 2011, July 22, 2011, August 12, 2011, October 13, 2011, and
November 13, 2011. (Ex. D at J7 and D-3).

25. None of the records for any of those six separate visits with the jail doctor