Calvin Thomas v. State of Illinois
2012 U.S. App. LEXIS 20231
| 7th Cir. | 2012Background
- Plaintiff sues under 42 U.S.C. § 1983 alleging Eighth Amendment cruel treatment due to prison conditions in Illinois.
- Allegations include mice and cockroaches infestation, missing window pane, and rain entering the cell.
- Warden-level officials allegedly observed the missing pane during a walk-through but failed to fix it.
- District court dismissed on Eleventh Amendment immunity and failure to allege harm; district court found immunity bars suit.
- Seventh Circuit affirms: suit barred by Eleventh Amendment; discusses types of permissible injuries and potential 'hazard' harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment bar | Will immunity lacks applicability; state and agency can be sued under §1983. | States and agencies are not 'persons' under §1983; Eleventh Amendment bars suit. | Eleventh Amendment bars the suit against state and agency. |
| Actionable harm from infestation | Infestation can support Eighth Amendment harm (hazard/psychological/physical). | Only physical injury or explicit health effects trigger §1983 damages; not a mere hazard. | Hazard-based harm potentially actionable; however, suit barred for Eleventh Amendment reasons. |
| Naming individuals vs. state/agency | Individual defendants could avoid immunity defenses. | Suing only the state and agency forecloses action regardless of individuals. | Plaintiff could have avoided bar by naming individuals; suit against state/agency barred. |
Key Cases Cited
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (state sovereign immunity under §1983; agencies not 'persons')
- Quern v. Jordan, 440 U.S. 332 (1979) (no clear intention to abrogate state immunity in §1983)
- Lapides v. Board of Regents, 535 U.S. 613 (2002) (state entities' immunity defense recognized; statutory rather than constitutional)
- Carroll v. DeTella, 255 F.3d 470 (7th Cir. 2001) (Eleventh Amendment/suit against states defenses in §1983)
- Kroll v. Board of Trustees, 934 F.2d 904 (7th Cir. 1991) (statutory vs. constitutional barriers in §1983 suits)
- Calhoun v. DeTella, 319 F.3d 936 (7th Cir. 2003) (physical injury not required for §1983 claim; injunctive/named harms discussed)