Steven Lisle, Jr. v. William Welborn
933 F.3d 705
| 7th Cir. | 2019Background
- In 2014 Menard Correctional Facility officers found contraband alcohol in Steven Lisle’s cell; his white cellmate initially took responsibility then recanted outside Lisle’s presence, alleging abuse by Lisle. Lisle asked multiple times that Lieutenant Samuel be called as a witness at his disciplinary hearing but Samuel did not testify. Lisle was sentenced to four months disciplinary segregation; his cellmate was not disciplined.
- While in segregation Lisle made three suicide attempts over three days; after a near-fatal third attempt he was placed on suicide watch in the infirmary.
- Lisle alleges infirmary nurse Jana South taunted him for failing to kill himself and encouraged him to try again; South denies the statements but continued medical monitoring and arranged mental-health evaluation.
- Lisle sued under 42 U.S.C. § 1983 raising claims for (a) racial discrimination, (b) deprivation of liberty without due process for denial of a witness at the disciplinary hearing, (c) Eighth Amendment deliberate indifference to his suicide risk (including South’s alleged taunts), and (d) failure to address grievances. The district court granted partial summary judgment and tried remaining deliberate-indifference claims to a jury.
- During voir dire defense counsel used peremptory strikes to remove three of four Black venire members; Lisle objected under Batson after selection but before swearing; the district court denied the Batson objection as untimely. Jury found some defendants liable for deliberate indifference and awarded $300; verdicts for South and some others. Lisle appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Batson objection | Lisle argued objection was timely because it was made before jurors were sworn and venire dismissed and after pattern of strikes was evident | Defendants argued objection was waived because it was not raised immediately during strikes | Court: Batson objection was timely; district court erred and must make further findings on Batson or order new trial if credibility cannot be assessed |
| Batson challenge substantive review | Lisle argued strikes targeted Black jurors; asked for race-neutral explanations to be scrutinized | Defendants proffered race-neutral reasons (e.g., jurors with incarcerated family) | Court: Remanded for the district court to evaluate credibility of race-neutral reasons; error was not harmless because judge never made credibility findings |
| Eighth Amendment — Nurse South’s alleged taunts | Lisle argued South’s alleged statements to a known-suicidal inmate amounted to deliberate indifference and psychological torture beyond mere verbal harassment | South argued her medical care and monitoring defeated the claim and that verbal harassment alone cannot violate Eighth Amendment | Court: Reversed summary judgment for South; assuming Lisle’s account true, statements could constitute Eighth Amendment violation; factual dispute for trial |
| Equal protection / Due process in disciplinary proceeding | Lisle argued he was disciplined due to race and denied due process by being prevented from calling Samuel | Defendants argued no evidence of racial animus and that segregation sentence/conditions did not create a protected liberty interest | Court: Affirmed summary judgment on equal protection and due process claims—no evidence of racial motive and four months segregation not an atypical, significant hardship in this record |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishes Batson framework prohibiting race-based peremptory strikes)
- Foster v. Chatman, 136 S. Ct. 1737 (even a single racially motivated strike requires remedy)
- Flowers v. Mississippi, 139 S. Ct. 2228 (pattern of strikes can give rise to Batson inference)
- Snyder v. Louisiana, 552 U.S. 472 (trial court must assess credibility of proffered race-neutral reasons)
- Estelle v. Gamble, 429 U.S. 97 (deliberate indifference to serious medical needs violates Eighth Amendment)
- Rhodes v. Chapman, 452 U.S. 337 (Eighth Amendment prohibits unnecessary and wanton infliction of pain)
- Hope v. Pelzer, 536 U.S. 730 (acts totally without penological justification may violate Eighth Amendment)
- DeWalt v. Carter, 224 F.3d 607 (noting verbal harassment typically insufficient—but later narrowed)
- Beal v. Foster, 803 F.3d 356 (verbal misconduct can violate Eighth Amendment where it exploits inmate vulnerabilities)
- Petties v. Carter, 836 F.3d 722 (two-step deliberate-indifference analysis for medical claims)