Bell v. McAdory, No. 15-1036 (7th Cir. 2016)
Annotate this CaseIn 2006, Bell was adjudicated a sexually dangerous person and civilly detained. After attacking a guard at the Rushville Treatment and Detention Facility, he was convicted and spent the four years in prison. When his sentence expired in 2010, he was returned to Rushville, where he declined to cooperate with intake procedures and threatened guards. Housed in segregation, he resisted the Facility’s normal operation. After 20 days, Bell was taken to a secure infirmary room, with large windows, and denied clothing. Bell's resistance resulted in some use of force. He spent eight days naked in the infirmary. On the ninth day Bell cooperated, was given clothes ,and moved to the general population. He filed suit under 42 U.S.C. 1983. The court granted all defendants summary judgment. The Seventh Circuit remanded. Because he is a civil detainee, not a prisoner, Bell invoked the Due Process Clause, not the Cruel and Unusual Punishments Clause. To say that harsh conditions are proper as a penalty for crime does not justify Bell’s treatment. Spending eight days naked in a fan-blown stream of chilled air might not be proper for a convicted prisoner, when the goal was to get the prisoner to pose for a photograph. While Bell did not file a timely appeal, he did file other papers that could be treated as notice of appeal or a request for an extension.
The court issued a subsequent related opinion or order on May 4, 2016.
The court issued a subsequent related opinion or order on September 14, 2016.
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