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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 1 of 7 Page ID #85

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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No. 09-133-DRH

STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT

OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

NOW COMES the Defendant, ILLINOIS DEPARTMENT OF CORRECTIONS

(“Department”), by and through its attorney, Lisa Madigan, Attorney General for the State of Illinois,

and for its Statement of Undisputed Material Facts in Support of Defendant’s Motion for Summary

Judgment, states as follows:

1.

2.

3.

4.

5.

6.

Plaintiff was born in 1957. See Ex. 1 at 80:15.

Plaintiff started working for the Department in 1976 at Pontiac Correctional Center. See

Ex. 1 at 8:17-20.

Plaintiff transferred to Centralia Correctional Center (“Centralia”) in 1994. See Ex. 1 at

8:13-16.

Prior to becoming a counselor, Plaintiff’s jobs at the Department were clerical. See Ex. 1

at 10:13-15:10, 17:25-18:15.

Plaintiff became a Correctional Counselor I in February 2004. See Ex. 1 at 18:6-9.

In February 2004 there were 6 Correctional Counselor IIs at Centralia: Sena Landreth,

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 2 of 7 Page ID #86

Pamela Alemond, Cindy Keck, Anthony Ballantini, Terri Loepker, and Gina Feazel. See

Ex. 1 at 18:19-22.

7.

From February 2004-March 2006, there was one Correctional Counselor III at Centralia,

Alan Sanner, who was responsible for a regular housing unit caseload of inmates as well

as orientation of new inmates, approving time off requests for counselors, reviewing work

of counselors, and providing input into the performance evaluations of the counselors.

8.

9.

See Ex. 18; Ex. 2 at 86:12-17.

In February 2004, Plaintiff’s supervisor was Assistant Warden of Programs Allan Wisely.

See Ex. 1 at 22:13-10.

The counselors who worked with Plaintiff in 2004, as well as her supervisor at the time,

observed that Plaintiff, while a hard worker, struggled to grasp the counselor job. See Ex.

2 at 89:23-90:12; 92:14-93:7; Ex. 7 at 21:21-23; 25:20-26:10; 27:18-28:8; Ex. 3 at 25:21-

26:4; Ex. 11 at 15:17-16; 17:18-23; 22:14-19; Ex. 9 at 11:25-13:16; 17:12-15; 35:21-

36:12.

10.

In January 2005, Ann Casey was appointed Assistant Warden of Programs at Centralia.

See Ex. 2 at 15:23-24; Ex. 1 at 26:22-25.

11.

In February 2005, Plaintiff received a promotion to Correctional Counselor II. See Ex. 1

at 24:19-21; see also Ex. 14.

12.

After Sanner, Ballantini, and Loepker left on March 17, 2006, the Counseling department

at Centralia consisted of three Counselor IIs (Plaintiff, Feazel and Landreth). See Ex. 1 at

35:8-12.

13.

After March 17, 2006 the work of what had been 6 counselors was divided among the

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 3 of 7 Page ID #87

remaining counselors. See Ex. 1 at 36:12-37:11.

14.

Since March 17, 2006, there has not been a Correctional Counselor III at Centralia. See

Ex. 1 at 31:21-32:3.

15.

Since March 17, 2006, there has not been a posting for a Correctional Counselor III at

Centralia. See Ex. 1 at 31:21-32:3.

16.

The Correctional Counselor III job has not been posted because of budgetary decisions

made by Department officials in Springfield. See Ex. 8 at 87:21-88:4; Ex. 2 at 130:3-10.

17.

After Sanner retired, Plaintiff did not take over any of the supervisory portions of

Sanner’s job. See Ex. 1 at 32:10-21; 36:12-16.

18.

In December 2006 Bart Toennies permanently transferred to the counseling Department

at Centralia as a Counselor II. See Ex. 1 at 38:6-7.

19.

In January 2007 Deb Brink promoted to Correctional Counselor I at Centralia. See Ex. 1

at 35:13-15.

20.

From January to July 2007 there were 4 Counselor IIs (Plaintiff, Feazel, Landreth,

Toennies) and 1 Counselor I (Brink) at Centralia. See Ex. 1 at 58:3-9.

21.

From February 2005 to April 2007 Casey spoke with Plaintiff on numerous occasions to

correct mistakes made by Plaintiff. See Ex. 2 at 95:3-19; 147:17-148:18; 151:1-14.

22.

Casey tried to avoid imposing discipline as long as possible in the hope Plaintiff would

improve on her own. See Ex. 2 at 150:16-20; 151:9-14; 154:20-25; 155:11-15; 155:20-

156:3.

23.

By Spring 2007, Plaintiff had not improved and Casey began to impose discipline. See

Ex. 2 at 156:15-157:13.

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 4 of 7 Page ID #88

24.

Discipline that is “progressive” follows a list proscribed in the collective bargaining unit

which sets forth what discipline should be imposed based upon what discipline came

before. See Ex. 4 at 56:13-57:6; 58:8-10.

25.

On March 19, 2007 Plaintiff made an entry into the C.H.A.M.P.S. system for inmate

Cobb which contained personal comments about the offender and vulgarity. See Ex. 23.

26.

On May 10, 2007 Plaintiff received a written reprimand (reduced to counseling pursuant

to a grievance resolution) as discipline for making an inappropriate C.H.A.M.P.S. entry.

See Ex. 23.

27.

In April 2007, Plaintiff failed to log contacts for more than 60 inmates on her caseload.

See Ex. 24.

28.

On May 10, 2007 Plaintiff received a one day suspension (reduced to an oral reprimand

pursuant to a grievance resolution) as discipline for failing to see 61 inmates on her

caseload within the required 90 days. See Ex. 24.

29.

On April 24, 2007 Plaintiff approved a visitor list for inmate Williams which included as

a potential visitor Molly McClendon. See Ex. 25.

30.

On June15, 2007 Plaintiff received a three day suspension as discipline for approving an

inmate’s visitor list which contained a victim of that inmate as a visitor. See Ex. 25.

31.

On May 8, 2007 and May 9, 2007 incident reports were written which alleged that

Plaintiff was not classifying her inmates in a timely manner. See Ex. 30.

32.

On June 8, 2007 the allegations that Plaintiff was not classifying inmates in a timely

manner were dropped and Plaintiff received no discipline. See Ex. 30.

33.

In May 2007 Casey performed a performance evaluation of Plaintiff for 2006-2007 which

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 5 of 7 Page ID #89

was later expunged pursuant to a grievance. See Ex. 16.

34.

On June 7, 2007 Plaintiff sent an email to Deb Gordon requesting that she change

information in the C.H.A.M.P.S. system for a list of inmates. See Ex. 27-28.

35.

On August 9, 2007 Plaintiff received a five day suspension as discipline for going outside

the chain of command when she sent the June 7, 2007 email. See Ex. 27.

36.

On August 9, 2007 Plaintiff received a 10 day suspension (expunged pursuant to a

grievance resolution) for attempting to falsify a department record when she sent the June

7, 2007 email. See Ex. 28.

37.

In July 2007 Ann Casey resigned as Assistant Warden of Programs and left the

38.

39.

Department’s employ. See Ex. 2 at 15:25-16:3; see also Ex. 1 at 50:8-9.

Plaintiff had no contact with Casey after June 26, 2007. See Ex. 1 at 64:5-8.

During the time between when Casey resigned and a new Assistant Warden was

appointed, Julius Flagg, Assistant Warden of Operations at Centralia, acted as the

supervisor over the counseling department. See Ex. 1 at 51:15-22.

40.

After Casey left, Plaintiff went on a leave of absence from Centralia starting August 20,

2007. See Ex. 1 at 69:11-15.

41.

42.

43.

44.

Plaintiff returned from leave of absence on November 14, 2007. See Ex. 1 at 69:16-17.

On November 1, 2007 Ty Bates was appointed Assistant Warden of Programs at

Centralia. See Ex. 1 at 51:2-5.

Prior to May 2008 Plaintiff had no issues with Bates. See Ex. 1 at 202-21-203:4.

From November 14, 2007 until she retired, Plaintiff’s job assignment did not change. See

Ex. 1 at 73:23-74:1.

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 6 of 7 Page ID #90

45.

On November 20, 2007 Assistant Warden Flagg performed a performance evaluation of

Plaintiff for 2006-2007 as required by a grievance resolution. See Ex. 16.

Plaintiff submitted her intent to retire on May 15, 2008. See Ex. 31.

Plaintiff retired from the Department on June 1, 2008. See Compl. at ¶ 8.

Sena Landreth was born in 1955. See Ex. 32.

Deb Brink was born in 1957. See Ex. 32.

Gina Feazel was born in 1966. See Ex. 32; Ex. 5A at 3:11-12.

Bart Toennies was born in 1971. See Ex. 32; Ex. 10 at 3:8-9.

46.

47.

48.

49.

50.

51.

Respectfully submitted,

ILLINOIS DEPARTMENT OF CORRECTIONS,

Defendant,

LISA MADIGAN, Attorney General,
State of Illinois,

/s/Joanna Belle Gunderson
JOANNA BELLE GUNDERSON
Illinois Bar # 6286292
Assistant Attorney General
Attorney for Defendant
500 South Second Street
Springfield, IL 62706
Telephone: (217) 782-1841
Facsimile: (217) 524-5091
[email protected]

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Case 3:09-cv-00133-DRH-PMF Document 27-1 Filed 03/26/10 Page 7 of 7 Page ID #91

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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)
)
)
)
)
)
)
)
)

No. 09-133-DRH

CERTIFICATE OF SERVICE

I hereby certify that on March 26, 2010, I electronically filed the foregoing Statement of

Undisputed Material Facts in Support of Motion for Summary Judgment with the Clerk of Court

using the CM/ECF system which will send notification of such filing to the following counsel of

record for Plaintiff:

Thomas O. Falb
[email protected]

and I hereby certify that on March 26, 2010, I mailed by United States Postal Service, the

document to the following non-registered participant:

NONE

Respectfully submitted,

/s/Joanna Belle Gunderson
JOANNA BELLE GUNDERSON
Illinois Bar # 6286292
Assistant Attorney General
Attorney for Defendant
500 South Second Street
Springfield, IL 62706
Telephone: (217) 782-1841
Facsimile: (217) 524-5091
[email protected]

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