ST. LOUIS (Legal Newsline) – A St. Louis inmate who says he hasn’t been permitted to shower for the past six months can proceed with his lawsuit.
Anthony Tillman scored the win in federal court on March 16 after the City argued that he had failed to follow the proper procedures when filing his lawsuit. Judge Ronnie White ruled that wasn't the case and will now make a decision on Tillman's motion for a temporary restraining order.
Tillman's complaints to prison staff satisfied a threshold for exhausting available remedies before suing, Judge White ruled.
"Tillman maintains that the (City Justice Center) staff were unwilling to help him with hiss grievance and appeal," White ruled. "In one instance, Tillman notes that he filed an (Informal Resolution Request) in December 2020 regarding obtaining a wheelchair shower or assistance with bathing, but did not receive a response.
"When he asked about a response, he was told... that 'They'll be getting back to you.' Tillman states that he was required to get a response to his IRR before he had the option of filing a formal grievance.
"Therefore, the CJC's failure to response to his IRR created a procedural dead end, making it impossible for him to proceed to the formal grievance process."
St. Louis, City Justice Center Superintendent Adrian Barnes and Division of Corrections Commissioner Dale Glass filed their motion to dismiss the lawsuit of Anthony Tillman on March 14. They argued he turned down a wheelchair-accessible shower, as well as failed to exhaust administrative remedies as required by the Prison Litigation Reform Act.
They also say he is free to shower, which is contrary to what the paraplegic Tillman said in his lawsuit.
“Defendants have not prevented plaintiff from bathing or showering during his incarceration at the Justice Center, and similarly have no desire to prevent him (or any other paraplegic inmate) from bathing and showering in the future,” the motion to dismiss says.
“While the practical reality of the parties’ dispute may suggest easy resolution, the legal reality requires this court to dismiss Plaintiff’s complaint for failure to state a claim…”
Tillman was incarcerated once before at the Justice Center, where he was instructed to use a shower not designed for the disabled and without staff help; according to the suit, Tillman fell in that shower and developed sepsis due to his injuries.
According to the suit, Tillman was provided with a rag and basin to wash himself on his own in his cell. When he asked a nurse if he could get help showering after three months of no shower and starting to urinate blood, Tillman says he was told that "this is not a long-term care facility."
Tillman says that multiple corrections officers, nurses and his own case worker either ignored or refused his requests for assistance.
The plaintiff also says he has been denied the physical therapy that could help him to someday walk again while incarcerated.
Tillman asks the court to order the Justice Center install a wheelchair-accessible shower, assign medical staff to help disabled inmates with showering and award compensatory damages as seen fit. He is represented by Archcity Defenders Inc of St. Louis.