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Almost $4.4 Million for Illinois Prisoner’s Failure to Protect Claim

On April 11, 2025, amended judgment was entered in federal court for the Northern District of Illinois, awarding $4,384,216.16 to state prisoner Timothy Kyles, who successfully prosecuted his claim that state Department of Corrections (DOC) officials were guilty of failure to protect him and of intentional infliction of emotional distress. 

Kyles’ federal civil rights action concerned events that occurred at Stateville Correctional Center Stateville, where he was transferred in 2014 for protection; at his previous lockup, Menard Correctional Center, Kyles had turned in weapons belonging to a fellow member of the Gangster Disciples gang, earning the gang’s ire. Upon intake at Stateville, Kyles was placed in the Protective Custody Unit (PC).

After an exchange on October 24, 2014, Kyles said, guard Derek Jaburek threatened to plant contraband in Kyles’ cell and jeopardize his “good time” credits. Kyles asked Intelligence Unit guard Fred Beaugard to intercede on his behalf. The matter escalated, though, resulting in Kyles giving a statement to guards with the Investigations Unit. 

Beaugard subsequently wrote disciplinary tickets for “Intimidation or Threats” and “Dangerous Communications” against Kyles, who was placed in the Segregation Unit (SU) as punishment. Kyles told Beaugard and Lt. William Brown that placement in a double-man cell in SU would endanger his life. Since 2012, Kyles had been prescribed psychotropic medication to treat a diagnosis of bipolar mania with psychotic features. The medication made Kyles “extremely drowsy,” leaving him vulnerable to attack while he slept 12-13 hours per day. Kyles was told to fight to protect himself.

Thereafter, on two occasions Kyles was raped by his cellmate, convicted murderer Jorge Pena. After exhausting his administrative remedies, Kyles filed suit, alleging that the disciplinary tickets were written in retaliation for his complaint against Jaburek. Kyles also alleged that double-celling a protective custody prisoner like him was a violation of DOC Administrative Directive 05.03.107 and therefore constituted a failure to protect him.

On August 1, 2023, a jury in the federal district court considered the retaliation claim and found in favor of Beaugard and Internal Affairs and Intelligence Unit Supervisor Leslie Turner, along with Sgt. Tralon Durrett. The jury, however, found in Kyles’ favor on his Eighth Amendment failure-to-protect claim against Turner, Durrett, and placement guard Karen Rabideau, plus Warden Tarry Williams. Jurors also found that Rabideau, Turner, Durrett, and Brown were liable on the claim of intentional infliction of emotional distress. Kyles was awarded $2,950,000, including compensatory damages of $200,000 against Rabideau, $600,000 against Williams, $250,000 against Turner, $550,000 against Durrett, and $650,000 against Brown; the award also included punitive damages of $300,000 against Durrett and $400,000 against Brown.

Affirming those awards in its most recent ruling, the district court added another $1,434,216.16, representing fees of $1,425,255 and costs of $8,961.16 for Kyles’ attorneys: Michael S. Ferrell, Kelly Marino Bonovich, Jennifer L. Ralph, and Allison McQueen of Jones Day in Chicago. See: Kyles v. Beaugard, USDC (N.D. Ill.), Case No. 1:15-cv-8895. Kyles, now 53, is currently at Graham Correctional Center pending an anticipated parole release in 2028.  

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Related legal case

Kyles v. Beaugard