The opinion of the court was delivered by: Richard Mills, District Judge:
In this civil rights action, Samuel Easton Slagel claims at the
defendants — various private individuals as well as city, state and
federal agencies — violated his constitutional rights by engaging
in a conspiracy against him.
Before the court is plaintiff's petition for leave to proceed without
prepayment of fees and costs pursuant to 28 U.S.C. § 1915.
The petition is denied and the complaint is dismissed f r the reasons
It is well established, of course, that pro se complaints are to be
liberally construed. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30
L.Ed 2d 652 (1972), reh'g denied, 405 U.S. 948, 30 L.Ed.2d 819 (1972).
"[A] district court judge should deny leave to proceed in forma pauperis
if an action is frivolous or malicious." Wartman v. Branch 7 Cvil
Division, County Court, Milwaukee County, State of Wisconsin, 510 F.2d 13,
134 (7th Cir. 1975), principle reaffirmed in Bryan v. Johnson,
821 F.2d 455, 458 (7th Cir. 1987). A frivolous complaint is on in which
"the petitioner can make no rational argument in law or facts to support
his or her claim for relief." Williams v. Faulkner, 837 F.2d 304, 306
(7th Cir. 1988 ), aff'd sub nom Neitzke v.
Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).
Because the plaintiff has indicated that he is indigent (he is
receiving public aid and social security disability payments), the court
has reviewed the plaintiff's claims to determine whether they state a
colorable cause of action under 42 U.S.C. § 1983. The court must
conclude that the complaint is without arguable merit.
Slagel is a resident of Urbana, Illinois. He sues Shell Oil Refinery,
Dr. Michael Ralph, the Urbana Police Department, the Champaign County
State's Attorney, Renee and Dr. Adolf Lo, the Champaign County Housing
Authority, the United States Post Office, the Champaign County Circuit
Court, and United States District Judge Harold A. Baker.
The court gleans the following allegations from the rambling, nebulous
complaint: On October 11, 1985, the plaintiff sustained disabling
injuries at the Shell Oil Refinery in Wood River, Illinois. During an
unspecified subsequent period, the plaintiff was a tenant in an apartment
belonging to the defendants Lo. The plaintiff's lease was partially
subsidized by the Champaign County Housing Authority. He appears to
allege that the landlord defendants called and wrote letters to the
police complaining about the plaintiff in an effort to force him to move.
On November 28, 1991, Slagel called the police from a service station
to report that someone had threatened to assault him. He alleges that the
officer who arrived on the scene became hostile and told the plaintiff
that he could do nothing. Then, after entering the service station and
apparently conferring with someone inside, the officer arrested the
plaintiff. The officer read Slagel his rights and advised him that he was
being arrested for rape and harassment. The officer purportedly
implicated Renee Lo, the Champaign County State's Attorney and the United
States Post Office in the arrest. The plaintiff did not receive a copy of
the charges, and no lawyer was assigned to him.
The plaintiff believes that the Urbana Police Department attempted to
inculpate him in child endangerment and other crimes in an effort to
cover up their unlawful arrest. He further asserts that police officers
were aware that he was innocent.
Slagel evidently wrote a complaint letter to the Urbana Police
Department, for on December 9, 1991, Police Chief Willard Schlieter wrote
the plaintiff a letter. In the letter, Schlieter told Slagel he was
unsure what the plaintiff wanted, and added that he could not investigate
a complaint of police misconduct if criminal charges were pending. The
Urbana Police Department and the State's Attorney's Office have refused
to respond to the plaintiff's requests for information.
The plaintiff claims he lost property seized pursuant to the arrest
because he feared that he would be arrested again if he returned to the
police department to retrieve his possessions. He also suspects that the
United States Post Office tampered with his mail during the week of
February 22, 1992.
Slagel further believes that Judge Baker might be involved, since the
Urbana police and the State's Attorney work closely with the courts. The
plaintiff attributes all of the above events to a "scheme and conspiracy
designed and intended to deny and deprive plaintiff" of his
constitutional rights. He appears to maintain that Shell ...