Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lavite v. Justus

February 13, 2007

GARY A. LAVITE, PLAINTIFF,
v.
MEARL JUSTUS AND ARAMARK FOOD SYSTEMS, DEFENDANTS.



The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Plaintiff, a detainee in the St. Clair County Jail, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; this action is legally frivolous and thus subject to summary dismissal. To facilitate the orderly management of future proceedings in this case, and in accordance with the objectives of Federal Rules of Civil Procedure 8(f) and 10(b), the Court finds it appropriate to break the claims in Plaintiff's pro se complaint and other pleadings into numbered counts, as shown below. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion as to their merit.

COUNT 1: Against unspecified defendants for denying Plaintiff payment for working in the jail kitchen.

COUNT 2: Against unspecified defendants for denial of medical treatment.

COUNT 3: Against unspecified guards for mistreatment based upon race.

COUNT 1

Plaintiff states that while detained in the St. Clair County Jail, he worked as a volunteer dishwasher in the facility kitchen. He was offered a job as a cook, and accepted the position because he believed he would receive a weekly bag of free commissary merchandise. He never received that expected compensation. Plaintiff believes that two black detainees named Johnson and Harris received the commissary bag that Plaintiff "earned" for working in the kitchen.

An inmate does not have a constitutionally protected property or liberty interest in a prison job, see DeWalt v. Carter, 224 F.3d 607, 613 (7th Cir. 2000), nor does a prisoner have a constitutional right to compensation for working. See Vanskike v. Peters, 974 F.2d 806, 809 (7th Cir. 1992). Accordingly, Plaintiff has not stated a claim of constitutional dimension regarding not receiving compensation for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.