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Tesfay v. Maue

August 14, 2007

TEDROS TESFAY, PLAINTIFF,
v.
TOM MAUE, EUGENE MCADORY, C/O ROBINSON, C/O FLATT, C/O NIEPERT, MAJOR MARTIN, LIEUTENANT MITCHELL, C/O SCOTT, DOCTOR AHMED AND JACK MOORE, DEFENDANTS.



The opinion of the court was delivered by: G. Patrick Murphy Chief United States District Judge

MEMORANDUM AND ORDER

MURPHY, Chief District Judge

Plaintiff, an inmate in the Menard Correctional Center, 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; portions of this action are subject to summary dismissal.

FACTS ALLEGED

In June 2003, Plaintiff was assigned to share a cell with inmate Barrows. Plaintiff quickly observed that Barrows was mentally unstable, and Barrows reinforced this impression by making repeated threats to assault Plaintiff. Barrows then assaulted him. Plaintiff complained to Defendants McAdory, Maue, and Niepert about Barrows on numerous occasions, and further assaults occurred, but neither one was moved to another cell.

In August, after suffering his fourth attack by Barrows, Plaintiff attempted to get attention from Flatt and Niepert by sticking his arm through the chuckhole door when they brought lunch. He was ordered to pull his arm back and, when he failed to comply, Flatt started kicking the chuckhole door against his arm while Niepert pushed and twisted his arm. Plaintiff later asked Niepert for medical treatment, but Niepert refused.

Later that day, Plaintiff once again tried to explain the gravity of the situation to Niepert and Flatt. Niepert showed no concern and told Barrows, "Go ahead and kill him. I don't care." Barrows the assaulted Plaintiff, tied him up, and shoved a sock in his mouth. Shortly before the afternoon count, Barrows hung a sheet over the cell windows so officers would not see Plaintiff bound and beaten.

Robinson and Martin finally convinced Barrows to remove the sheet; Barrows was then handcuffed and moved out of the cell. Plaintiff asked Robinson to take him to the health care unit, but Robinson refused. Several hours later, Plaintiff was taken to Internal Affairs to discuss the incident, and he advised the officer that he had not yet received any medical treatment for his injuries.

Subsequent to the final incident with Barrows, Plaintiff received a disciplinary ticket for failing to obey the order to remove the sheet from the cell windows. He was found guilty and punished with three months in segregation. That ticket was later expunged, but Plaintiff still spent three months in segregation.

Over time, Plaintiff received some medical attention for the injuries he sustained from Barrows. He alleges, however, that the medical treatment he received was insufficient, and that Defendant Ahmed refused to see him. When Plaintiff asked Defendant Moore ...


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