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.

Phelps v. Tyner

March 13, 2008

CHRISTOPHER T. PHELPS, PLAINTIFF,
v.
GARY TYNER, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Stateville Correctional Center, brings this action for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. After reviewing the complaint, the Court finds it appropriate to rearrange Plaintiff's allegations into six counts, as stated 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 Defendants Whitehead, Horn, and Pinkerton for allegedly hitting, kicking and otherwise beating up Plaintiff on or about February 7, 2006, in violation of Plaintiff's Eighth Amendment rights.

COUNT 2: Against Defendant Pinkerton for allegedly beating up Plaintiff on or about February 6, 2006, in violation of Plaintiff's Eighth Amendment rights.

COUNT 3: Against Defendant Lynn for allegedly failing to intervene and protect Plaintiff in connection with the February 7, 2006, beating, in violation of Plaintiff's Eighth Amendment rights.

COUNT 4: Against Defendant Tyner for allegedly having prior knowledge of the propensity of the defendants to beat inmates and, specifically, for failing to protect Plaintiff from such attacks in violation of Plaintiff's Eighth Amendment rights.

COUNT 5: Against Defendant Lynn for allegedly denying Plaintiff adequate medical care in violation of Plaintiff's Eighth Amendment rights.

COUNT 6: Against Defendants Whitehead and Morgan for allegedly using a restraint chair on Plaintiff in violation of Plaintiff's Eighth Amendment rights.

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). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007). Upon careful review of ...


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.