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Barrett v. Pollard

July 24, 2008

LARRY RASON BARRETT, PLAINTIFF,
v.
RANDY POLLARD, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, a pretrial detainee at the DuPage County Jail, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks monetary relief for alleged violations of his Fourth 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).

THE COMPLAINT

Plaintiff alleges that on November 22, 2006, he was arrested and detained in the Jefferson County (Illinois) Jail on charges of criminal damage to state supported property. Plaintiff states that on Novemeber 28, 2006, detectives from the Downers Grove, Illinois, police department asked the Sheriff's Office for Jefferson County, Illinois, to obtain a voluntary DNA sample from Plaintiff for testing. Plaintiff asserts that he refused to provide a voluntary DNA sample for testing.

Plaintiff alleges that the Downers Grove detectives then asked Defendant Pollard to obtain items such as Plaintiff's toothbrush, razor, or silverware from Plaintiff that may contain Plaintiff's DNA. Plaintiff contends that on November 30, 2006, Defendants Hughey and Garcia - acting on orders of Defendant Pollard - conducted a "shake down" of Plaintiff's cell for the purpose of obtaining an item containing Plaintiff's DNA. As a result of this search, Plaintiff's toothbrush was confiscated. Plaintiff states that his toothbrush was not considered contraband in the Jefferson County Jail.

Liberally construing the complaint, it appears that the toothbrush was used to obtain Plaintiff's DNA for testing and, as a result, Plaintiff has been arrested and charged with an unspecified crime in DuPage County, Illinois, where he is currently detained. Plaintiff alleges that the seizure of his toothbrush, his DNA, and the DNA testing violated his rights under the Fourth and Fifth Amendments.

DISCUSSION

Upon careful review of the complaint and the supporting exhibits, the Court finds that no claim in the original complaint may ...


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