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Aldin v. Illinois Dep't of Corrections

May 11, 2009

NAJAM ALDIN, PLAINTIFF,
v.
ILLINOIS DEPT. OF CORRECTIONS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

Plaintiff Najam Aldin, an inmate in the Vandalia 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

Aldin, a practicing Muslim, arrived at Vandalia during Ramadan, on September 26, 2007. On his first day, in an attempt to observe the fast, Aldin did not eat his bag lunch. He explained to the officer that he would eat his lunch after sunset, but the officer threw his uneaten lunch in the trash. After seven days, he was added to the Ramadan list. The morning of October 4, 2007, he was woken before sunrise to have an early breakfast with the other Muslims. At the end of the day, Defendant Workman would not allow him to eat with the other Muslim inmates until Aldin spoke with Defendant Banal. Banal verbally harassed him, then had Aldin stripped and taken to segregation. Aldin was released from segregation the next day, but he was again harassed by officers and other inmates. Although not clear from the pleadings, it seems he received two disciplinary tickets for insolence or for disobeying orders, resulting in a total of 180 days in segregation. Aldin was able to complete his fast while in segregation.

LEGAL CLAIMS

Exercise of ...


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