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Richardson v. Matthews

September 22, 2009

ALBERT RICHARDSON, PLAINTIFF,
v.
RONALD MATTHEWS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: David Herndon District Judge

MEMORANDUM AND ORDER

HERNDON, District Judge

Plaintiff, an inmate at the Terre Haute Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks compensatory, consequential, actual, future and punitive damages as relief for the use of excessive force during his 2004 arrest. 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

Because Plaintiff Richardson has filed an amended complaint (Doc. 5), this Court will take the amended complaint as the comprehensive statement of Richardson's allegations and claims. Richardson alleges that on February 28, 2004 he was arrested for fleeing and eluding a police officer. Defendant Perry placed Richardson under arrested and handcuffed him behind his back. At that time, Defendant Qattoum began beating Richardson with his pistol. Perry and Defendant "John Doe" stood by while the alleged beating took place. Afterwards, Richardson was transported to St. Mary's Hospital. Richardson says Perry tricked him into signing a form whereby he refused medical tratemsnt and he was taken to the East St. Louis City Jail. Richardson claims he reported his beating to several different officers. He also claims that Defendant Matthews contacted him in April of 2004 and said there was an internal investigation into officers Perry and Qattoum. Matthews told Richardson that the city would settle his complaint as long as he did not file a lawsuit. When Richardson followed up with the City Manager's office in June 2007, he was told no settlement had ever been recorded. Richardson implicates Matthews, Defendant Carson-Slaughter, Defendant McIntosh, and Defendant Officer in hiring Qattoum, and covering up the evidence of his mis-deeds. Plaintiff's complaint asserts the following claims:

COUNT 1: Excessive Use of Force

COUNT 2: Failure to Intervene

COUNT 3: Failure to Instruct, Supervise, Control ...


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