The opinion of the court was delivered by: Richard Mills, District Judge
For the following reasons, Defendant Susan McFarlin's Motion to Dismiss [d/e 9] is granted.
The Plaintiff, Chris Holly, is a former Illinois Department of Corrections (IDOC) inmate who brought this suit under 42 U.S.C. § 1983, alleging violations of his First and Eighth Amendment Rights.
In May 2007, the Plaintiff was incarcerated at Logan Correctional Center, Lincoln, Illinois. Defendant McFarlin, an IDOC employee, worked as a Freedom of Information Officer at the prison.
The Plaintiff alleges that on May 15, 2007, he forwarded a Freedom of Information Request to Defendant McFarlin. Amended Complaint [d/e 6], ¶ 7. In his Request, the Plaintiff sought copies of two grievances he had previously filed. Id. at ¶ 8. Prior to making his Freedom of Information Request, the Plaintiff possessed copies of the grievances, but he claims that he was unable to locate them. Id.
On May 16, 2007, the Plaintiff's cell was "shaken down," and copies of the grievances were found among the Plaintiff's belongings. Id. at ¶ 10. The copies of the grievances were confiscated. Id. at ¶ 11. The Plaintiff alleges that on May 18, 2010, he was served with a "major" disciplinary report issued by Defendant McFarlin. Id. at ¶¶ 13, 20. According to the Plaintiff, the report alleged that the Plaintiff had violated IDOC rules 303 (giving false information) and 304 (insolence).
The Plaintiff alleges that he appeared before a hearing board on May 25, 2007, and was placed into Disciplinary Segregation. Id. at ¶¶ 15, 17.
The Plaintiff alleges Defendant McFarlin's actions were retaliatory. Id. at ¶ 21. The Plaintiff further alleges that, as a result of McFarlin's actions, the Plaintiff was removed from a program where he earned good time credits. Id. The Plaintiff alleges McFarlin's actions resulted in extreme emotional distress and in a longer period of incarceration (due to the loss of good time credits). Id. at ¶ 22.
The Plaintiff was released from custody on June 21, 2007. Id. at ¶ 18.
The Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis [d/e 1] on May 22, 2009. The Plaintiff attached a copy of the ...