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.

Johnson v. Schoen

August 31, 2010

STADFORD R. JOHNSON, PLAINTIFF,
v.
WILLIE A. SCHOEN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge.

MEMORANDUM AND ORDER

Plaintiff Stadford Johnson, an inmate in the Big Muddy River 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). 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, 550 U.S. 544, 570 (2007). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; this action is subject to summary dismissal.

DEFENDANT WILLIE A. SCHOEN

On February 6, 2009, Johnson's brother visited him at prison. Johnson alleges that Schoen acted unprofessionally that day, imposing an inordinate delay in moving Johnson to the visitation room. Johnson states that Schoen kept him waiting in the foyer for over 30 minutes while Schoen ate and conversed with others in the visiting room. Schoen also moved "in slow motion" while processing Johnson in the shake-down room, taking a full 15 minutes for just a strip search. When Johnson complained about the delay, Schoen summoned a sergeant, ostensibly to consult about an item of contraband. The sergeant directed Schoen to complete the shake-down, which he did. Schoen later wrote a disciplinary ticket against Johnson, charging him with disobeying a direct order.

Essentially, Johnson alleges that he was subjected to unwarranted harassment from Schoen that day. Although the Court does not condone Schoen's behavior, Johnson does not have a constitutional right to efficient and rapid processing or exemplary professional behavior from correctional officers. Unfortunately for Johnson, general boorish behavior from officers is simply one of the realities of life in prison.

Johnson makes a vague allegation that the disciplinary ticket was issued in retaliation, but his theory of retaliation is not clear. It is clear that prison officials may not retaliate against inmates for filing grievances or otherwise complaining about their conditions of confinement. See, e.g., Walker v. Thompson, 288 F.3d 1005 (7th Cir. 2002); DeWalt v. Carter, 224 F.3d 607 (7th Cir. 2000); Babcock v. White, 102 F.3d 267 (7th Cir. 1996); Cain v. Lane, 857 F.2d 1139 (7th Cir. 1988).

However, Johnson makes no allegation that he engaged in any protected First Amendment activity that provoked retaliatory action from Schoen. Thus, on the face of the complaint, he has failed to state a claim against Schoen, either for generalized harassment or for retaliation.*fn1

DEFENDANT CANDACE S. CHILDERS

Johnson next asserts that Childers used unprofessional tactics in conducting the disciplinary hearing. Apparently she advised him to "keep this under the rug" and to "not say a word about this." Construing the complaint very broadly, the Court reads this as an allegation that ...


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.