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.

Williams v. Shaw

September 24, 2010

LESTER WILLIAMS, #R-45439, PLAINTIFF,
v.
LT. SHAW, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Lester Williams, formerly an inmate in the Lawrence 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; portions of this action are subject to summary dismissal.

FACTS ALLEGED

On June 6, 2009, Williams had a verbal altercation with Defendant Shaw, and Williams was told to pack his property for a transfer to segregation. As Williams reached for his property box, Shaw rushed into his cell, grabbed him by the neck, and choked him with one hand while pushing Williams against the wall. Defendant John Doe #1 joined in, helping Shaw to pin Williams, and then both men inflicted punches to his head and stomach. Defendant John Doe #2 stood outside the cell and watched. Williams broke free and ran out of his cell as Defendant Goins walked into the housing unit. Goins sprayed mace in Williams's face, while Shaw and Doe #1 pinned Williams to the floor.

Williams was handcuffed and taken to the medical unit for his injuries, which included scratches and bruising on his face, head, neck and left arm. Afterwards, Williams was taken to segregation, where he remained for 15-20 minutes. Williams was then placed in a van and taken to Pontiac, where he was confined on investigative status for several weeks.

CLAIMS PRESENTED

Out of these facts, Williams sets forth several distinct claims.

Excessive Force williams first asserts a claim of excessive force against Shaw and Doe #1. The intentional use of excessive force by prison guards against an inmate without penological justification constitutes cruel and unusual punishment in violation of the Eighth Amendment and is actionable under Section 1983. Hudson v. McMillian, 503 U.S. 1, 6-7 (1992); DeWalt v. Carter, 224 F.3d 607, 619 (7th Cir. 2000). "[W]henever prison officials stand accused of using excessive physical force in violation of the Cruel and Unusual Punishments Clause, the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm." Hudson, 503 U.S. at 6-7.

Under these standards, the Court is unable to dimiss this excessiver claim against Shaw ...


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.