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Hilton Lloyd Keller, #B-33552 v. Brad Thomas

February 11, 2011

HILTON LLOYD KELLER, #B-33552, PLAINTIFF,
v.
BRAD THOMAS, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Menard 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, in pertinent part:

(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 that none of the claims in the complaint may be dismissed at this point in the litigation.

FACTS ALLEGED IN COMPLAINT

On December 12, 2009, Plaintiff was attacked in his cell by his cellmate. Prior to this attack, Plaintiff made requests to Defendants Lauhead, Drake, Salsa, and Purdem that he be moved away from this violent cellmate, but these requests were denied. After being attacked on December 12, Plaintiff again requested that Defendants Lauhead, Drake, Salsa, and Purdem move him to a different cell, and again these requests were denied. On January 5, 2010, Plaintiff again was attacked by his cellmate, resulting in a black eye, a swollen jaw, scratches, a cracked tooth, and a deep bite mark on Plaintiff's shoulder. Plaintiff once again asked that Defendants Lauhead, Drake, Salsa, and Purdem move him, but this request again was denied. Plaintiff then requested that Defendants Lauhead, Drake, Salsa, and Purdem take him to receive medical treatment, but this request also was denied.

Plaintiff began a letter writing campaign to complain about this mistreatment. One of those letters was sent to the Director of the Illinois State Police, an unnamed party. On March 23, 2010, Plaintiff was called to a meeting with Defendant Thomas, who questioned Plaintiff regarding the contents of the letter. Defendant Thomas then told Plaintiff that because of the letter, Plaintiff would be receiving a disciplinary ticket for fighting.

On March 31, 2010, Plaintiff was seen by the adjustment committee consisting of Defendants Ashby and Lee. Despite Plaintiff's assurances that he was not an active participant in the ...


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