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Labron C. Neal-Bey v. Mccann

March 25, 2011


Name of Assigned Judge Matthew F. Kennelly Sitting Judge if Other or Magistrate Judge than Assigned Judge




The Court grants Plaintiff's motion for leave to proceed in forma pauperis [3]. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $23.13 from Plaintiff's account for payment to the Clerk of Court as an initial filing fee, and continue monthly deductions in accordance with this order. The Clerk is directed to send a copy of this order to the trust fund officer at the Stateville Correctional Center. However, summonses shall not issue. The Court dismisses the complaint on file without prejudice to Plaintiff filing suit in the Central District of Illinois regarding any claims arising from his confinement at Pontiac Correctional Center that the Court has not already dealt with on the merits in this order. This case is terminated.

O [For further details see text below.] Docketing to mail notices.


Plaintiff, Labron C. Neal-Bey, an inmate at Stateville Correctional Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff is granted leave to file in forma pauperis. Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.13. The trust fund officer at Plaintiff's current place of incarceration is ordered to collect, when funds exist, the partial filing fee from Plaintiff's trust fund account and pay it directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund officer is authorized to collect monthly payments from Plaintiff's trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from Plaintiff's trust fund account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Il. 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiff's name and the case number assigned to this action. Plaintiff shall remain responsible for the filing fee, and Stateville officials shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred.

The Court has reviewed plaintiff's complaint as required by 28 U.S.C. § 1915A. The complaint includes the following allegations.

Plaintiff alleges that on January 7, 2009, while he was incarcerated at Stateville Correctional Center, correctional officers searched his cell. During the search, the officers discovered in his cellmate's property box items considered to be contraband. Plaintiff and his cellmate were immediately placed in segregation. On January 13, 2009, Plaintiff was served with a disciplinary report concerning this incident.

On January 17, 2009, another incident occurred with Plaintiff's cellmate. This time, Plaintiff's cellmate accused a correctional officer of handcuffing him and leaving him in restraints for 22 hours. When correctional officers came to cell to remove the handcuffs from Plaintiff's cellmate, Plaintiff was escorted to another cell where he was stripped naked and instructed to put on a jumpsuit; Plaintiff was then taken to the health care unit. That same day, Plaintiff was called to internal affairs and interviewed by Correctional Officer Turner regarding his cellmate's accusations. After Plaintiff made a brief statement to Turner, Turner accused Plaintiff of protecting his cellmate and threatened to have him moved to Tamms or Pontiac Correctional Center. Plaintiff told Turner that he was cooperating.

Plaintiff was then taken to a cell used for showering and told to stand there. Later that same day, Plaintiff was escorted back to internal affairs. Plaintiff told the investigator and Warden McCann that he had nothing else to say and that he felt he was being treated harshly.

The next day, Plaintiff was transferred to Pontiac Correctional Center. At Pontiac, Plaintiff was placed in a cell without any additional jumpsuits or hygiene products. Plaintiff requested extra clothes and hygiene products to no avail and he was not permitted to shower. Plaintiff filed a grievance regarding these conditions, to no avail.

On January 30, 2009, Plaintiff filed a grievance because he did not have a hearing within 14 days of the January 7, 2009, disciplinary report as required by department rule. The grievance was received by Counselor Guth, who forwarded it to the chairperson of the adjustment committee, David Lingle. Lingle drafted a notice of continuance for a hearing to be held on February 11, 2009. On February 11, 2009, a hearing was held before the adjustment committee. At the hearing, Plaintiff informed Robert Ellinger that the hearing was being held in violation of department rules because it had not taken place within 14 days of the offense. Ellinger and Paul Blackwell found Plaintiff guilty. Plaintiff was ...

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