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Eddie Phillips v. Michael Randle

April 14, 2011

EDDIE PHILLIPS,
PLAINTIFF,
v.
MICHAEL RANDLE, ET AL., DEFENDANTS.



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

#R-03802,

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Pinckneyville Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is 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). 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 that the claims in the complaint must be dismissed at this point in the litigation.

FACTS ALLEGED IN COMPLAINT

On January 6, 2010, Defendant Lind ordered Plaintiff to strip down so that a shakedown of Plaintiff's cell could be performed. Plaintiff was then allowed to redress in his state-issued pants, shirt, and shower shoes. Plaintiff was approached by Defendant John Doe #1, who cuffed Plaintiff and escorted him to the main area of the cell house, along with Defendants John Does ##2, 3, and

4. Defendants Wangler, Lind, and John Does ##1, 2, 5, and 7 began to verbally harass Plaintiff and the other inmates who were in the main area of the cell house.

Defendants Lind, Wangler, Porter, John Does ##1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 then escorted Plaintiff and the other inmates outside into the cold weather. Plaintiff and the other inmates were made to stand outside in the cold for approximately 7 to 10 minutes. Plaintiff and the others were then escorted to an indoor multi-purpose building, which was also cold. Plaintiff and the others were made to stand against the walls of the room, facing the wall, where they stood for around 90 minutes without use of the restrooms, warmer clothing, or medical care.*fn1 Defendants John Does ##6, 7, 8, and 9 continued to act aggressively and made harassing remarks. Plaintiff saw that Defendants Pickering, Bebout, Wilson, and Dentleman were in the room with the inmates, clearly aware of the conditions.

On January 11, 2010 Plaintiff filed a grievance concerning the incident, which was denied by Defendant Goetting. Plaintiff appealed this denial, which was affirmed by Defendant Deen.

Plaintiff then appealed the decision to the Administrative Review Board, and Defendant Benton affirmed the decision on May 26, 2010. ...


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