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Marcus Clay v. Lt. John Doe

June 21, 2011

MARCUS CLAY,
PLAINTIFF,
v.
LT. JOHN DOE,13 JOHN DOES,
PHILLIP BAILEY, AND GILBERT HUGHES, DEFENDANTS.



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

#R-09996,

MEMORANDUM AND ORDER

Plaintiff, an inmate currently in the Menard Correctional Center, was at all times relevant to this action housed in the Shawnee Correctional Center. Plaintiff 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). 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 cannot be dismissed at this point in the litigation.

Facts:

The following version of the facts of this case is gleaned from Plaintiff's complaint (Doc. 1). Plaintiff was housed in the segregation unit at Shawnee Correctional Center. On December 24, 2010, Defendant Hughes approached Plaintiff's cell and began verbally harassing him. In response, Plaintiff flooded his cell to get the attention of a superior officer.

Defendant Bailey responded to the call. Upon arrival, he found that Defendant Hughes had already restrained Plaintiff with handcuffs. Defendants Bailey and Hughes then began beating Plaintiff, throwing him to the ground, then punching and kicking him in the head, chest, and back. Thirteen John Doe Defendants witnessed the altercation, then joined in on the beating. Defendant John Doe Lieutenant responded to the disturbance, but did nothing other than watch the abuse.

After the beating, Plaintiff was bleeding and in pain. However, none of the Defendants attempted to provide Plaintiff with medical care. Instead, Plaintiff was moved ...


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