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.

Ian Henning v. Perez

September 6, 2011

IAN HENNING
v.
PEREZ, ET AL.



Name of Assigned Judge Gary Feinerman Sitting Judge if Other or Magistrate Judge than Assigned Judge

(R-51116)

CASE TITLE

DOCKET ENTRY TEXT

Plaintiff's motion for leave to proceed in forma pauperis [3] is granted. The initial filing fee is waived. The court orders the trust fund officer at the Vandalia Correctional Center to collect monthly payments from Plaintiff's trust fund account as stated below. The Clerk shall send a copy of the trust fund officer at the Vandalia Correctional Center. The Clerk shall also: (1) issue summonses as to Commander Hunger, Bill Woods, Lieutenant Flowers, and Lieutenant Daniel Swanson, (2) attach a Magistrate Judge Consent Form to the summonses for Defendants, (3) send Plaintiff said Form and Instructions for Submitting Documents, along with a copy of this order, (4) dismiss Defendants Sheriff Perez and Commander Keaty. Plaintiff's motion for appointment of counsel [4] is denied without prejudice.

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

STATEMENT

Plaintiff Ian Henning, a prisoner at the Vandalia Correctional Center, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983.

According to the statement submitted with his in forma pauperis application, Plaintiff has neither available funds nor means to pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1). As 28 U.S.C. § 1915(b)(4) requires that a prisoner not be prohibited from bringing suit because of inability to pay, the initial partial filing fee is waived. The trust fund officer at the correctional facility where Plaintiff is confined 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. The Vandalia trust fund officer shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred to another correctional facility.

Pursuant to 28 U.S.C. § 1915A, the Court is required to conduct a prompt initial review of prisoner complaints against governmental entities or employees. Plaintiff alleges that on September 15, 2010, while he was detained at the Kane County Adult Detention Center, Bill Wood, who was in charge of programs at the jail, issued a policy that all books and magazines would no longer be accepted through the mail, with the exception of religious or educational materials that had been pre-approved. All books and magazines received through the mail after this date would be returned to sender. Plaintiff filed a grievance regarding the new policy. Lieutenant Flowers responded that the policy was being reviewed by the administration. Plaintiff appealed the response to Commander Keaty. Lieutenant Flowers responded that the policy was under review. On June 3, 2011, Plaintiff tried to appeal the grievance again to a new commander, Commander Hunger. Commander Hunger met with Plaintiff and told him he would inquire whether Plaintiff had exhausted his appeal. That same day, Plaintiff received a response from Hunger that Plaintiff had exhausted his appeal. Lieutenant Swanson is in charge of the mail room and returned to sender the books and magazines sent to Plaintiff. The policy remained in place.

Plaintiff also alleges that the jail library is inadequate because it contained only the Illinois Compiled Statutes. In addition the jail provides each inmate with only two pieces of paper and one stamp a week. Plaintiff grieved both issues, but both grievances were denied.

The complaint names Kane County Sheriff Patrick Perez, Commander Keaty, Commander Hunger, Bill Woods, Lieutenant Flowers, and Lieutenant Daniel Swanson as Defendants.

It is well established that pro se complaints are to be liberally construed. Kaba v. Stepp, 458 F.3d 678, 681, 687 (7th Cir. 2006). Pro se submissions are held to a less stringent standard than formal pleadings drafted by lawyers. Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009). Rule 8(a)(2) of the Federal Rules of Civil Procedure requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663, 667 (7th Cir. 2008). To satisfy the notice pleading requirements of Fed. R. Civ. P. 8(a)(2), the plaintiff must only state his basic legal claim and provide "some indication . . . of time and place." Thompson v. Washington, 362 F.3d 969, 971 (7th Cir. 2004). Nevertheless, the factual allegations in the complaint must be enough to raise a right to relief above the speculative level. Bell Atlantic Corp., 550 U.S. at 555. "The complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010) (citing Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009)).

As to Plaintiff's first claim, which concerns the books and magazines, Plaintiff has not stated a claim as to Commander Keaty and Sheriff Perez. There are no allegations that either Defendant was involved in the actual policy that is the subject of the complaint, and Plaintiff has alleged no facts suggesting these two Defendants' direct, personal involvement, as required by J.H. ex rel. Higgin v. Johnson, 346 F.3d 788, 793 (7th Cir. 2003). Nor has Plaintiff indicated that the alleged violations of his constitutional rights occurred at their direction or with their knowledge and consent. Ibid. Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, "to be liable under § 1983, an individual defendant must have caused or participated in a constitutional deprivation." Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir. 2005); see also Iqbal, 129 S. Ct. at 1948 ("plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution").

The doctrine of respondeat superior does not apply to actions filed under 42 U.S.C. § 1983. See Kinslow v. Pullara, 538 F.3d 687, 692 (7th Cir. 2008). Section 1983 does not create collective or vicarious responsibility. Ibid. To be held liable under § 1983, supervisors "must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see." T.E. v. Grindle, 599 F.3d 583, 588 (7th Cir. 2010) (quoting Jones v. City of Chicago, 856 F.2d 985, 992 (7th Cir. 1988). In short, some causal connection or affirmative link between the action complained about and the official sued is necessary under ยง 1983. See Hildebrandt v. Illinois Dept. of Natural Resources, 347 F.3d 1014, 1039 (7th Cir. 2003). Here, Plaintiff has failed to allege any facts tending to show that Commander Keaty or Sheriff Perez were personally involved in--or even aware of--the banning of books and magazines. Accordingly, those Defendants are dismissed from this action. While the allegations against ...


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.