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Scott P. Endicott, #S-11054 v. Charlie Becher and Brian Hanson

September 28, 2011

SCOTT P. ENDICOTT, #S-11054, PLAINTIFF,
v.
CHARLIE BECHER AND BRIAN HANSON, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate currently in the Stateville Correctional Center, was at all times relevant to this action housed in the Clinton County Jail. 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 Plaintiff's claims survive review.

Facts:

The following version of the facts of this case is gleaned from Plaintiff's complaint (Doc. 1). On February 6, 2009, Plaintiff was arrested and then incarcerated in the Clinton County Jail. Plaintiff was placed in a cell with 3 other inmates. One of those inmates, Peter Flores, threatened Plaintiff with bodily harm because of the offense with which Plaintiff was charged. Hanson then took Plaintiff to an interrogation room. On the way to that room, Plaintiff informed Hanson of Flores's threat and stated that he was afraid for his life.

During the interrogation, Plaintiff also told Becher of the threat and that he feared for his life. Plaintiff asked both Defendants to place him in a different cell, away from Flores. However, these pleas went unheeded, and Plaintiff was returned to the same cell. Roughly 10 minutes later, Plaintiff was attacked by Flores.

Plaintiff suffered a black eye, split lip, scrapes, bruises and loosened teeth in the attack. Plaintiff complained to Hanson about the pain caused by these injuries and asked for medical attention. Hanson responded by providing Plaintiff with Tylenol but denied further care. Plaintiff then asked for a form to file a grievance, but this request was also denied.

During his stay in the jail, Plaintiff began suffering from mental health issues and, as a result, was placed on psychotropic medication. Plaintiff attempted suicide twice and was twice stopped. Plaintiff asked for medical ...


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