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Anthony Redman v. Mark Payne

March 30, 2012

ANTHONY REDMAN, PLAINTIFF,
v.
MARK PAYNE, C/O LOWRY, AND C/O MOORE, DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Anthony Redman, an inmate in Lawrence Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983, based on an incident that occurred while Plaintiff was housed at Centralia Correctional Center ("Centralia"). Plaintiff is serving concurrent 12 year sentences for four counts of residential burglary along with concurrent sentences on two other convictions. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(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). Conversely, a complaint is plausible on its face "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Although the Court is obligated to accept factual allegations as true, see Smith v. Peters, 631 F.3d 418, 419 (7th Cir. 2011), some factual allegations may be so sketchy or implausible that they fail to provide sufficient notice of a plaintiff's claim. Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009). Additionally, Courts "should not accept as adequate abstract recitations of the elements of a cause of action or conclusory legal statements." Id. At the same time, however, the factual allegations of a pro se complaint are to be liberally construed. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

Upon careful review of the complaint and any supporting exhibits, the Court finds that Plaintiffs claims should receive further consideration.

The Complaint

On July 15, 2010, while Plaintiff was incarcerated at Centralia, Defendant Payne physically assaulted him while escorting him to segregation. The incident began with a verbal altercation between Plaintiff and Defendant Payne. Plaintiff's hands were cuffed behind him. When they were out of view of any witnesses, Plaintiff claims Defendant Payne grabbed Plaintiff's cuffs and pushed down forcefully, then jerked the cuffs upward, hurting Plaintiff's wrists and shoulder and cutting his wrists until they bled. Defendant Payne then pushed Plaintiff's head into a door. Plaintiff asserts he offered no physical resistance at any time during these events.

Defendant Lowry then took custody of Plaintiff, escorted him to the shower area, and locked him in. Defendant Lowry then grabbed Plaintiff's shirt through the bars and yanked Plaintiff toward the bars. Plaintiff's head struck the bars, and Defendant Lowry punched Plaintiff's face with his fist. Again, Plaintiff maintains he did not resist and the attack was unprovoked. Defendant Moore stood by and watched Defendant Lowry's conduct without intervening. Defendant Lowry next removed Plaintiff's cuffs so he could strip and put on a segregation jumpsuit. Plaintiff's hands were cuffed behind him again, and Defendants Lowry and Moore took him to the segregation cell.

Defendant Lowry entered the cell with Plaintiff, where he punched Plaintiff in the jaw and kicked him in the stomach and chest. Defendant Moore again witnessed this behavior without intervention. A nurse came to the cell, cleaned up Plaintiff's ...


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