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Jimi P. Mcdonald v. Robert Lovell

August 20, 2012

JIMI P. MCDONALD, PLAINTIFF,
v.
ROBERT LOVELL, A. DALLAS, RICK DENSMORE, AND DERWIN L. RYKER, DEFENDANTS.



The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER REAGAN, District Judge:

Plaintiff Jimi P. McDonald, currently incarcerated at Logan Correctional Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff, a dietary department worker, claims that a caustic cleaning product-a degreaser known as "green soap"-caused a painful rash on his arms, upper torso and legs, which became so severe that his nipples bled. According to Plaintiff, he was not trained, nor was he provided safety equipment or clothing, his complaints were ignored, and he was not provided prompt medical care. Plaintiff claims that the four defendant prison officials violated his rights under the Eighth Amendment. See Doc. 1.

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, 556 U.S. 662, 678 (2009).

Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; portions of this action are subject to summary dismissal.

Discussion

The Eighth Amendment proscription on the infliction of cruel and unusual punishment requires that the government "provide humane conditions of confinement" and "ensure that inmates receive adequate food, clothing, shelter, and medical care." Farmer v. Brennan, 511 U.S. 825, 832 (1994).

Unsafe prison working conditions can constitute an Eighth Amendment violation. Bagola v. Kindt, 131 F.3d 632, 646 (7th Cir. 1997). To be liable, a prison official must have acted with deliberate indifference and must ...


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