United States District Court, C.D. Illinois, Springfield Division
JAMES F. WILLIAMS, JR., Plaintiff,
SANGAMON COUNTY JAIL, Defendant.
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, District Judge.
This cause is before the Court for a merit review, pursuant to 28 U.S.C. § 1915A, of Plaintiff James F. Williams, Jr.'s claims and for consideration of his motion for appointment of counsel.
MERIT REVIEW UNDER 28 U.S.C. § 1915(A)
Under 28 U.S.C. § 1915(e)(2) and § 1915A, the Court is required to carefully screen a complaint filed by a plaintiff who seeks to proceed in forma pauperis. The Court must dismiss a complaint, or a portion thereof, if the plaintiff has raised claims that are legally "frivolous or malicious, " that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is immune from such relief. Id .
The test for determining if an action is frivolous or without merit is whether the plaintiff can make a rational argument on the law or facts in support of the claim. Neitzke v. Williams , 490 U.S. 319, 325 (1989). A complaint fails to state a claim for relief if the complaint does not allege "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); Ashcroft v. Iqbal , 556 U.S. 662, 678-79 (2009).
In reviewing the complaint, the Court accepts the factual allegations as true and liberally construes them in plaintiff's favor. Turley v. Rednour , 729 F.3d 645, 651 (7th Cir. 2013). Conclusory statements and labels are insufficient. Fed.R.Civ.P. 8; Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012) (holding that, in order to determine if a complaint states a plausible claim, the court must take non-conclusory, non-speculative facts as true, draw all reasonable inferences in the pleader's favor, and isolate and ignore statements that simply rehash claim elements or offer only legal labels and conclusions). Instead, sufficient facts must be provided to "state a claim for relief that is plausible on its face." Alexander v. United States , 721 F.3d 418, 422 (7th Cir. 2013)(internal quotation omitted).
Williams is a pre-trial detainee located at the Sangamon County Jail and is currently awaiting trial. Williams alleges that on December 4, 2013, jail staff at the Sangamon County Jail (also known as the Sangamon County Detention Center) provided him with nail clippers that were unsanitary. Williams further alleges that, after using these unsanitary nail clippers to trim his toe nails, he developed an infection in his toes.
Williams contends that jail officials did not take him to the hospital until December 7, 2013 where he underwent a surgical procedure to drain and treat his infected toes. Williams was placed in solitary isolation upon his return from the hospital to the Jail. Williams seeks monetary damages in this suit.
The problem with Williams' Complaint is not that it fails to state a cause of action upon which relief can be granted. The Complaint most likely does.
The Fourteenth Amendment's due process clause provides protections to Williams as a pre-trial detainee. Brown v. Budz , 398 F.3d 904, 910 (7th Cir. 2005). In fact, the United States Court of Appeals for the Seventh Circuit has stated that the Fourteenth Amendment's protections are "at least as great as the protections available to a convicted prisoner under the Eighth Amendment.'" Tesch v. County of Green Lake , 157 F.3d 465, 473 (7th Cir. 1998) (quoting City of Revere v. Massachusetts Gen. Hosp. , 463 U.S. 239, 244 (1983)).
The problem with Williams' Complaint is that it fails to name or identify a proper party defendant. Williams has filed this suit under 42 U.S.C. § 1983. Section "1983 applies only to a person' who acts under color of state law." Dye v. Wargo , 253 F.3d 296, 299 (7th Cir. 2001). The "Sangamon County Jail" is not a "person" that may be sued under § 1983. Wright v. Porter County , 2013 WL 1176199, * 2 (N.D. Ind. Mar. 19, 2013)("Wright also sues the jail itself, but this is a building, not a person' or even a policy-making ...