United States District Court, C.D. Illinois, Urbana Division
MERIT REVIEW OPINION
COLIN S. BRUCE, District Judge.
This cause is before the Court for a merit review, pursuant to 28 U.S.C. § 1915A, of Plaintiff Darrick Williams' claims and on 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 has filed the instant suit under 42 U.S.C. § 1983 against various Defendants alleging a violation of his Eighth Amendment right to be free from cruel and unusual punishment. Williams alleges a litany of wrongs committed by the named Defendants that began when he and ninety-nine other inmates housed at the Danville Correctional Center were removed from their cells and were placed in the Center's gymnasium due to overcrowding.
The United States Supreme Court has made clear that "[t]he Eighth Amendment does not outlaw cruel and unusual conditions;' it outlaws cruel and unusual punishments.'" Farmer v. Brennan, 511 U.S. 825, 837 (1994). This means that "an official's failure to alleviate a significant risk that he should have perceived but did not, while no cause for commendation, cannot... be condemned as an infliction of punishment." Id. at 838. Accordingly, "a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of the facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id. at 837.
This type of deliberate indifference "implies at a minimum actual knowledge of impending harm easily preventable, so that a conscious, culpable refusal to prevent the harm can be inferred from the defendant's failure to prevent it." Duckworth v. Frazen, 780 F.2d 645, 653 (7th Cir. 1985). "[M]ere negligence or even gross negligence does not constitute deliberate indifference, " Snipes v. DeTella, 95 F.3d 586, 590 (7th Cir. 1996), and it is not enough to show that a prison official merely failed to act reasonably. Gibbs v. Franklin, 49 F.3d 1206, 1208 (7th Cir. 1995), abrogated on other grounds, Haley v. Gross, 86 F.3d 630, 641 (7th Cir. 1996).
Williams has sufficiently alleged a claim against Defendants S.A. Godinez, J. Montgomery, Keith Anglin, and Victor Calloway for violating his Eighth Amendment rights based upon the conditions of his confinement. Williams alleged squalid and unsanitary conditions that caused him direct harm. Williams also alleged that each of these Defendants were personally aware of the conditions as they each visited the Danville Correctional Center, they each had discussions regarding the conditions, and (giving the Complaint the liberal reading that it must), and they each bore some responsibility for the conditions. Budd v. Motley, 711 F.3d 840, 843 (7th Cir. 2012)(holding that a conditions of confinement claim generally requires a factual development of the record).
However, the Court finds that Williams' Complaint fails to state a cause of action against Defendants Patrick Quinn, Mary Miller, and R. Jakubowski because these Defendants lack the personal responsibility necessary to hold them liable under § 1983. As for Governor Quinn, the mere fact that he may be generally aware of prison overcrowding and that he is the head of the State's executive branch is insufficient to hold him liable for Williams' conditions of confinement claim. Carrea v. California, 2009 WL 1770130, * 5-6 (C.D. Cal. June 18, 2009) (holding that the governor could not be held liable under § 1983 for inadequate medical care of inmates just because high profile litigation and news reports existed regarding the prison medical system and care in California).
Similarly, Mary Miller and R. Jakubowski cannot be held personally liable either. "[I]ndividual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.'" Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010)(quoting Palmer v. Marion County, 327 F.3d 588, 594 (7th Cir. 2003)). The Seventh Circuit has explained that the doctrine of respondeat superior (a doctrine whereby a supervisor may be held liable for an employee's actions) has no application to § 1983 actions. Gayton v. McCoy, 593 F.3d 610, 622 (7th Cir. 2010). Instead, in order for a supervisor to be held liable under § 1983 for the actions of his subordinates, the supervisor must "approve of the conduct and the basis for it." Chavez v. Illinois State Police, 251 F.3d 612, 651 (7th Cir. 2001); Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995)("An official satisfies the personal responsibility requirement of section 1983... if the conduct causing the constitutional deprivation occurs at [his] direction or with [his] knowledge and consent.")(internal quotation omitted). "[S]upervisors must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see. They must in other words act either knowingly or with ...