United States District Court, S.D. Illinois
JOSHUA VASQUEZ, No. M25484, Plaintiff,
VANDALIA CORRECTIONAL CENTER, SCOTT WORKMAN, HENRY ROBERTS, and C/O LIPSY, Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, Chief District Judge.
Plaintiff Joshua Vasquez, an inmate in Pinckneyville Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983, based on an October 30, 2014, incident at Centralia Correctional Center. Plaintiff was allegedly assaulted by multiple correctional officers and then denied medical care for his injuries.
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.
According to the complaint, on October 30, 2014, Plaintiff Vasquez was physically assaulted by Defendants Sgt. Scott Workman, Lt. Henry Roberts, and C/O Lipsy. More specifically, as Plaintiff was being escorted to his dormitory, Workman, Roberts and Lipsy began verbally harassing him about whether he had paid for his clothes. When Plaintiff questioned the officers, they cursed at him, handcuffed him, threw him against a van and then collectively "chicken-winged" him. As the defendant officers continued on with the escort, Sgt. Workman intentionally tripped Plaintiff, causing Plaintiff to fall face-first to the ground. Although Plaintiff's face was cut and scraped, the officers did not get him medical care. Verbal abuse continued, and C/O Lipsy threatened to mace Plaintiff. Only after they were directed to do so did the officers take Plaintiff to the medical unit. Plaintiff received ten stiches and was diagnosed as having other minor cuts and scratches, as well as a mild concussion. Plaintiff was transferred that same day (presumably to Pinckneyville Correctional Center) and placed in segregation.
Based on the allegations in the complaint, the Court finds it convenient to divide the pro se action into two counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion as to their merit.
Count 1: Defendants Workman, Roberts and Lipsy used excessive force against Plaintiff, in violation of the Eighth Amendment; and
Count 2: Defendants Workman, Roberts and Lipsy denied Plaintiff medical care for his serious medical injuries, in violation of the Eighth Amendment.
Plaintiff seeks declaratory judgment, as well as nominal, compensatory ...