United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
Brian Miller, an inmate who is currently incarcerated at
Menard Correctional Center (“Menard”), brings
this civil rights action pursuant to 42 U.S.C. § 1983
(Doc. 1) for constitutional deprivations that occurred in
2014 during his incarceration at Shawnee Correctional Center
(“Shawnee”) (Doc. 1, pp. 6-11). According to the
Complaint, Plaintiff was subjected to the unauthorized use of
excessive force by prison officials and the denial of
adequate medical care for his resulting injuries
(id.). Prison officials ignored his grievances
regarding the same (id.). He now sues the following
defendants for violating his rights under the Eighth and
Fourteenth Amendments: C/O Boone, C/O Stallings, C/O
Jefferson, C/O Kaufman, C/O Jones, C/O John Doe, LPN Jane
Doe, and Major John Doe. Plaintiff seeks monetary relief
(id. at 12).
case is now before the Court for a preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under §
1915A, the Court is required to promptly screen prisoner
Complaints to filter out nonmeritorious claims. 28 U.S.C.
§ 1915A(a). The Court is required to dismiss any portion
of the Complaint that is legally frivolous, malicious, fails
to state a claim upon which relief may be granted, or asks
for money damages from a defendant who by law is immune from
such relief. 28 U.S.C. § 1915A(b). The Complaint
survives preliminary review under this standard.
being escorted to segregation at Shawnee on October 20, 2014,
Plaintiff informed C/O Boone that his cuffs were too tight
and he asked the officer to loosen them (Doc. 1, p. 6). In
response, C/O Boone told Plaintiff to “shut the fuck up
[and] quit being a bitch” (id.). When
Plaintiff pleaded with C/O Boone to loosen the cuffs, the
officer slammed him face-first onto the pavement. He began
punching Plaintiff and, as he did so, C/O Boone summoned
other officers to assist him (id.).
later, C/O Stallings, C/O Jefferson, C/O Kaufman and C/O
Jones arrived and proceeded to beat and kick Plaintiff. They
dragged him across the concrete while threatening him and
making harassing comments (id. at 6-7). Plaintiff
lost consciousness. When he awoke, Plaintiff discovered that
he was in a segregation housing unit “cage”
(id. at 7). Major John Doe, an unknown major, was
standing over him. Plaintiff asked Major Doe how he could let
the correctional officers do this and the major told him to
“shut up you fucking piece of shit or you'll get
some more” (id.). Plaintiff then asked the
major for medical treatment. In response, Major Doe stated,
“Hell naw we haven't even begun yet that's just
the begining, there's plenty more in store”
(id.). At that, Major Doe and several other prison
officials left Plaintiff alone in the cage.
their return, Plaintiff was taken to see an unknown nurse,
LPN Jane Doe. The Complaint offers no description of
Plaintiff's injuries. Nevertheless, he characterizes the
medical treatment that she provided as “mediocre”
(id. at 8). LPN Doe gave him ice cubes and Tylenol.
She took photos of his injuries and prepared an injury
assessment. Plaintiff noted that the nurse followed the
instructions of the officers when preparing the report.
Plaintiff returned to segregation, he experienced back pain,
swelling in his joints and headaches. He requested additional
medical care, but his requests were denied (id. at
8-9). The officers in segregation told him that they were
instructed to deny his requests for medical care.
filed several grievances to complain about the use of
excessive force against him by the above-referenced officers
and two unknown officers (C/O Doe) that “joined
in” (id. at 9). He also complained about the
subsequent denial of medical care. However, each of his
grievances was delayed, denied, or ignored (id. at
Review Under 28 U.S.C. § 1915A
on the allegations, the Court finds it convenient to divide
the pro se Complaint into the following 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 regarding their merit.
Count 1:Eighth Amendment excessive force and/or failure to
intervene claim against Defendants for the events that
occurred at Shawnee on or around October 20, 2014.
Count 2:Eighth Amendment deliberate indifference to serious
medical needs claim against Defendants for denying Plaintiff
adequate medical care for the injuries he sustained at
Shawnee on or around October 20, 2014.
Count 3:Fourteenth Amendment due process claim against
Defendants for delaying, denying, or ignoring Plaintiff's
grievances following the events that occurred at ...