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Miller v. Boone

United States District Court, S.D. Illinois

August 29, 2016

BRIAN MILLER, #M-11879, Plaintiff,



         Plaintiff 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).

         This 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.

         The Complaint

         While 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.).

         Moments 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.

         Upon 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.

         After 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.

         Plaintiff 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 9-10).

         Merits Review Under 28 U.S.C. § 1915A

         Based 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 ...

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