United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, United States District Court Chief Judge.
Michael Nieto, an inmate in Stateville Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983, for actions that
occurred at Menard Correctional Center. Plaintiff requests
punitive, compensatory, and injunctive relief. 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
action or claim is frivolous if “it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). An action fails to state
a claim upon which relief can be granted if it does not plead
“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). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
Complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
28 U.S.C. § 1915A, the Court is required to conduct a
prompt threshold review of the complaint. After fully
considering the allegations in Plaintiff's complaint, the
Court concludes that the complaint fails to state a
constitutional claim upon which relief may be granted, and
shall be dismissed without prejudice. However, Plaintiff
shall be allowed an opportunity to submit an amended
complaint, to present any factual allegations that may exist
to support a claim for retaliation and/or due process
violations. If the amended complaint still fails to state a
claim, or if Plaintiff does not submit an amended complaint,
the entire case shall be dismissed with prejudice, and the
dismissal shall count as a strike pursuant to § 1915(g).
The amended complaint shall be subject to review pursuant to
30, 2013, Ronsom was listed as a witness in a disciplinary
report that Plaintiff received for fighting. (Doc. 1, p. 5).
On February 15, 2014, Ronsom fabricated another disciplinary
report against Plaintiff, claiming that he found two homemade
weapons in Plaintiff's cell. (Doc. 1, p. 5). Ronsom's
report listed no witnesses, included no shakedown slips, and
did not specify what happened to the weapons. (Doc. 1, p. 6).
appeared before the adjustment committee on February 20, 2014
and requested a polygraph test. (Doc. 1, p. 6). Hart and
Hughes denied Plaintiff's request for a polygraph test
and instead accepted Ronsom's report as written. (Doc. 1,
p. 6). Plaintiff was sentenced to segregation. (Doc. 1, p.
7). Hart and Hughes never reviewed a shakedown slip or viewed
the actual weapons at issue. (Doc. 1, p. 7). Harrington, the
warden, approved the adjustment committee's findings on
February 21, 2014. (Doc. 1, p. 7).
grieved this issue on March 12, 2014. (Doc. 1, p. 7). Carter
denied the grievance on April 14, 2014. (Doc. 1, p. 8).
Butler, who was the warden by that time, concurred in the
denial on April 21, 2014. (Doc. 1, p. 8). Green and Godinez
ultimately denied the grievance at the Administrative Review
Board level. (Doc. 1, p. 8).
also alleges that the unknown unit lieutenant had a duty to
shake down the cell prior to Plaintiff's placement there
to be sure that no contraband ...