United States District Court, N.D. Illinois, Eastern Division
ST. EVE United States District Court Judge.
pending motion to dismiss for failure to state a claim filed
by Defendants Tarry Williams, C/O Gowdy and C/O Bonds  is
granted in part and denied in part. Plaintiff's motion
for attorney representation  is denied without prejudice.
This case remains set for status for Monday, October 17, 2016
at 8:30 a.m. Defendant Lt. K. Young, whose answer is overdue
[see 73], is instructed to file his responsive
pleading by October 17, 2016.
Deandre Lasean Bradley, a prisoner in the custody of the
Illinois Department of Corrections, filed this pro
se 42 U.S.C. § 1983 civil rights action, alleging
that Defendants were deliberately indifferent to his safety.
 In an order dated November 2, 2015, the Court found that
Plaintiff's amended complaint stated a colorable claim
for failure to protect against Defendants Lt. K. Young, Tarry
D. Williams, C/O Gowdy, C/O Bonds, and six John Doe
7, 2016, Defendants Williams, Gowdy, and Bonds moved to
dismiss the amended complaint, pursuant to Fed.R.Civ.P.
12(b)(6), on the basis that: (1) the complaint fails to
allege Defendants' conduct constituted deliberate
indifference to a substantial risk of harm to Plaintiff; (2)
the complaint fails to allege a plausible constitutional
claim against Defendants; and (3) the complaint fails to
state a claim against Defendants in their official capacity.
 Plaintiff filed a response.  Defendants filed a
reply.  For the reasons discussed below, Defendants'
motion is granted in part and denied in part.
amended complaint alleges that in February 2015, Lt. K. Young
moved Plaintiff out of his cell and placed him with a
prisoner he knew posed a risk to Plaintiff's safety. Lt.
K. Young allegedly did this in response to Plaintiff's
writing a Valentine's Day letter to a female correctional
officer. [15 at ¶ 4] Young knew the cellmate, who was
serving a ninety-five year sentence, was a threat to
Plaintiff's safety because, approximately one week prior,
Young had witnessed the cellmate and Plaintiff get into a
verbal altercation. [Id.] When Plaintiff was placed
in the cell with the inmate, the inmate indicated that he
would kill Plaintiff before Plaintiff was moved out of the
cell. [Id. at p 5] For several days, the inmate
continued to threaten Plaintiff. [Id.]
February 16, 2015, Plaintiff “wrote a grievance stating
what [he] was going through with [his] cellmate[, ] the
threats, the previous altercation, being in fear of [his]
life constantly.” Plaintiff marked the grievance an
emergency so that it would be “responded to
swiftly.” Plaintiff alleges that he waited over a
month, but received no response. [Id.] Plaintiff
claims that Williams receives all grievances that are marked
“emergency.” [Id. at p 9]
wrote letters to counselors and passed notes to correctional
officers explaining the situation with the inmate. Nothing
happened. The inmate's behavior grew worse and, on March
19, 2015, the inmate took a swing at Plaintiff but missed.
The inmate continued to make statements that placed Plaintiff
in fear for his safety.
point, Plaintiff asked C/O Gowdy if he could speak with
“a sergeant, lieutenant, crisis team member, anyone
that could help [him].” [Id.] When asked why,
Plaintiff indicated to C/O Gowdy that he was having a mental
breakdown and needed help.” Plaintiff alleges that he
told C/O Gowdy this because he did not want to “tip
[his] cellmate off.” [Id.] Plaintiff also
slipped C/O Gowdy a note “stating everything that was
going on about the previous altercation, with what [his]
cellmate was planning to do as far as pushing a C/O off the
third gallery and his threats and attempts to assault
me.” [Id.] C/O Gowdy looked at Plaintiff and
laughed, told Plaintiff that was not going to happen, and
walked away. [Id. at p 6-7] Plaintiff alleges that
during the 3-11 shift that same day and the 7-3 shift the
following day, he also wrote six John Doe correctional
officers “the same type of note.” Plaintiff also
passed a note to C/O Bonds. [Id. at p 7] Nothing
March 19, 2016, Plaintiff submitted an
“emergency” grievance, complaining, among other
things, that he was having a mental breakdown. This grievance
also indicated that Plaintiff's cellmate “[was]
trying to hurt [him]” and “[he] need[ed] to get
out of [the] cell.” [Id. at attach.]
Sunday, March 22, 2015, Plaintiff “reminded” C/O
Bonds about the letter he had given to him. Nothing happened.
[Id. at 7] At some point, after having received no
response to his pleas for assistance, Plaintiff cut his own
arm so that he would be removed from the cell. When a nurse
saw what Plaintiff did, she ran and got help and Plaintiff
was removed from the cell. [Id.]
motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) is meant to “test the sufficiency of the
complaint, not to decide the merits” of the case.
Gibson v. City of Chi., 910 F.2d 1510, 1520 (7th
Cir. 1990) (citation omitted). In evaluating a motion to
dismiss, we must accept all well-pleaded allegations in the
complaint as true and draw all reasonable inferences in the
plaintiff's favor. Cole v. Milwaukee Area Tech. Coll.
Dist., 634 F.3d 901, 903 (7th Cir. 2011); Thompson
v. Ill. Dep't. of Prof'l. Regulation, 300 F.3d
750, 753 (7th Cir. 2002). Pursuant to Federal Rule of Civil
Procedure 8(a)(2), a complaint must include a short and plain
statement of the claim, showing that the pleader is entitled
to relief. Fed.R.Civ.P. 8(a)(2). Accordingly, a court may
grant a motion to dismiss under Rule 12(b)(6) ...