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Malone v. IDOC, Wexler Health Care Services Corp.

United States District Court, S.D. Illinois

October 17, 2016

WILLIAM A. MALONE, # B-52858, Plaintiff,
v.
IDOC, WEXLER HEALTH CARE SERVICES CORPORATION, C/O BAILEY, C/O WINBERRY, and CLIFF W. VANZANDT, Defendants.

          MEMORANDUM AND ORDER

          MICHAEL J. REAGAN U.S. District Judge

         Plaintiff William Malone filed a pro se civil rights action in this District pursuant to 42 U.S.C. § 1983 against more than fifty-three defendants for violations of his federal constitutional and statutory rights at Pinckneyville Correctional Center (“Pinckneyville”) between 2013 and 2015. See Malone v. Lashbrook, et al., No. 16-cv-200-SMY (S.D. Ill. 2016) (“original case”) (Doc. 2, instant case). The complaint included numerous unrelated claims against different defendants (id.). Pursuant to an order dated August 29, 2016, the Court severed the original case into eight additional matters (Doc. 1, instant case). The instant case represents one of the newly-severed cases.

         Specifically, this case addresses three claims that Plaintiff asserted against the Illinois Department of Corrections (“IDOC”), Wexler Health Care Services Corporation (“Wexler”), Cliff Vanzandt (counselor), C/O Bailey (correctional officer), and C/O Winberry (correctional officer):

COUNT 10: Claims under the Americans with Disabilities Act against Defendants IDOC and/or Wexler for failing to provide adequate access to ADA programs, jobs, showers, and clothing between October 2014 and September 2015, and against Defendant Bailey for refusing Plaintiff an ADA shower on February 7, 2014.
COUNT 11: Claim against Defendant Bailey for threatening Plaintiff with segregation on January 2, 2015, if he requested a shower more than once per week.
COUNT 12: Claims against Defendants Bailey, Winberry, and Vanzandt for issuing false disciplinary reports against Plaintiff on August 29, 2015.

         Counts 10, 11, and 12 are the only claims at issue in this severed case. In connection with them, Plaintiff seeks compensatory and punitive damages.

         This matter is now before the Court for preliminary review pursuant to 28 U.S.C. § 1915A. Under § 1915A, the Court is required to filter out nonmeritorious claims. 28 U.S.C. § 1915A(a). The Court must dismiss any newly-severed claim 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). Counts 10, 11, and 12 do not survive preliminary review under this standard and shall therefore be dismissed.

         The Complaint

         The claims at issue in this case largely arise from alleged violations of Plaintiff's rights under the Americans with Disabilities Act (“ADA”) (id.). In the complaint, Plaintiff alludes to the fact that he requires a wheelchair to mobilize (Doc. 2, p. 13). He goes on to list instances in which he was allegedly denied access to programs or services at Pinckneyville, including the following:

10/10/14 - Admin. Continues to Not Provide ADA Programs for ADA's.
1/2/15 - C/O Baily Falsly Stateing That Rules & Regulations By Law ADA's Are Limited to One Shower A Week, If Plaintiff Requests One More Shower, Seg.
12/1/14 - Admin. Refused ADA Plaintiff Proper Clothing For Winter Weather.
12/30/14 - IDOC - P.C.C. - Refused All ADA's Plaintiff EEOC Jobs for Plaintiff. . . . No Showers Provided ADA Plaintiff Suffers.
2/17/15 - Refused ADA Shower By C/O Bailey.
8/29/15 - Issueing Plaintiff False IDR's By: C/O Winberry, C/O Bailey & ...

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