United States District Court, S.D. Illinois
WILLIAM A. MALONE, # B-52858, Plaintiff,
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
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
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
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.
10, 11, and 12 are the only claims at issue in this severed
case. In connection with them, Plaintiff seeks compensatory
and punitive damages.
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.
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
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
12/30/14 - IDOC - P.C.C. - Refused All ADA's Plaintiff
EEOC Jobs for Plaintiff. . . . No Showers Provided ADA
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 & ...