United States District Court, S.D. Illinois
WILLIAM A. MALONE, # B-52858, Plaintiff,
C/O FRITTS, and UNKNOWN PARTY, Defendants.
MEMORANDUM AND ORDER
M. YANDLE United States District Judge.
matter is before the Court for a status review. Plaintiff is
incarcerated at Pinckneyville Correctional Center
("Pinckneyville"). On August 29, 2016 (Doc. 9),
Plaintiffs original pro se Complaint in this civil
rights action was dismissed and several claims were severed,
resulting in eight new separate actions. The only claim
remaining in the present action is Count 1, summarized by the
Court as follows:
Count 1: Retaliation claims against
Defendant Fritts, for taking unspecified action on 1/12/14
and 2/13/14 against Plaintiff because Plaintiff filed
complaints; and against unidentified Defendants for planting
contraband in Plaintiffs cell on 5/13/14.
was ordered to submit an amended complaint, limited to the
claims in Count 1 only, no later than October 3, 2016, in
order to proceed with these retaliation claims. Plaintiff was
warned that if the amended complaint still failed to state a
claim, or if he failed to submit an amended complaint, the
entire case would be dismissed with prejudice and the
dismissal would count as a strike pursuant to 28 U.S.C.
§ 1915(g) (Doc. 9, pp. 11, 17-18; Doc. 11).
September 29, 2016, Plaintiff submitted a 26-page
"Motion to File First Amended Complaint" (Doc. 12).
However, he did not submit a separate amended complaint. In
keeping with the Court's obligation to liberally construe
documents filed by pro se plaintiffs, see Haines
v. Kerner, 404 U.S. 519, 520-21 (1972); Donald v.
Cook Cnty. Sheriff's Dep't, 95 F.3d 548, 555
(7th Cir. 1996), the Court will consider whether the motion
itself may be construed as the First Amended Complaint.
Motion to File First Amended Complaint (Doc.
begins by describing a grievance he wrote on September 29,
2011 to complain about another inmate (Hernandez) who had
threatened his life and punched him (Doc. 12, pp. 1-3). C/O
Bryant failed to take Plaintiff to health care or to write an
incident report. The inmate had been moved to another housing
area, but recently was placed back on Plaintiffs wing. C/O
Bryant and C/O Ebbers failed to take any steps to protect
Plaintiff. Plaintiff then requests the Court to order his
transfer to Dixon Correctional Center ("Dixon")
(Doc. 12, pp. 4, 6). He notes that the above series of events
directly resulted from an October 2010 incident where the
Pinckneyville Law Library publicly posted information on
Plaintiffs criminal case and his father's criminal case,
which incited inmates and staff to target him for violence
next turns to a grievance he wrote on February 13, 2013,
(Grievance # 2-174-13) regarding retaliation for a prior
lawsuit he brought in 2012 against Pinckneyville officials
(Doc. 12, pp. 7-9). Defendant Fritts discussed with Plaintiff
the basis for his grievance, which involved Plaintiffs fears
for his life, prison staff abusing their authority, and
contraband found in cells (Plaintiff includes no specific on
these matters). Defendant Fritts called Internal Affairs and
the Health Care Unit to confirm Plaintiffs complaints. She
called in C/O Bryant, who responded that he "F***ed
up" (Doc. 12, p. 7). Defendant Fritts then submitted
Plaintiff for a transfer to Dixon, and promised she would get
him there. However, the transfer was denied on April 5, 2013.
Plaintiff also references another lawsuit, Malone v.
Goetting, Case No. 13-cv-38 (S.D. 111.), and notes that
the defendant(s) in that case (Goettings) controlled the
Clinical Services Department and Records Office, suggesting
that those defendants had a role in the denial of his
transfer (Doc. 12, pp. 8-9).
still another grievance of March 27, 2013, Plaintiff states
he was given a job in the laundry "to ease the sting of
not getting Plaintiff out" of Pinckneyville (Doc. 12, p.
9). The inmate (Hernandez) who had previously threatened
Plaintiff walked into the laundry while Plaintiff was working
there. Hernandez and several other Latino inmates went into
the supervisor's office, where they began speaking in
Spanish and pointing at Plaintiff. On his way out, Hernandez
told Plaintiff that the other inmates knew Plaintiff was a
snitch, and he would not be working there long. Soon after
this, Plaintiffs co-worker inmates began threatening him, and
a group of officers then targeted Plaintiff for shakedowns
(Doc. 12, pp. 10-11). For several days in a row, Plaintiff
was told not to report to work and his cell was searched
repeatedly. Officers Bryant, Ebbers, Belford, and Moyett
taunted Plaintiff and falsely announced he was fired from his
job for stealing. Plaintiff complained to Defendant Fritts
and Counselor Hubbard about these incidents and his concern
that his cellmates were threatening to set him up to be
removed from the cell and fired from the laundry job (Doc.
12, p. 11). He believes that he was treated in this manner by
the officers in retaliation for his lawsuits (Doc. 12, pp.
13, 2013, Plaintiff was sent to segregation based on
"false accusations, do [sic] to this Administrations
exercising retaliation" (Doc. 12, p. 13). He had
previously spoken to Counselor Hubbard about his fears that
his cellmates were trying to set him up and plant contraband
in his area of the cell. The move to segregation came after
C/O Bowerman claimed to have found unauthorized medication in
Plaintiffs cell (Doc. 12, p. 15). Plaintiff lists 18
individuals,  including Defendant Fritts, whom he
alleges were involved in the violations of his rights that
were triggered by the Law Library's posting of his and
his father's criminal cases (Doc. 12, pp. 15-16). He then
references another May 13, 2013, grievance over his refusal
to sign a property sheet after he was moved to segregation
(Doc. 12, p. 16). He requests relief, specifically the
continuation of his medications and "protection from
foul play" (Doc. 12, p. 17).
August 1, 2013, Plaintiff had been transferred to Dixon on a
court writ, and refused to return to Pinckneyville. He was
forced to return there and was placed in segregation when he
got back (Doc. 12, p. 18).
filed another grievance on January 21, 2014, complaining
about C/O Bowerman, who verbally harassed him, shook down his
cell, and threw away his personal property (Doc. 12, pp.
18-19). He requests reimbursement for the destroyed items.
Plaintiff again references the February 2013 transfer request
prepared by Defendant Fritts (Doc. 12, p. 19). He includes
copies of a memorandum from Defendant Fritts, as well as
several related documents explaining the denial of numerous
transfer requests (Doc. 12, pp. 22-25).
Review Pursuant to 28 ...