United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge.
Mack Smith, an inmate in Pickneyville Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks
compensatory damages and declarative 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.3d816, 821 (7th Cir.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; this action is subject to summary
alleges that on April 25, 2016 at approximately 12:30 pm, he
participated in a House 5 recreation period in Cage #2. (Doc.
1, p. 3). Defendant Wanack and John Does #1-6 came out to
inform the prisoners that the recreation period was over.
(Doc. 1, p. 3). At that time, several of the other inmates
became rowdy and started taunting Wanack. (Doc. 1, p. 3).
Those inmates refused to come to the gate to cuff up. (Doc.
1, p. 3). Plaintiff stands 6 feet 7 inches tall, and to avoid
an altercation, went to the gate to cuff up first. (Doc. 1,
p. 3). Plaintiff assumed the cuff-up position by placing his
hands behind his back, stooping, and placing his hands in the
chuck hole slot to be handcuffed, (doc. 1, p. 3).
Plaintiff placed his hands in the chuck hole, Wanack stated,
"Not you!" (Doc. 1, p. 4). Wanack then inserted his
hand into the chuck hole slot and pushed Plaintiff away.
(Doc. 1, p. 4). Plaintiff felt Wanack's fingers
"touch the crease of his buttocks." (Doc. 1, p. 4).
Plaintiff immediately hopped up and asked Wanack, "What
the fuck did he think he was doing?" (Doc. 1, p. 4).
Wanack laughed and said "Did I go deep enough?"
(Doc. 1, p. 4). Plaintiff then began telling Wanack that he
was a grown man and not a homosexual and did not participate
in homosexual activities. (Doc. 1, p. 4). Wanack told
Plaintiff that he was "not going to have this childish
conversation. . ." (Doc. 1, p. 4). Plaintiff felt
violated by the encounter. (Doc. 1, p. 4). Plaintiff alleges
that John Does #1-6 watched the incident, but did not
intervene. (Doc. 1, p. 5).
filed an emergency grievance with Defendant Lashbrook on
April 27, 2016. (Doc. 1, p. 5). Defendant Furlow conducted an
internal affairs investigation into the matter. (Doc. 1, p.
6). On July 9, 2016, Plaintiffs grievance was returned to him
and his allegations of sexual assault were found
unsubstantiated. (Doc. 1, p. 5).
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into three counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a