United States District Court, S.D. Illinois
WILLIAM A. WHITE,
UNITED STATES of AMERICA Defendants.
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge.
William A. White, an inmate in United States Penitentiary
Marion (“USP-Marion”), brings this action
pursuant to the Federal Tort Claims Act (“FTCA”)
alleging “torture, negligence, breach of duty of case,
[and] intentional infliction of . . . emotional
distress.” (Doc. 1, p. 11). 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.3d 816, 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 Defendant United States inflicted post-traumatic
stress disorder (“PTSD”) on him on three
different occasions and exacerbated the disorder on several
others. Plaintiff alleges that the initial acts in question
occurred between October 17, 2008 and June 8, 2015. (Doc. 1,
p. 13). Between October 17, 2008 and December 29, 2009,
Plaintiff was incarcerated at the Roanoke City Jail in
Roanoke, Virginia, and at the Metropolitan Correction Center
in Chicago, Illinois (“MCC-Chicago”). (Doc. 1, p.
12). Plaintiff alleges that he was arrested on October 17,
2008. (Doc. 1, p. 16). Upon his arrest, he was subjected to
sleep deprivation for a week. (Doc. 1, p. 16). He was placed
in a 7 by 7 room with no exterior window under constant
bright light. (Doc. 1, p. 16). Plaintiff did not receive
hygiene items or clothes. (Doc. 1, p. 16). Plaintiff alleges
that a Roanoke City Sheriff deliberately deprived him of
sleep on the orders of the U.S. Marshals Service. (Doc. 1, p.
November 7, 2008, Plaintiff was transferred to MCC-Chicago.
(Doc. 1, p. 16). He was placed in an unheated cell and issued
no linens or blankets. (Doc. 1, p. 17). These conditions
persisted for five days, and Plaintiff had to survive by
wrapping a mattress around himself. (Doc. 1, p. 17). At some
point, Plaintiff was transferred to a different cell. That
cell flooded with sewage on November 28, 2008. (Doc. 1, p.
17). Plaintiff alleges that he was left in 1 inch of feces
for approximately 24 hours. (Doc. 1, p. 17). Plaintiff was
placed in a cell overrun by cockroaches at some point between
November 7, 2008 and December 29, 2008. (Doc. 1, p. 17).
Plaintiff also alleges he witnessed violence against other
inmates during this time period. (Doc. 1, p.17).
was placed in the SHU in May 2009 while being investigated.
(Doc. 1, p. 23).
September 1, 2010 and April 20, 2011, Plaintiff was
incarcerated at the Federal Correctional Institution-Beckley
(“FCI-Beckley”) and the MCC Chicago. (Doc. 1, p.
12). Plaintiff was incarcerated at the Seminole County Jail
in Sanford, Florida, from May 20, 2014 until November 26,
2014. (Doc. 1, p. 12). Plaintiff arrived at FCI Beckley on
April 28, 2010. Plaintiff alleges that he has severe
allergies and must take daily medication to avoid developing
a chest infection. (Doc. 1, p. 18). At FCI-Beckley,
Plaintiff's normal medication, Loratadine, was not
available. (Doc. 1, p. 18). Plaintiff developed bronchitis
and pneumonia. (Doc. 1, p. 18) After he recovered for those
conditions, Plaintiff was prescribed chlorpheniramine. (Doc.
1, p. 18).
was charged with fighting on September 1, 2010 and taken to
the SHU at FCI-Berkley. (Doc. 1, p. 18). Plaintiff alleges he
was detained there “long past the time one would
typically be detained for fighting.” (Doc. 1, p. 18).
While in the SHU, Plaintiff experienced visions of a large
black sphere that communicated with him about the origins of
humanity. (Doc. 1, p. 19-20). Plaintiff alleges that his
letters to his family became incoherent during this period,
and when they contacted the facility, the facility did
nothing. (Doc. 1, p. 20). Plaintiff eventually returned to
MCC-Chicago where he persisted in an unresponsive state,
until another inmate suggested that the chlorpheniramine
pills were to blame; Plaintiff stopped taking the pills, and
his condition improved. (Doc. 1, p. 21).
was released from custody in 2011. (Doc. 1, p. 21). Plaintiff
continued to experience psychiatric difficulties and
attributes his behavior during that time to his mental
problems. (Doc. 1, p. 21).
was arrested on June 8, 2012 in Mexico and placed in Federal
Detention Center-Miami (“FDC - Miami”). He was
placed in the SHU without explanation. (Doc. 1, p. 23). He
was then transported to Federal Transfer Center-Oklahoma
(“FTC-Oklahoma”) and “black boxed”
without explanation. (Doc. 1, p. 23). While at FTC-Oklahoma,
Plaintiff was housed in the SHU. (Doc. 1, p. 12). Plaintiff
was “black boxed” and given SHU housing again
while transferred from Federal Correctional Institution
Loretto (“FCI-Loretto”) to MCC-Chicago between
January 7, 2012 and January 14, 2013. (Doc. 1, p. 23).
Plaintiff alleges this happened because he was mistakenly
designated a sovereign citizen. (Doc. 1, p. 23-24). Plaintiff
was placed in the SHU again from January 23, 2013 until
January 26, 2013 at MCC-Chicago without explanation. (Doc. 1,
p. 24). Plaintiff was placed in the SHU at Federal Detention
Center-Philadelphia without explanation between June 10, 2013
and June 12, 2013. (Doc. 1, p. 24). He was then transferred
twice, and placed in secure housing both times at Federal
Correctional Institution-Petersburg in Virginia and the
Virginia Central Regional Jail between June 12, 2013 and June
19, 2013. (Doc. 1, p. 24).
was re-incarcerated again on May 13, 2014 in the Seminole
County Jail in Sanford, Florida. (Doc. 1, p. 22). Plaintiff
was once again placed in a 7 x 7 cell, subjected to light 24
hours a day, and placed under video surveillance that was
broadcast through the jail to other inmates and visitors.
(Doc. 1, p. 22). Plaintiff's access to hygiene products
was minimal, and he was not allowed to shave or cut his hair.
(Doc. 1, p. 22). He was not allowed to exercise outside.
(Doc. 1, p. 22). Plaintiff entered a 7-day dissociative state
that he attributes to these conditions. (Doc. 1, p. 22). He
further alleges that Seminole County told him those
conditions were “per the U.S. Marshals.” (Doc. 1,
December 23, 2014 to January 9, 2015, Plaintiff was
“black-boxed” in transit and then placed in the
SHU at FTC-Oklahoma. (Doc. 1, p. 24). As a result of the
method of transit, Plaintiff suffered a wrist injury. (Doc.
1, p. 24). Plaintiff alleges that he was told that he had
been “validated” as a gang leader, but Plaintiff