United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Shung Moore, an inmate in Menard Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff requests
declarative relief, along with compensatory and punitive
case is now before the Court for a preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A, which provides:
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.
Grounds for Dismissal - On review, the court
shall identify cognizable claims or dismiss the complaint, or
any portion of the complaint, if the complaint-
frivolous, malicious, or fails to state a claim on which
relief may be granted; or
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.
27, 2014, Ziegler handcuffed Plaintiff to escort him to the
medical unit to receive insulin. (Doc. 1, p. 11). Plaintiff
told Ziegler the handcuffs were on too tight; Ziegler tested
them, found them fine, and refused to loosen them.
Id. Plaintiff called Ziegler a jackass when they
reached medical. Id. When it came time to escort
Plaintiff back to his cell, Ziegler then radioed for
assistance, and Newcomb came to assist Ziegler. Id.
When they reached Plaintiff's cell, Ziegler shoved
Plaintiff into the cell, and then pulled the lead cuff-a
short chain extending from a pair of handcuffs used to
maintain control of a prisoner-through the chuck hole. (Doc.
1, p. 12). Plaintiff was still handcuffed at this time.
Id. Ziegler then began to pull and release the lead
cuff in a manner that exerted an extreme downward pressure on
Plaintiff's wrists, arms, and shoulders, causing him
intense pain. Id. Ziegler also un-cuffed Plaintiff
abruptly, causing him to fall. Id. Ziegler
threatened Plaintiff and left. Id. Newcomb failed to
intervene at any time during this sequence of events.
submitted a sick call slip on July 26, 2014,  requesting
treatment for the injuries he received as a result of the
assault. Id. The next day, July 27, 2014, Plaintiff
filed an emergency grievance to Butler describing the
assault. Id. Plaintiff also sent a letter to
internal affairs (“IA”) regarding the assault and
requesting that they preserve video tape evidence. (Doc. 1,
p. 13). Spiller and Phelps interviewed Plaintiff regarding
the alleged assault on July 29, 2014. Id. Plaintiff
showed them his swollen, lacerated, and bleeding wrists.
Id. He requested that Spiller and Phelps take
pictures of his injuries, but they refused. Id.
30, 2014, Loucks came to Plaintiff's cell to escort him
to the health care unit for insulin. Id. Loucks
waited for Harris to arrive; Harris then cuffed Plaintiff.
Id. Plaintiff alleges that Harris cuffed Plaintiff
to the “crushing point, ” causing him to
experience intense throbbing pain in his wrists. Id.
Harris then thanked Loucks for allowing him to cuff
Plaintiff. Id. Loucks escorted Plaintiff past
Ziegler, who mocked Plaintiff. Id.
saw Watkins and asked to speak to him. Id. Plaintiff
told Watkins that Loucks, Harris, and Ziegler had worked
together to put extremely tight handcuffs on him and then
taunted him about them. (Doc. 1, p. 14). Plaintiff showed
Watkins the handcuffs. Id. Watkins asked Plaintiff
some questions, but did not address Plaintiff's
handcuffs. Id. Plaintiff asked Loucks to loosen his
handcuffs after he was placed in the medical bullpen, and two
minutes later, Loucks did so. Id. Plaintiff
submitted a grievance on this issue on August 3, 2014, which
his counselor returned to him as “unable to
resolve.” (Doc. 1, p. 15) Watkins then came to talk to
Plaintiff. (Doc. 1, p. 13). Watkins asked Plaintiff whether
he had threatened to kill officers. Id. Plaintiff
denied it. Id.
30, 2014, Butler denied that Plaintiff's grievance was an
emergency; the next day Plaintiff submitted the grievance to
his counselor. Id. Plaintiff also submitted another
medical request slip regarding his wrist injuries on July 31,
2014. (Doc. 1, p. 15). On August 3, 2014, Plaintiff was once
again escorted to the health care unit for insulin.
Id. On that day, Plaintiff suffered from
hypoglycemia and was feeling lethargic and incoherent.
Id. Harris appeared escorting another inmate and
said, “You gonna keep fucking staring at me?”
Id. Harris then told Plaintiff to turn around and
face the wall, which Plaintiff did. Id. Plaintiff
felt humiliated by this incident. Id.
August 11, 2014, Dr. Trost and Nurse Smith examined
Plaintiff's injuries. (Doc. 1, p. 16). Plaintiff told
Trost that he had been denied this medical treatment for two
weeks and he believed that Lang was responsible for the
failure to treat him because he had written a grievance about
her. Id. Plaintiff also believes that Lang conspired
with Ziegler and Newcomb. Id. Plaintiff told Trost
that his injuries had healed or did not hurt as much.
Id. Trost ordered an x-ray, which came back
negative. (Doc. 1, pp. 16-17).
August 12, Monje interviewed Plaintiff regarding the alleged
assault by Ziegler and Newcomb. Id. Monje looked at
Plaintiff's wrists. Id. He also told him that a
review of the video surveillance would be conducted.
Id. Later, C/O Berry told Plaintiff that he had
actually watched video footage of the assault. (Doc. 1, p.
August 20, 2014, Harris and Weaver came to Plaintiff's
cell and ordered Plaintiff to cuff up so that they could take
his cellmate to the shower. (Doc. 1, p. 17). Harris placed
handcuffs on Plaintiff to the “crushing point.”
Id. Harris then mocked Plaintiff for filing
grievances. Id. He then un-cuffed Plaintiff
“roughly.” Id. On August 27, 2014,
Harris scowled at Plaintiff. Id.
December 2, 2014, Plaintiff sent an appeal of his grievance
complaining that Ziegler and Newcomb assaulted him to the
ARB. (Doc. 1, p. 19). On December 9, 2014, he asked Newcomb
for another dietary tray, and Newcomb replied that Plaintiff
had filed grievances against him. Id. Plaintiff
submitted an affidavit form Michael Reyes stating that
Newcomb gave Plaintiff another tray. (Doc. 1-2, p. 14).
on the allegations of the Complaint, the Court finds it
convenient to divide the prose action into
ten counts. The parties and the Court will use these
designations in all future pleadings and orders, ...