United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge.
Bradley Beehn, an inmate in Robinson Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 for events that
occurred at Shawnee Correctional Center. Plaintiff seeks
monetary damages. 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 dismissal.
began experiencing pain and discomfort in his stomach in
April 2016. (Doc. 1, p. 6). On April 7, 2016, while in the
recreational yard at Shawnee Correctional Center, Plaintiff
had to use the bathroom because he was suffering from severe
pain and diarrhea. Id. He asked the correctional
officer on duty to unlock the bathroom on the yard, but the
officer refused. Id. Plaintiff decided to defecate
in the corner of the yard, for which he was given a ticket.
wrote grievances regarding his health issue in May and June
2016. Id. At Shawnee, inmates are frequently
confined to their cells for 22 hours a day. Id. On
more than one occasion, health care unit staff asked
Plaintiff to defecate in a bucket and keep it in his cell to
be collected later. Id. Plaintiff also had to walk
the sample to the health care unit himself, which he did
almost daily from July 11, 2016 until July 28, 2016. (Doc. 1,
p. 6-7). On more than one occasion, Plaintiff went
through this process only to be told that the supplies to
conduct the tests on his feces had not come in. (Doc. 1, p.
was given bismatrol tablets, a generic form of Pepto Bismol
for his issue. (Doc. 1, p. 7). He was sent for a colonoscopy
in September 2016, which showed that he had irritable bowel
and colon syndrome. Id. Plaintiff requested testing
for Chron's disease but was denied. Id.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 2 counts. The
parties and the Court will use these designations in all
future pleadings and orders, ...