United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge
James Webb, an inmate in Jackson County Jail, brings this
action for deprivations of his constitutional rights pursuant
to 42 U.S.C. § 1983. Plaintiff seeks removal from
probation, disability, and monetary damages for pain and
suffering. 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 on October 2, 2016, he passed out in the shower
due to previous injuries. (Doc. 1, p. 5). He was then taken
to the drunk tank and thrown into a pile of vomit.
Id. He did not see the doctor until 5 days later.
December 20, 2016, another inmate, Kyle Easterly, punched
Plaintiff in the head. Id. Plaintiff alleges that
Easterly is a federal inmate and that he is not supposed to
be housed with a federal inmate. Id. Plaintiff
pushed the call button, and when the guard came to the cell,
Easterly attacked Plaintiff a second time. Id.
Easterly's cellmate told the guards that Plaintiff had
goaded Easterly into fighting, but Plaintiff alleges the
cellmate was lying. Id. Plaintiff received 21 days
in “the hole, ” while Easterly only received 14.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 3 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court.
Count 1 - Plaintiff suffered from deliberate
indifference when he was not taken to a doctor immediately