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Webbb v. Jackson County Jail

United States District Court, S.D. Illinois

January 10, 2017

JAMES WEBB, Plaintiff,
v.
JACKSON COUNTY JAIL Defendant.

          MEMORANDUM AND ORDER

          J. Phil Gilbert U.S. District Judge

         Plaintiff 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 such relief.

         An 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. 2009).

         Upon 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 dismissal.

         The Complaint

         Plaintiff 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. Id.

         On 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. Id.

         Discussion

         Based 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 after ...

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