United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Jason Manskey, an inmate who is currently incarcerated at
Dixon Correctional Center, brings this action pursuant to 42
U.S.C. § 1983 for deprivations of his Eighth and
Fourteenth Amendment rights at Shawnee Correctional Center
(“Shawnee”). (Doc. 1). According to the
Complaint, Plaintiff was repeatedly subjected to the
unauthorized use of force by three correctional officers (C/O
Wiggs, C/O Jones, and C/O Stalling) at Shawnee in 2014. (Doc.
1, p. 5). The same officers failed to ensure that Plaintiff
received medical treatment for his resulting injuries.
Id. Plaintiff claims that these officers violated
his right to be free from cruel and unusual punishment under
the Eighth Amendment and his right to due process of law
under the Fourteenth Amendment. Id. He seeks
monetary damages. (Doc. 1, p. 6).
case is now before the Court for a preliminary review of the
Complaint (Doc. 1) pursuant to 28 U.S.C. § 1915A, which
(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 in 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 supporting exhibits, the
Court deems it appropriate to dismiss certain portions of
this action. The Complaint otherwise survives screening under
his incarceration at Shawnee in 2014, Plaintiff claims that
he was repeatedly beaten by three prison guards,
i.e., C/O Wiggs, C/O Jones, and C/O Stalling. (Doc.
1, p. 5). The first incident occurred on November 14, 2014,
when Plaintiff was taken from his cell to segregation
processing. Id. Once there, Sergeant Hobbs and C/O
Wiggs threw him to the ground and stepped on his forehead.
Id. C/O Jones then pinned Plaintiff down by his
arms, while Sergeant Hobbs punched him in the chest.
Id. The officers threatened Plaintiff with far worse
consequences, if he told anyone what occurred. Id.
C/O Kauffman, a control room officer, allegedly witnessed the
told Mrs. Destman in mental health what happened. (Doc. 1, p.
5). She asked Plaintiff if he wanted to report his claim of
staff misconduct to internal affairs. Id. Plaintiff
declined to do so because he feared a second assault.
Id. He declined to file a grievance for the same
December 26, 2014, Plaintiff returned to segregation for
reasons that are not disclosed in the Complaint. (Doc. 1, p.
5). Around 9:00 p.m., Sergeant Hicks, C/O Wiggs, C/O Bone,
and Nurse Williams entered his cell and threatened to beat
him. Id. They tried to provoke Plaintiff's
cellmate to do the same. Id. Neither the prison
guards nor the cellmate made physical contact with Plaintiff
during this encounter. Id.
December 28, 2014, Plaintiff was taken from his cell around
9:45 p.m. (Doc. 1, p. 5). An officer, who was wearing no name
tag but was later identified as C/O Stalling, entered
Plaintiff's cell and dragged him to segregation
processing. Id. There, Plaintiff was beaten in the
dark by C/O Wiggs, C/O Jones, C/O Stalling, and possibly a
fourth officer. Id. For several minutes, the
officers “pummeled” Plaintiff. Id. When
Plaintiff's body began convulsing, one of the officers
then said that Plaintiff had “had enough, ” and
he was dragged back to his cell and thrown on the floor.
January 10, 2015, Plaintiff reported the second incident to
mental health and filed a grievance to complain about it.
(Doc. 1, p. 5). He was interviewed and photographed by
internal affairs officers and signed a report prepared by
them, but Plaintiff was never offered medical treatment for