United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON UNITED STATES DISTRICT JUDGE
Joan Garcia, an inmate in Menard Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff requests
monetary compensation and injunctive relief. 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; portions of this action are subject to
December 7, 2015, Plaintiff was on the west recreation yard
at Menard Correctional Center when a fight broke out. (Doc. 1
at 6). Shots were fired and Plaintiff immediately got down on
his knees. Id. Plaintiff was handcuffed and taken to
North 2 for allegedly disobeying a direct order by kneeling
instead of lying all the way down on the ground. Id.
the internal affairs officer, interviewed Plaintiff.
Id. Plaintiff alleges that Beboutt started to ask
him questions about the altercation, but Plaintiff insisted
he had been brought to North 2 only because he refused to
obey a direct order, and that he was not involved in the
altercation and did not know anything about it. Id.
Beboutt then told Plaintiff that staff at Menard had been
plotting to write false tickets on all the Hispanic inmates
in the Latin Folks gang because of an incident in which Latin
Folks members had attacked two guards in the chapel.
Id. Beboutt then went on to tell Plaintiff that she
hates Mexicans and Latinos. Id. She also said that
Spiller had agreed to write Latin Folks false tickets, and
that Plaintiff would be getting one. Id.
responded that if he got a false disciplinary report, he
would write grievances on Beboutt and Spiller and file a
complaint. (Doc. 1 p. 7). Beboutt told him that he would
never finish the grievance procedure and that staff would
destroy any grievances they found. Id. Plaintiff
further alleges that Beboutt told him that Butler, the
warden, was in on the scheme to write false disciplinary
reports and that Butler had specifically instructed Spiller
to grab all the Hispanic inmates he could, regardless of
whether they were involved in the altercation. Id.
December 15, 2015, Plaintiff received a disciplinary report
for fighting authored by Spiller, exactly as Beboutt had
said. Id. Plaintiff appeared before the adjustment
committee, which was comprised of Kent Brookman and Terrance
Jackson. Id. The disciplinary report states that
Plaintiff pled guilty, which he alleges is false. (Doc. 1 at
7-8). (Doc. 1-1 at 2). Plaintiff alleges that if the
adjustment committee had reviewed the video, they would have
seen that Plaintiff was not involved in the altercation.
(Doc. 1 at 7). Plaintiff also alleges that if the adjustment
committee had investigated him, they would have discovered
that he was not a “Disciple, ” presumably a
member of the Gangster Disciples. Id. Plaintiff
alleges the adjustment committee found him guilty when there
was no substantiated evidence to support the Spiller's
report, and no indication that the confidential sources were
reliable. Id. Plaintiff also states that Brookman
had “personal reasons” for finding him guilty.
Id. Plaintiff was sentenced to 1 year segregation, 1
year C-grade, 1 year commissary restriction, 1 month yard
restriction, and 6 months no contact visits. Id.
Butler signed off on the ticket on December 31, 2015,
allegedly despite knowing that the ticket was unsubstantiated
and that the adjustment committee had relied on Spiller's
report alone. (Doc. 1 at 8).
wrote a grievance on the false disciplinary report, which
Lori Oakley reviewed. Id. Plaintiff alleges that
Oakley knew that the ticket was unsubstantiated and that the
reviewing officers had relied on the reporting officer alone.
Id. He alleges that Oakley turned a blind eye to
those issues, failed to investigate, and recommended that the
grievance be denied. Id. Butler concurred with
Oakley's conclusion. Id. Both Oakley and Butler
allegedly denied Plaintiff's request for his ticket to be
expunged without good reason. Id. Plaintiff appealed
the denial to the Administrative Review Board, where Sherry
Benton and John Baldwin denied Plaintiffs grievance.
Id. Plaintiff alleges that Baldwin and Benton knew
that the ticket was unsupported by substantial evidence and
that the adjustment committee had relied on Spiller's
report alone. (Doc. 1 at 8-9).
was housed in segregation at Menard from December 7, 2015
until December 7, 2016. (Doc. 1 at 9). Plaintiff received
less food in segregation and had fewer opportunities to
shower. Id. There was excrement smeared in his cell,
which smelled. Id. Plaintiff suffered from sleep
deprivation and bed sores. Id. The cell was too
small to exercise in, lacked ventilation, and was filthy.
(Doc. 1 at 10). Plaintiff also lost many privileges,
including exercise, audio-visual, visits, religious services,
and law library. Id. The cells had mold.
Id. Plaintiff repeatedly injured his face on the