United States District Court, S.D. Illinois
DEMONTE T. HILL, #S15599, Plaintiff,
ANITA BAZILE SAWYER, N. JOHNSON and ILLINOIS DEPT. OF CORRECTIONS, Defendants.
MEMORANDUM AND ORDER
M. YANDLE, U.S. DISTRICT JUDGE
before the Court for consideration is the First Amended
Complaint filed by Plaintiff Demonte Hill. (Doc. 9).
Plaintiff is currently incarcerated at Centralia Correctional
Center. He brings this pro se civil rights action
pursuant to 42 U.S.C. § 1983 for injuries he sustained
when a pipe leaked hot water onto his foot at Southwestern
Illinois Correctional Center (“SWICC”). (Doc. 9,
p. 5). Plaintiff claims that he was denied prompt treatment
for the burn and developed an infection. Id. He
seeks monetary damages from the Illinois Department of
Corrections (“IDOC”), Warden Sawyer, and Officer
Johnson based on their violations of his Eighth Amendment
rights. (Doc. 9, pp. 1-2, 5-6).
case is now before the Court for preliminary review of the
First Amended Complaint pursuant to 28 U.S.C. § 1915A,
(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.
2009). Plaintiff's First Amended Complaint does not
survive preliminary review under this standard and shall be
his incarceration at SWICC, Plaintiff sustained a burn injury
when hot water leaked from a pipe onto his right foot. (Doc.
9, p. 5). Plaintiff blames the IDOC, Warden Sawyer and
Officer Johnson for unconstitutional conditions of his
confinement and the denial of adequate medical care for his
injury. Id. More specifically, he alleges that the
IDOC was responsible for operating a safe facility and failed
to do so. Id. Warden Sawyer was in charge of prison
operations and failed to ensure the safety of all inmates.
Id. The warden also failed to ensure that all
employees “function[ed] correctly.” Id.
Finally, Plaintiff alleges that he informed Officer Johnson
about the leaky pipe and his burn injury, but the officer
denied Plaintiff medical attention for the injury, leading to
an infection. Id. Plaintiff now seeks monetary
damages against all three defendants for subjecting him to
unconstitutional conditions of confinement and denying him
adequate medical care for his burned foot. (Doc. 9, pp. 5-6).
facilitate the orderly management of future proceedings in
this case, and in accordance with the objectives of Federal
Rules of Civil Procedure 8(e) and 10(b), the Court deems it
appropriate to organize the claims in Plaintiff's pro
se First Amended Complaint into the following enumerated
Count 1 - Eighth Amendment conditions of confinement claim
against Defendants for exposing Plaintiff to a pipe that
leaked hot water onto his right foot and caused burns.
Count 2 - Eighth Amendment deliberate indifference to medical
needs claim against Defendants for delaying and/or denying
medical treatment for Plaintiff's ...