United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Gregory Conway, an inmate in Pinckneyville Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff seeks declaratory relief and damages. 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 Complaint is subject to dismissal.
originally filed suit on December 28, 2016, in Case No.
16-cv-1393-SMY. The claims in this suit were severed from
that action on February 2, 2017, because they are unrelated
to the claims in that case. (Doc. 1). As specific to the
claims in this case, Plaintiff has alleged that he was
sexually assaulted at Western Illinois Correctional Center,
and that after he complained about it, staff began harassing
him. (Doc. 2, pp. 6-9). On May 21, 2015, Plaintiff was
transferred to Pinckneyville Correctional Center. (Doc. 2, p.
9). As he was getting on the bus, Gooden, one of the officers
who had been harassing Plaintiff at Western, said “I
hope you don't think your [sic] getting away do
you?” Id. When the bus stopped at Lincoln
Correctional Center, Gooden escorted Plaintiff over to the
bus for Pinckneyville, where he told Correctional Officer
Johnson that Plaintiff was a troublemaker and to “show
him how we deal with troublemakers.” (Doc. 2, p 10).
Johnson then wrote Plaintiff an allegedly false disciplinary
report based on his conduct on the bus to Pinckneyville.
(Doc. 2, p. 11).
received the disciplinary report on May 22, 2015. (Doc. 2, p.
12). He immediately filled out the lower portion of the
report to request inmates Parnell, Jackson, Nuckles,
Chadwick, and Clark testify at the disciplinary hearing.
(Doc. 2, pp. 12-13; Doc. 2-2, pp. 3-4). Plaintiff's
adjustment committee hearing was on May 24, 2015. (Doc. 2, p.
13). Plaintiff told John Doe and Myers that he had requested
witnesses. Id. Plaintiff then attempted to give his
list of witnesses to Myer, who told him that it was too late
for that. Id. When Plaintiff protested, John Doe
stated that “Their [sic] right, you are a troublemaker.
Guilty as charged now get out of here.” (Doc. 2, p.
14). Plaintiff went to segregation for 30 days as punishment.
Yandle's threshold order in the original case (Case No.
16-cv-1393-SMY) severed two counts into this action:
Count 5 - First Amendment retaliation claims against Johnson,
Myers, and Lieutenant John Doe for Johnson filing false
disciplinary charges against Plaintiff on May 22, 2015 and
Myers and Lieutenant John Doe refusing to allow Plaintiff to
call witness at the hearing on those charges and ultimately
giving Plaintiff 30 days in segregation in retaliation for