United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Kenneth Bryant, an inmate in Menard Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff requests
damages. This case is now before the Court for a preliminary
review of the 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.
careful review of the Amended Complaint and any supporting
exhibits, the Court finds it appropriate to exercise its
authority under § 1915A; portions of this action are
subject to summary dismissal.
originally filed this suit on February 15, 2017, but he
neglected to sign the Complaint. (Doc. 1). The Court directed
him to do so no later than March 16, 2017, and on March 8,
2017, he filed the Amended Complaint with signature. (Doc.
to the allegations in the Amended Complaint, on March 2,
2015, an altercation took place on the yard at Menard
Correctional Center involving multiple inmates. (Doc. 7, p.
5). Plaintiff was interviewed in connection with the
incident, but he denies that he was involved or knew anything
about it. Id. Spiller ultimately wrote Plaintiff a
disciplinary ticket charging him with impeding an
investigation, fighting, and dangerous disturbance.
and Keys conducted the adjustment committee hearing and found
Plaintiff guilty of fighting and dangerous disturbance,
allegedly despite a lack of evidence. Id. Plaintiff
was sentenced to one year segregation, one year C-grade, one
year commissary loss, and one year good conduct credit loss.
Id. Plaintiff also was transferred to Pontiac
Correctional Center. Id. Butler signed off on the
disciplinary report as Chief Administrative Officer. (Doc.
7-1, p. 4).
at Pontiac, Plaintiff suffered from twenty-four hour
lighting, banging, unsanitary showers, and other
restrictions. (Doc. 7, p. 6). He was initially assigned to a
cell where his cellmate had smeared feces and blood on the
wall, floor, and door. Id. An inmate porter was sent
to clean the cell but left before he completed the task.
Id. Plaintiff was forced to clean the cell himself,
but the smell persisted. Id. The toilet also was
hanging off the wall, and the cell was infested with bugs.
charges against Plaintiff were ultimately expunged by the
Administrative Review Board, and his good ...