United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
Jarrett McDougle, an inmate in Graham Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. In his Complaint,
Plaintiff claims the defendants subjected him to
unconstitutional conditions of confinement during his time at
St. Clair County Jail (“Jail”). (Doc. 1). 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 allow this case to proceed
past the threshold stage.
Complaint (Doc. 1), Plaintiff makes the following
allegations: during his time at the Jail, Plaintiff was
subjected to poor living conditions, including overcrowding,
insects, and mice. (Doc. 1, p. 2). Plaintiff was not given
adequate cleaning materials to clean his filthy showers,
toilets, and other living areas, so he was subjected to foul
odors, and he developed medical issues including scabies and
skin rashes. (Doc. 1, p. 3). Plaintiff was also forced to
sleep on the dirty floor with only a mattress cover while
mice and insects were all around. Id. Though
Plaintiff filed complaints per Trice's request, the
defendants deliberately ignored the issues presented in the
complaints and intentionally continued operating the jail
“in a poor and life threatening manner.” (Doc. 1,
pp. 1, 3). Because the Complaint includes no dates, it is
unclear when these violations occurred. Plaintiff seeks
monetary damages and permanent injunctive relief requiring
the constitutional violations at the Jail be corrected. (Doc.
1, p. 4). Plaintiff also requests an attorney be appointed to
represent him. Id.
on the allegations of the Complaint, the Court finds it
convenient to designate a single count in this pro
se action. The parties and the Court will use this
designation in all future pleadings and orders, unless
otherwise directed by a judicial officer of this Court.
1 - Defendants subjected Plaintiff to
unconstitutional conditions of confinement while he was
incarcerated at St. Clair County Jail in violation of the
Eighth and/or Fourteenth Amendment.
discussed in more detail below, Count 1 will be allowed to
proceed past threshold. Any other intended claim that has not
been recognized by the Court is considered dismissed with