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Webbb v. Murphysboro Police Department

United States District Court, S.D. Illinois

April 18, 2017

JAMES WEBB, Plaintiff,
v.
MURPHYSBORO POLICE DEPARTMENT, Defendant.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT United States District Judge

         At the time of filing, Plaintiff James Webb was an inmate in Jackson County Jail. However, Plaintiff presently resides at the Alton Mental Health Center. Plaintiff brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff's claim relates to an incident involving the Murphysboro Police Department in 2014, before Plaintiff was an inmate in Jackson County Jail. Plaintiff seeks removal from probation, disability, and a “substantial amount of money” for pain and suffering in relation to his claim.

         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 such relief.

         An 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).

         Upon careful review of the Complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; this action is subject to summary dismissal.

         The Complaint

         Plaintiff's statement of claim consists of the following three sentences: “In 2014, Murphysboro IL, the Murphysboro Police came to my residence and thought I was breaking in. They then tazed me 4 times, one being in the back of my head, which caused me to start fighting for my life. I accidentally left my keys in the house and went [through] a window to get in. I had a lease to show that me and Jennifer Maddox lived there.” (Doc. 1, p. 6).

         Discussion

         The Court finds it convenient to divide the pro se action into a single count. 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. Any other claim that is mentioned in the Complaint but not addressed in this Order should be considered dismissed without prejudice as inadequately pled under the Twombly pleading standard.

         Count ...


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