United States District Court, S.D. Illinois
JAMES R. WEBB, JR., Plaintiff,
HUFFMAN, ANDERSON, STRATTEN, LEE, MICKELSON, and BRASHEAR Defendant.
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge
James Webb, currently confined at the Alton Mental Health
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 that
allegedly occurred at the Jackson County Jail. Plaintiff
seeks removal from probation, declarative relief, and
monetary damages for pain and suffering. Previously,
Plaintiff's original Complaint was dismissed without
prejudice for failure to name a proper defendant. (Doc. 5).
This case is now before the Court for a preliminary review of
the 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.
alleges that on October 2, 2016, he passed out in the shower
because his carotid arteries have been permanently damaged by
a prior suicide attempt. (Doc. 7, p. 6). Huffman, Anderson,
and Stratten put Plaintiff in a wheel chair. Id.
They did not use the foot rests, and so Plaintiff's feet
dragged on the floor. Id. They took Plaintiff to the
drunk tank and threw him into a pile of bloody feces and
vomit on the floor. Id. Plaintiff asked to go to the
emergency room, but was denied. Id. He saw a nurse 4
days later. Id.
inmate, Easterly, beat Plaintiff up while Huffman, Lee,
Mickelson, and Brashear watched and failed to intervene.
Id. Plaintiff had been asking to be moved off
K-Block. Id. Plaintiff alleges that Huffman directed
Easterly to attack Plaintiff. Id.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 2 counts. The
Court found that the original complaint contained 3 counts,
but Plaintiff has not included any facts in support of his
original contention that he was unfairly disciplined as a
result of the Easterly incident. As the Amended Complaint
must stand alone without reference to the original Complaint,
Flannery v. Recording Indus. Ass'n of Am., 354
F.3d 632 n.1 (7th Cir. 2004), the Court construes the absence
of these facts as an abandonment of the claim. Thus, the
following two claims are the only claims presented by the
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court.
Count 1 - Defendants Huffman, Anderson, and Stratten were
deliberately indifferent to Plaintiff's serious medical
need in violation of the Eighth Amendment when they refused
to get ...