United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON, District Judge
Gregory Wallace, an inmate who is currently detained at Cook
County Jail, brings this civil rights action pro se
pursuant to 42 U.S.C. § 1983. (Doc. 1). This case was
transferred from the United States District Court for the
Northern District of Illinois to the Southern District of
Illinois on May 10, 2017. See Wallace v. Lawrence Corr.
Ctr., No. 17-cv-03299 (N.D. Ill. filed May 1, 2017). In
the Complaint, Plaintiff alleges that he fell down the stairs
at Lawrence Correctional Center and injured his lower back
and leg. (Doc. 1, p. 6). He claims that these injuries could
have been avoided if he had been housed on the lower level of
the prison, consistent with his medical permits. (Doc. 1, pp.
6-8). Plaintiff sues the prison for neglect, but includes no
request for relief. (Doc. 1, p. 6).
Complaint is now subject to preliminary review under 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. 2009).
Complaint does not survive screening under this standard and
shall be dismissed.
brings the instant action against Lawrence Correctional
Center for neglect. (Doc. 1). He includes no allegations on
the two pages available for his statement of claim. (Doc. 1,
pp. 4-5). In his request for relief, Plaintiff simply asserts
that he is suing the “[i]nstitution for neglecting to
house [him] in [the] lower level which resulted in [his]
injury of falling down stair[s] [and] injuring [his] lower
back and left leg.” (Doc. 1, p. 6). He seeks no relief.
with the Complaint, Plaintiff submitted a copy of a medical
permit for a quad cane that was issued on December 24, 2016.
(Doc. 1, p. 7). He also included a copy of a permit for
housing on a low gallery “due to his medical
conditions” that was issued on January 31, 2017. (Doc.
1, p. 8).
facilitate the orderly management of future proceedings in
this case, and in accordance with the objectives of Federal
Rules of Civil Procedure 8(e) and 10(b), the Court deems it
appropriate to organize the claims in Plaintiffs pro
se Complaint (Doc. 1) into the following counts:
Count 1 - Eighth Amendment deliberate
indifference to medical needs claim against Defendant for
denying Plaintiff housing in a low gallery and/or providing
him with inadequate medical care for the injuries he
sustained from falling down the prison's stairs.
Count 2 - Americans with Disabilities Act
(“ADA”) and/or Rehabilitation Act claim against
Defendant for failing to house ...