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Wallace v. Lawrence Correctional Center

United States District Court, S.D. Illinois

May 20, 2017

GREGORY WALLACE, #2016-0910104, Plaintiff,
v.
LAWRENCE CORRECTIONAL CENTER, Defendant.

          MEMORANDUM AND ORDER

          HERNDON, District Judge

         Plaintiff 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).

         The 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 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).

         The Complaint does not survive screening under this standard and shall be dismissed.

         Complaint

         Plaintiff 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. Id.

         Along 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).

         Discussion

         To 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 ...

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