United States District Court, S.D. Illinois
LARRY R. SCHOLLMEYER, Plaintiff,
OFFICER LIND, JOHN DOE 1, MADISON COUNTY SHERIFF'S DEPARTMENT, and ILLINOIS DEPARTMENT OF CORRECTIONS, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Larry R. Schollmeyer, an inmate in Graham Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 that
he sustained during his arrest. Plaintiff seeks monetary
damages. This case is now before the Court for a preliminary
review of the 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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; portions of this action are subject to
about January 18, 2017, Plaintiff was enjoying a drink alone
at Doc's Bar and Grill in Cottage Hills, Illinois. (Doc.
1, p. 5). After finishing his drink, Plaintiff left the bar
to walk to his residence. Id. He fell, and an
unknown woman attempted to help him get up. Id. Just
then, Officer Lind and an unknown Bethalto police officer
arrived and confronted Plaintiff. Id. They told
Plaintiff he was under arrest. Id. They then slammed
him to the ground, stepping on his shoulder, arm, and hand.
Id. Plaintiff alleges that he posed no threat at the
time. Id. During this incident, Plaintiff suffered
three breaks in his hand and arm, as well as a dislocated
was then detained at the Madison County Jail, where he was
not given any medical treatment for 72 hours. (Doc. 1, p. 6).
Plaintiff alleges that the Illinois Department of Corrections
has only taken him to an outside doctor twice. Id.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into
three counts. 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. The
following claims survive threshold review:
Count 1 - Lind and John Doe 1 used excessive
force while arresting Plaintiff on January 18, 2017, in
violation of ...