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Schollmeyer v. Lind

United States District Court, S.D. Illinois

May 24, 2017

LARRY R. SCHOLLMEYER, Plaintiff,
v.
OFFICER LIND, JOHN DOE 1, MADISON COUNTY SHERIFF'S DEPARTMENT, and ILLINOIS DEPARTMENT OF CORRECTIONS, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL United States District Judge

         Plaintiff 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, 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; portions of this action are subject to summary dismissal.

         The Complaint

         On or 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 shoulder. Id.

         Plaintiff 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.

         Discussion

         Based 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 ...

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