United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
Derron Johnson, an inmate currently housed in Graham
Correctional Center, brings this action for deprivations of
his constitutional rights pursuant to 42 U.S.C. § 1983.
In his Complaint (Doc. 1), Plaintiff claims the defendants
subjected him to unconstitutional conditions of confinement
during his time in St. Clair County Jail ("Jail").
This case is now before the Court for a preliminary review of
the Complaint pursuant to 28 U.S.C. § 1915A, which
(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; this action is subject to summary
Complaint (Doc. 1), Plaintiff makes the following
allegations: Plaintiff "was subjected to poor and
inadequate living conditions, overcrowding, insects, mice,
and medical issues due to filthy and poor living
conditions." (Doc. 1, p. 1). Further, "[a]dequate
cleaning materials were denied daily to keep the showers and
toilets and other living areas clean." Id.
Plaintiff "filed complaints through the complains
[sic] request because there was no grievance
procedure" at the Jail. (Doc. 1, p. 2). Plaintiff
complained to the defendants that he was "being
subjected to poor living conditions and medical issues due to
not being given adequate cleaning materials to clean showers,
toilets, and other living areas." Id.
Plaintiffs complaints were never returned to him.
was "subjected to sleeping on the filthy floor with only
a mattress and covers while mice and insects [were] all
around." Id. Plaintiff was also "subjected
to foul odors coming from the toilets and showers because the
proper cleaning materials [were] not being passed out to
clean with." Id. Plaintiff suffered medical
issues including scabies and skin rashes stemming from
uncleanly and unhealthy conditions at the Jail. Id.
Plaintiff submitted complaints to the defendants, but they
"deliberately ignored the issues by refusing to
address" the situation. Id.
seeks monetary damages from Sheriff Richard Watson,
Superintendent Phillip McLaurin, Captain Thomas Trice,
Lieutenant Nancy Sutherland, and Sergeant Levi Bridges. (Doc.
1, pp. 2-3).
on the allegations of the Complaint, the Court finds it
convenient to designate a single count in this pro
se action. The parties and the Court will use these
designations in all future pleadings and ...