United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
R. HERNDON UNITED STATES DISTRICT JUDGE
Donald Lindsay, currently incarcerated in Dixon Correctional
Center, brings this pro se action pursuant to 42
U.S.C. § 1983 for deprivations of his constitutional
that allegedly occurred when Plaintiff was housed at Menard
Correctional Center (“Menard”) in 2015.
connection with his claims, Plaintiff names Menard, Dr.
Butler, and several unknown parties (John/Jane Does).
Plaintiff describes the unknown parties as (1) C/O on duty
5/24/15 in N2-5 Gallery; (2) Crisis Team Member on duty
5/24/15 in N2-5 Gallery; (3) Lt. on duty 5/24/15 in N2-5; (4)
Sgt. On duty 5/24/15 in N2-5 and N2-8 gallery; and (5) C/O on
duty 5/24/15 in N2-8 Gallery. Plaintiff seeks monetary
damages. (Doc. 1, p. 8).
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
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.
24, 2015, at around 5 pm, Plaintiff was in N2-5 gallery.
Plaintiff asked the N2-5 on duty correctional officer
(“N2-5 Correctional Officer”) to place him on
suicide watch. (Doc. 1, p. 6). The N2-5 Correctional Officer
told Plaintiff he had to do something suicidal to be placed
on suicide watch. Id. In response, Plaintiff tied a
sheet around his neck and to the coat rack. Id. The
N2-5 Correctional Officer told Plaintiff to cuff up because
he was going to be placed on suicide watch. Id. At
that point, Plaintiff was taken to the N2-5 gallery hospital.
duty crisis team member (“N2-5 Crisis Team
Member”) and the N2-5 on duty lieutenant (“N2-5
Lieutenant”) visited Plaintiff in the hospital.
However, Plaintiff was not placed on suicide watch.
Id. Instead, after the N2-5 Crisis Team Member left
the room, Plaintiff was stripped to his boxers and received a
disciplinary ticket for insolence. Id. Plaintiff was
then placed in segregation in the N2-8 gallery. Id.
being placed in the N2-8 gallery, Plaintiff told the N2-8 on
duty correctional officer (“N2-8 Correctional
Officer”) that he intended to commit suicide.
Id. Plaintiff then started punching himself in the
left eye until it was swollen shut. Id. The sergeant
on duty in N2-5 and N2-8 (“N2-5/N2-8 Sergeant”)
observed Plaintiff punching himself in the eye. Id.
The N2-5 Sergeant told Plaintiff he would only give himself a
then began pulling strings out of his mattress. Id.
Plaintiff continued pulling strings out of his mattress until
he had enough string to hang himself. Id. Plaintiff
tied the strings around his cell bars and proceeded to hang
himself. Id. The N2-5/N2-8 Sergeant and unspecified
correctional officers were present and observed this sequence
of events. Id. These defendants did not intervene
until Plaintiff almost lost consciousness. Id. At
that time, they cut Plaintiff down but still refused to place
Plaintiff on suicide watch. Id. Instead, the
N2-5/N2-8 Sergeant and unspecified correctional officers
removed Plaintiff's mattress and took Plaintiff's
boxers. Id. Additionally, they wrote a second
disciplinary ticket. Id. Plaintiff told the
Defendants that he was not going to stop until he was dead.
The Defendants said “oh well, it's almost time for
shift change.” Id.
was then returned to his cell in N2-8. Plaintiff was
apparently left alone for a period of time. Id.
Plaintiff found a plastic spoon in his cell and began cutting
his arm. Id. A correctional officer doing his rounds
(presumably the N2-8 Correctional Officer) returned sometime
later. Id. That correctional officer observed the
blood on Plaintiff's arm, left, and returned with the
N2-5 Crisis Team Member, the N2-5/N2-8 Sergeant, and the N2-5
Lieutenant. Id. The N2-5 Crisis Team Member told
Plaintiff to stop playing games and “grow up.”
Id. Then, “they” put on their tactical
gear and dragged Plaintiff out of his cell naked.
Id. Plaintiff was dragged from the N2-8 gallery to
the N2-5 hospital, naked, without shoes, and in the rain.
Id. A female officer observed this sequence of
events. Id. At some point, Plaintiff stated he could
not breathe, he needed his inhaler, and he could not walk any
more. Id. Plaintiff dropped to his knees.
Id. One of the correctional officer defendants
shoved his fingers under Plaintiff's jaw bone and picked
Plaintiff up. Id. During this time, the N2-5
Lieutenant was shoving Plaintiff's head down with his
shield. (Doc. 1, pp. 6-7).
point, Plaintiff was placed in an elevator with the
Correctional Officer Defendants and the N2-5 Lieutenant. The
correctional officers and the N2-5 Lieutenant proceeded to
kick and punch Plaintiff, who was naked and still in
handcuffs. The Correctional Officer Defendants and the N2-5
Lieutenant continued to kick and punch Plaintiff even when
Plaintiff was on the ground. After the assault was over,
Plaintiff was placed in a suicide cell. The next morning
Plaintiff was ...