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Berry v. Dennison

United States District Court, S.D. Illinois

October 24, 2017

DEWAUN A. BERRY, No. K56415, Plaintiff,
v.
JEFF DENNISON, Defendant.

          MEMORANDUM AND ORDER

          STACI M. YANDLE, United States District Judge

         Plaintiff DeWaun A. Berry, an inmate in Shawnee Correctional Center (“Shawnee”), brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff contends that his constitutional rights have been violated because officials have failed to repair a hole in his mattress. In connection with this claim, Plaintiff names Jeff Dennison, Shawnee's warden, and seeks monetary damages.

         This case is now before the Court for a preliminary review of the Complaint (Doc. 1) 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).

         The Complaint

         Plaintiff alleges that on July 14, 2017, he told a correctional officer (identified as “Summers”) that the mattress in his bunk was missing “the entire middle section” or the springs. (Doc. 1, p. 5). The officer told Plaintiff he would turn in a work order, but that he doubted anything would be done. Id. Plaintiff also submitted a grievance regarding the issue. Id.

         On July 19, 2017, Plaintiff was notified that repairs would be made to his bunk the same day. Id. However, repairs were never made and Plaintiff is still sleeping on the damaged mattress. Id. Plaintiff claims that sleeping on the damaged mattress is causing severe neck and back pain. Id.

         Discussion

         Based on the allegations of the Complaint, the Court finds it convenient to divide the pro se action into a single count. The parties and the Court will use this designation in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of this count does not constitute an opinion regarding its merit.

Count 1 - Plaintiff has been subjected to unconstitutional conditions of confinement (sleeping on a damaged mattress), in violation ...

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