United States District Court, S.D. Illinois
ANTRELL A. TEEN Plaintiff,
CAPTAIN KENNEY, MASSEO, NICHOLS, and BOUJACK Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, U.S. DISTRICT JUDGE
Antrell A. Teen, an inmate in St. Clair County Jail, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff requests damages
and injunctive relief. As relevant to this suit,
Plaintiff's request for injunctive relief is that the
defendants “to rectify the law library
procedure.” (Doc. 2, p. 7). 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
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
originally brought these claims in Case No. 17-594, filed on
June 5, 2017. On August 28, 2017, the Court severed the
claims into this action. (Doc. 1). As relevant to the claims
present in this case, Plaintiff alleges that he was denied
access to the law library from February 2016 until April
2016; June 2016 until July 2016; and between February 2017
and May 2017. (Doc. 2, p. 5). During those time period,
Plaintiff submitted multiple captain complaints. He received
a response from Captain Kenny, which stated “out of
good faith we allow detainees to use the law library but it
is up to the shift supervisor if they allow you to go or
not.” Id. Plaintiff gave copies of his request
slips to Sgt. Nichols in February 2017, and in May he made
complaints to Sgt. Masseo.
alleges that he needed law library access between January and
April 2016 in order to prepare for trial. Id.
Without such access, Plaintiff was unable to educate himself
on speedy trial violation issues, ineffective assistance of
counsel issues, or due process issues. Id. The lack
of access in June and July 2016 kept him from raising
post-trial motions regarding juror bias,
“non-IPI” issues and other post-conviction
issues. Id. From February to May 2017, the denial of
law library access “hindered [Plaintiff] from
prosecuting his conviction.” Id. Plaintiff
complained to Boujack, but nothing was done. Id.
Everest refused to fill out IFP forms; and in general there
is minimal assistance in filing legal documents. Id.
also alleges that the showers have peeling paint and mold.
(Doc. 2, p. 6). Plaintiff believes that the particles become
airborne during showers and that he has inhaled them.
Id. On one occasion, a speck got into his eye.
Id. Plaintiff told Sgt. Nichols, but nothing was
ever done. Id.
also alleges that another inmate, Arthur Munzinger, developed
large boils on his neck and leg that began to spread.
Id. Boujack looked at the infection and then put
Munzinger back in the cell. Id. Munzinger was later
given bandages and antibiotics, but he was kept in general
population until May 11, 2017, when he was moved to the