United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. Chief District Judge.
Tony Deere, an inmate in Pontiac Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983 for events that allegedly
occurred at Menard Correctional Center. Plaintiff seeks
declarative relief, injunctive relief, compensatory damages,
punitive damages, and costs. 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.3d816, 821 (7th Cir.
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
September 22, 2015, Plaintiff told Lindsey that his cellmate,
Vincent Hudson, was showing signs of a serious mental
illness. (Doc. 1, p. 4). Specifically, Plaintiff told Lindsey
that Hudson had threatened to beat him to death if he did not
hand over 2 ramen noodles and a bag of pork rinds.
Id. Plaintiff was housed in cell 312 in the East
cell house. Id. Lindsey told Plaintiff that he was
aware of Hudson's behavior because Hudson had made the
same threat against his prior cellmate. Id. Lindsey
further told Plaintiff that he would see what he could do.
asked Lindsey about the cell change the following day,
September 23, and repeated his concerns about Hudson.
Id. Lindsey told Plaintiff he'd talk to Lt.
Smolak. Id. From September 22, 2015 until October
13, 2015, Plaintiff continued to follow up with Lindsey, and
reported Hudson's escalating behavior, like punching the
wall and threatening to kill Plaintiff for flushing the
toilet. (Doc. 1, pp. 4-5). After the toilet incident, Hudson
would not let Plaintiff use the toilet for an entire day, and
made him urinate in a plastic bag. (Doc. 1, p. 5). When
Plaintiff reported this to Lindsey, he said "fuck or
fight." (Doc. 1, p. 6).
October 5, 2015, Plaintiff saw Smolak and reported his
concerns about his cellmate. Id. He told Smolak
about the toilet incident. Id. Smolak replied that
Lindsey had made him aware of Plaintiff s concerns, but that
he didn't find Plaintiff credible. Id. Smolak
told Plaintiff he would not be changing Plaintiffs cell.
(Doc. 1, pp. 6-7). Smolak told Plaintiff to either find a way
to get along "or get it on, " meaning fight. (Doc.
1, p. 7). Plaintiff filed a grievance against Lindsey and
Smolak that same day. Id.
demanded that Plaintiff give him 2 ram en noodles on October
12, 2015. (Doc. 1, p. 8). Plaintiff refused, and Hudson
became angry and threatened to kill Plaintiff. Id.
Plaintiff went to sleep to avoid a confrontation.
Id. Hudson attacked Plaintiff around 8:00 am the
next morning on October 13. (Doc. 1, p. 9). He punched
Plaintiff in the left eye, wrestled him to the ground, and
tried to strangle him. Id. Plaintiff responded by
gouging out Hudson's eyes. Id.
being taken to health care, Plaintiff was immediately
transferred to Pontiac. (Doc. 1, pp. 9-10). He spent 615 days
in segregation there. (Doc. 1, p. 10). Plaintiff was charged