United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. DISTRICT JUDGE.
Rinaldo Bankston, currently an inmate at Shawnee Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 for
events that occurred at Vandalia Correctional Center
(“Vandalia”). Plaintiff requests that Defendant
Tritt be removed from his job and that cameras be installed
at Vandalia. 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 filed suit on May 26, 2017 in the Northern
District of Illinois. (Doc. 1). On May 30, 2017, the case was
ordered transferred into this District, but for reasons that
are unclear to the undersigned, the case was not actually
transferred until September 14, 2017. (Docs. 5, 7).
alleges that on April 20, 2017, he missed the 7:15 pm pill
line and was called to the health care unit at 8:00 pm. (Doc.
1, p. 4). While on his way, the Lt. Warden appeared and
called Plaintiff a “lame ass” and asked Plaintiff
why he was late. Id. Plaintiff told the Lt. Warden
not to speak to him like that. Id.
then encountered Defendant Tritt who told Plaintiff to speed
up because “he wasn't as nice as the Lt.
Warden” and that he would beat Plaintiff and throw him
in segregation. Id. Plaintiff responded that Tritt
would have to halfway kill him and that he hadn't done
anything wrong. Id. Tritt then took Plaintiff's
ID card and said he had something for “you big mouth
nigger.” (Doc. 1, pp. 4-5). Plaintiff grieved this
“verbal assault.” (Doc. 1, p. 5). He was later
moved to the disciplinary holding unit out of concerns for
his safety because he believed the guards were targeting him
for asking for more pants. Id. Plaintiff has since
been transferred out of Vandalia. (Doc. 6).
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, ...