United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Michael J. Reagan, United States District Court Chief Judge
Patrick Meyer, currently incarcerated in Robinson
Correctional Center, brings this pro se action for
deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. On July 17, 2017, the Court dismissed
Plaintiff's Original Complaint without prejudice and with
leave to amend. (Doc. 11). Plaintiff filed an Amended
Complaint on August 17, 2017. (Doc. 12). According to the
Amended Complaint, Defendant Pica, a correctional officer has
been verbally harassing and making fun of Plaintiff.
Plaintiff contends the officer's conduct is causing
mental anguish and seeks monetary relief.
case is now before the Court for a preliminary review of the
Amended Complaint pursuant to 28 U.S.C. § 1915A, which
(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.
Original Complaint also alleged that Pica was taunting and
verbally harassing Plaintiff. The Court previously summarized
Plaintiff's allegations as follows:
On October 18, 2016, Plaintiff was moved to 2B Wing. (Doc. 1,
p. 5). After being moved to this wing, Plaintiff alleges
Pica, a correctional officer, began verbally harassing and
“making fun” of him. Id. Specifically,
Plaintiff contends Pica made comments such as: “Oh my
feet hurt soo soo much, I can barely walk, oh my ears I can
barely hear.” Id. Pica also made harassing
comments regarding Plaintiff's depression. Id.
Plaintiff feels intimidated by the comments. Id. As
a result, he often remains in his cell and has requested
psychological treatment. In connection with these claims,
Plaintiff seeks monetary damages.
(Doc. 11). After reviewing these allegations, the Court
dismissed the Complaint because the conduct attributed to
Pica did not rise to the level of a constitutional violation.
However, the dismissal was without prejudice and with leave
to the Amended Complaint, Plaintiff was moved to 2B wing on
October 18, 2017. (Doc. 12, p. 5). After a couple of days,
Pica began “making rude and disrespectful comments when
[Plaintiff] would go to night medication.” Id.
Specifically, Plaintiff contends Pica made comments such as:
“Oh my feet hurt soo soo much, I can barely walk, oh my
ears I can barely hear.” Id. Pica also made
harassing comments regarding Plaintiff's depression.
Id. Plaintiff further alleges that Pica made
harassing comments that are detailed in Plaintiff's
attached grievances. Id. The attached grievances
indicate that Pica has “snickered” at Plaintiff
and made fun of Plaintiff's depression, ...