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Meyer v. Pica

United States District Court, S.D. Illinois

November 6, 2017

PATRICK MEYER, M47701 Plaintiff,
v.
SHANE PICA, Defendant.

          MEMORANDUM AND ORDER

          Michael J. Reagan, United States District Court Chief Judge

         Plaintiff 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.

         This case is now before the Court for a preliminary review of the Amended 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 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 Original Complaint

         The 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 amend.

         Amended Complaint

         According 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, ...


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