United States District Court, S.D. Illinois
RICHARD P. ROSS Plaintiff,
MONTGOMERY COUNTY SHERIFF'S DEPARTMENT, JIM VOZZI, and KEVIN KNISLEY Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, U.S. DISTRICT JUDGE.
Richard P. Ross, an inmate in Graham Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 for events that
happened at the Montgomery County Jail. Plaintiff requests
financial compensation. 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; portions of this action are subject to
was incarcerated at the Montgomery County Jail from January
20, 2017 until August 1, 2017. (Doc. 1, p. 5). He was a
pre-trial detainee until August 1, 2017. Id. During
that time Kinsley and Vozzi illegally used his funds to pay
for medical and hygiene expenses at the jail. Id. As
a result of the allegedly illegal encumbrances on
Plaintiff's account, he could not buy envelopes to write
to his family or attorneys. Id.
was also charged $.52 per minute to make phone calls.
Id. He alleges that the maximum the jail is
permitted to charge is $.22 per minute. Id. The jail
also added an allegedly illegal $.30 surcharge.
was also forced to sleep on the floor for 182 days because of
overcrowding and because when he was assigned to a bunk, it
was the top bunk and Plaintiff could not climb into the top
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 3 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a