United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. DISTRICT JUDGE
Ted Knox, an inmate at Menard Correctional Center
(“Menard”), brings this action for deprivations
of his constitutional rights pursuant to 42 U.S.C. §
1983. Plaintiff seeks compensatory damages and punitive
damages. This case is now before the Court for a preliminary
review of the Complaint pursuant to 28 U.S.C. § 1915A,
(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
Plaintiff originally brought suit in Case No. 17-cv-494,
filed on May 10, 2017. (Doc. 1). On May 31, 2017, the Court
determined that Plaintiff had attempted to bring unrelated
claims in the same lawsuit and severed the action into
separate cases. (Doc. 1). This action proceeds as to Count 3
of the original case.
Count 3, Plaintiff alleges that in June 2014, he wrote a
timely grievance about an April 14, 2014 shakedown during
which the Orange Crush team allegedly used excessive force
and demonstrated deliberate indifference, in violation of the
First, Eighth and Fourteenth Amendments. (Doc. 2, p. 10). On
July 23, 2014 Plaintiff's counselor, “Ms.
Payne” told Plaintiff that she had responded to the
grievance on June 10, 2014. Id.
was familiar with June 10, 2014 because Defendant Ross
ordered Plaintiff not to go to yard that day because he was
wanted in the investigation office. Id. No one from
the investigation office ever came to interview Plaintiff.
Id. Plaintiff then asked Ross why he had instructed
him not to go to yard. Id. Ross replied, “you
wrote that stupid grievance about Orange Crush, well pack
your shit, I.A. Officer Hecht just called and said to bring
you over to seg., so you can think about the B.S. you wrote
in that grievance.” Id.
Plaintiff arrived in segregation, Defendant Hecht was there
waiting. Id. Hecht told Plaintiff that he needed to
stop writing grievances if he wanted to stay out of
segregation. (Doc. 2, p. 11). Plaintiff was then assigned to
the North 2 cell house, cell #443.
thereafter, Plaintiff requested a cell change from Defendant
J. Smith because #443 had no running water and feces was
spread throughout the cell. Id. Smith refused and
told Plaintiff that he never should have messed with the tact
team officers. Id. When Plaintiff asked to speak to
a sergeant or lieutenant, Smith replied that they already
knew about the “shit” in Plaintiff's cell and
that it represented how the officers felt about the
grievances. Id. Plaintiff also asked Smith for
hygiene items, but Smith denied Plaintiff's request.
Id. After an hour, Plaintiff began experiencing
headaches, which he attributes to hypertension. Smith also
refused to secure medical attention for ...