United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, U.S. DISTRICT JUDGE.
Michael Boone, an inmate at Shawnee Correctional Center
(“Shawneed”), brings this action for deprivations
of his constitutional rights pursuant to 42 U.S.C. §
1983. Plaintiff seeks declarative relief and damages. This
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.
careful review of the Amended Complaint and any supporting
exhibits, the Court finds it appropriate to exercise its
authority under § 1915A; portions of this action are
subject to summary dismissal.
suffers from Type-II diabetes, hypertension and neuropathy.
(Doc. 14, p. 6). He entered Shawnee Correctional Center on
August 21, 2013. (Doc. 14, p. 7). Once there, Defendant David
reduced Plaintiff's Metformin prescription which was
issued to treat his diabetes. (Doc. 14, pp. 7-8). As a
result, Plaintiff's diabetes worsened. (Doc. 14, p. 8).
David also increased Plaintiff's dosage of Glipizide,
which had an additional negative impact on Plaintiff's
diabetes. Id. On March 11, 2014, David returned
Plaintiff's medication levels to what they were prior to
his incarceration at Shawnee. Id. Plaintiff's
diabetes improved once his medication levels were restored.
November 28, 2014, Defendant Caldwell reduced Plaintiff's
Neurontin prescription which he had been taking to address
the neuropathy in his feet. Id. On December 17,
2014, Plaintiff complained that the reduction in medication
caused him to experience more severe pain in his feet.
Id. Although Caldwell restored the previous dosage
that same day, Plaintiff attributes a stumble he experienced
on December 24, 2014 to the reduction in medication between
November 28, 2014 and December 17, 2014. (Doc. 14, p. 9).
received a low gallery/low bunk permit and a slow walk permit
on January 30, 2015. Id. Ultimately, the low
bunk/low gallery permit was made indefinite on September 18,
2015. (Doc. 14, p. 10). His slow walk permit was repeatedly
renewed until August 1, 2017. Id.
2016, Defendants John Doe #19 and #20 changed the policy at
Shawnee to require that inmates with slow walk permits lead
line movements as a method of ordering and controlling the
pace of other inmates. (Doc. 14, p. 11). When Plaintiff is at
the front of the line, he receives threats from other inmates
about the slow pace he sets. Id. Plaintiff filed a
grievance on this issue, and Defendant Swalls threatened him
with segregation if he continued to complain. Id.
originally filed this lawsuit on July 10, 2017in the Central
District of Illinois. (Doc. 14, p. 11). Judge Baker issued an
Order screening the original Complaint and transferring the
case to this district on August 14, 2017. (Doc. 14, p. 12).
met with David on August 23, 2017 and informed him that he
had filed a lawsuit naming him as a defendant. Id.
David told Plaintiff that, due to a change in IDOC policy, he
would not renew Plaintiff's low bunk/low gallery permits
or his slow walk permit. Id. Plaintiff alleges that
David made the decision without reference to his physical
symptoms and in retaliation for Plaintiff filing the instant
action. (Doc. 14, pp. 12-13).
the case was transferred to this district, Plaintiff moved to
file an Amended Complaint and leave was granted pursuant to
Fed.R.Civ.P. 15(a). The Amended ...