United States District Court, C.D. Illinois
MERIT REVIEW ORDER
E. SHADID, UNITED STATES DISTRICT JUDGE.
cause is before the Court for merit review of the
Plaintiff’s complaint. The Court is required by 28
U.S.C. §1915A to “screen” the
Plaintiff’s complaint, and through such process to
identify and dismiss any legally insufficient claim, or the
entire action if warranted. A claim is legally insufficient
if it “(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or (2) seeks monetary
relief from a defendant who is immune from such
relief.” 28 U.S.C. §1915A.
a pro se prisoner, claims his constitutional rights were
violated by the Rock Island County Jail, Officer Prine,
Officer Moore and Officer Singleton. The Court notes the jail
is not a proper Defendant since it is a building and not a
“person” amenable to suit under § 1983.
See Powell v. Cook County Jail, 814 F.Supp. 757
(N.D.Ill. Mar. 2, 1993); Pope v Racine Correctional
Inst., 2012 WL 4470214 at 2 (Sept. 27, 2012)
(correctional center is not a proper defendant). Therefore,
the Court will dismiss this Defendant.
August 10, 2017, Plaintiff was located in the A-Block housing
unit. However, Plaintiff voluntarily signed himself into
segregation so he could “catch up on some sleep due to
the early hours we have to awake in the
mornings…” (Comp., p. 5).
August 11, 2017, Plaintiff asked to go back to general
population, but staff members refused stating “they
don’t move (inmates) on first shift.” (Comp., p.
5). Plaintiff says it “was a lie,” but he waited
for second shift. (Comp., p. 5). Plaintiff was again told
staff would not move inmates during second shift, so he
waited for third shift.
was still in segregation on August 12, 2017, and he again
asked first shift officers to move him. Plaintiff was told he
would move at shift change, but nothing happened.
second shift, Plaintiff asked Officer Singleton to move him
back to general population and the Defendant agreed Plaintiff
could move after dinner. Defendant Singleton confirmed
Plaintiff would be moving back to A-block. Plaintiff then
asked if he was going back to his old cell.
“‘[I]nstead of him answering me, C/O Prine come
through the intercom yelling at me and stating I’ll go
where I’m told…” (Comp., p. 6). Plaintiff
told Defendant Prine he was not talking to him and to
“mind his business.” (Comp., p. 6). Prine became
angry and refused to move Plaintiff.
August 13, 2017, Plaintiff “demanded” to speak
with a Lieutenant or Sergeant. (Comp., p. 6). When the
officers ignored him, Plaintiff then “stuck my arm out
the chuck to prevent it from being closed.” (Comp., p.
6). When Officer Utz attempted to close it, Plaintiff
repeated his demand, but the officer said he could
“care less and never brought me a lieutenant or
sergeant.” (Comp., p. 6). Ultimately, Officer Boswell
agreed if would check whether Plaintiff could still move back
to general population after dinner, and Plaintiff “let
him close the chuckhole.” (Comp., p. 6).
dinner, Plaintiff asked Officer Boswell about moving, but the
officer informed Plaintiff he could not move because Officer
Utz had written a disciplinary ticket accusing Plaintiff of
throwing a tray at the officer. Plaintiff asked Officer
Boswell to get a sergeant or lieutenant to find out why
Plaintiff had not been moved and why Officer Utz wrote a
“false ticket” against him, (Comp., p. 6). No one
came to Plaintiff’s cell.
was let out of his cell for an hour during the evening and
the “whole time I was pressing the intercom requesting
to speak with a lieutenant/sergeant,” but officers
stopped answering the intercom. (Comp., p. 7).
then asked for a shower which he was allowed, but within
“two seconds” Defendants Moore and Singleton were
standing outside “threatening to snatch me
out…” (Comp., p. 7). Plaintiff again asked to
see a sergeant or lieutenant, but the officers told him he
better lock up before things got “ugly.” (Comp.,
Prine and another officer then arrived with tasers ant told
Plaintiff to lock up. Plaintiff responded by putting his
hands on his head and stating he was not a threat to anyone.
He just wanted to speak to a sergeant or lieutenant.
C/Os Moore and Singleton used this time to advance on me from
behind and snatch my hands from over my head, pulled me under
the camera and play tug of war with me and made it appear as
if I was resisting and C/O Prine seized the opportunity and
did what his evil heart desired to taze me. (Comp, p. 7).
says he has had “several encounters” with
Defendant Prine in the past. (Comp., p. 7). In addition,
since he the incident, Plaintiff claims his nerves have been
jumping and he wakes up at ...