United States District Court, S.D. Illinois
ANTRELL A. TEEN, Plaintiff,
ST. CLAIR COUNTY JAIL, PHILLIPH MCLAUREN, SGT. NICHOLS, CAPTAIN KENNY, ARAMARK, MARY DAVIS, NURSE DEBORAH, NURSE BRANDY, NURSE ROBIN, NURSE BARBARA, NURSE APRIL, SGT. MASSEY, C/O JOHNSON, and ST. CLAIR COUNTY, Defendants.
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
Antrell Teen, an inmate who is currently incarcerated at St.
Clair County Jail (“Jail”), brings this pro
se action for alleged violations of his constitutional
rights under 42 U.S.C. § 1983. (Doc. 15). Several claims
from Plaintiff's original Complaint (Doc. 1) were severed
from this action pursuant to George v. Smith, 507
F.3d 605, 607 (7th Cir. 2007). The counts remaining in this
action were dismissed. Plaintiff filed a First Amended
Complaint on September 25, 2017. (Doc. 15). This case is now
before the Court for a preliminary review of the First
Amended Complaint pursuant to 28 U.S.C. § 1915A.
Section 1915A, the Court is required to promptly screen
prisoner complaints to filter out nonmeritorious claims. 28
U.S.C. § 1915A(a). The Court is required to dismiss any
portion of the Complaint that is legally frivolous,
malicious, fails to state a claim upon which relief may be
granted, or asks for money damages from a defendant who by
law is immune from such relief. 28 U.S.C. § 1915A(b).
Although the Court is obligated to accept factual allegations
as true, see Smith v. Peters, 631 F.3d 418, 419 (7th
Cir. 2011), some factual allegations may be so sketchy or
implausible that they fail to provide sufficient notice of a
plaintiff's claim. Brooks v. Ross, 578 F.3d 574,
581 (7th Cir. 2009). Additionally, Courts “should not
accept as adequate abstract recitations of the elements of a
cause of action or conclusory legal statements.”
First Amended Complaint (Doc. 15), Plaintiff makes the
following allegations: Plaintiff has been incarcerated in St.
Clair County Jail (“Jail”) from December 2015 up
to the present. (Doc. 15, p. 6). During this time, Jail
policies have not been followed by staff, administrators, and
faculty. Id. Detainees have been deprived of a
grievance procedure, a sick call procedure, and the law
library, inmate safety has been compromised, prison
conditions are poor, and the obligation to provide basic
human needs at the Jail has not been met. Id.
has complained repeatedly to Philliph McLauren, but he
disregards such complaints “by not acknowledging
complaints or grievance request[s] which violates due
process.” Id. “There is no definitive
process to rectify these deprivations . . . which leaves
[Plaintiff] and other inmates at risk of harm.”
Id. St. Clair County Jail, directed by St. Clair
County, has an “unofficial custom to deprive inmates by
their employees.” Id. The lack of a
requirement that employees follow Jail guidelines
“causes these torts which collectively shows a pattern
of deprivation even after being aware.” Id.
“Because of this custom to avoid, not acknowledge, and
disregard serious issues without changing procedures to
protect inmates, St. Clair County and Prison Administration
are believed to be the proper” defendants. Id.
his time at the Jail, Plaintiff has asked Supervisor Nichols
for a grievance and was denied. Id. He has
complained to Captain Kenny and Major McLauren in writing and
asked for a grievance hearing and was ignored. Id.
Plaintiff “notified the highest authority and his
constituents multiple times about deprivations mentioned
herein and no relief was given” so “they
participated in furthering . . . these deprivations and
contributed [to them] by disregarding [and] not acknowledging
major issues that denied [Plaintiff] of [his] constitutional
rights, basic human needs, safe conditions, [and] access to
the courts.” Id.
Plaintiff's initial medical screening, he informed the
intake nurse Brandy about his “oral needs, severe pain,
infection, inability to eat on either side of [his] mouth,
[and] needing a soft diet.” (Doc. 15, p. 7).
Plaintiff's “medical needs for dental help went
unattended from December 2015 until [they were] finally
treated December 2016.” Id. During that year,
Plaintiff experienced agonizing pain. Id. Plaintiff
sent sick call requests for help to Brandy, Barbara, and
others. He also submitted sick call requests on the kiosk
located on the cellblock. Id. He believes Nurse
Deborah and Robin view sick call requests and are supposed to
book appointments so inmates can receive help. Id.
Plaintiff submitted over 20 sick call requests but did not
see a dentist for a year because the nurses responsible for
setting appointments disregarded his requests. Id.
“This custom of disregarding the complaints of inmates
causes deprivation to medical needs.” Id.
placed sick call requests to Barbara and April, and on the
kiosk in the cell block, about eye irritation, soreness, and
redness. Id. While he was in the shower,
“black mold, rust, peeling paint, insects, and other
unknown particles became airborne and got into
[Plaintiff's] eye.” Id. The nursing staff
was notified about the issue around February 6, 2016, but he
has not been seen or treated for the issue. Id.
Nurse Deborah and Robin “are responsible for setting
appointment[s] and calling inmates to see a doctor. Treatment
is denied by these nurses.” Id.
submitted sick call requests in February 2016 and February
2017 for vomiting, nausea, and diarrhea on the kiosk in the
cell block. Id. “There was a water boil for
St. Clair County and there was no procedure in place to care
for inmates during such a time and [Plaintiff] was allowed to
drink polluted water for days.” Id. Plaintiff
went untreated and his needs were disregarded, “which
is a patterned tactic used by nurse[s] at St. Clair County
Jail.” Id. Robin and Deborah are responsible
for setting appointments and getting inmates help.
Inadequate and Unsanitary Food
has not received a nutritionally adequate diet during his
time at the Jail. (Doc. 15, p. 8). No fruit has been provided
on breakfast, lunch, and dinner trays since December 2015.
Id. Mary, the kitchen supervisor, “knows what
is served daily because the menu doesn't change. Mary
knows what is required for a balanced meal and sees that the
food prepared isn't nutritionally balanced.”
Id. Plaintiff has submitted complaints about the
issue to Mary, but he has not received a response.
food in St. Clair County is also prepared under unsanitary
conditions. Id. Inmates have informed Mary of this
and were told to ignore the issue and not “say anything
harmful when inspectors come or they will lose their tender
kitchen position.” Id. A kitchen employee
witnessed a health inspector find a violation, point it out
to Mary and McLauren, and give them a passing score
regardless. Id. He also witnessed McLauren sign off
on the document. Id. At the time of the inspection,
“stoves were broke, mold was in the kitchen and [an]
infestation.” Id. Plaintiff has witnessed
workers not wearing gloves while preparing food, trash in the
cooler after an inmate drank the juice, and trash and old
food mixed in the ice. Id. Plaintiff was fed
black-eyed peas with maggots, and there are “filthy
spouts on coolers” that are “never cleaned but
used daily.” Id. Plaintiff also believes
non-sterile items are used to prepare food. Id.
“These habits occur daily and amount to a systemic
problem. All issues have been complained about and addressed
to Mary and McLauren but [Plaintiff] receive[s] no
contributes to inmates having “diets well below
nutritional value by distributing low quality food to St.
Clair County Jail.” Id. Aramark is aware
“that the food they distribute is not fresh, lack[s]
shelf life, [and is] low quality through complaints made by
[Plaintiff] and others. Past lawsuits against Aramark show a
custom of providing inadequate food to save their customer,
St. Clair County, money.” Id. This
“custom is the moving force causing the
deprivation” and “this directive is given by
Mary.” Id. Even though Plaintiff complained
about this to McLauren, he disregarded the complaints.
Cell Emergency Buttons
are no emergency buttons in the cells at the Jail. (Doc. 15,
p. 9). Inmates are locked in their cells for “10 plus
hours, ” with officers only present every thirty
minutes and no cameras equipped. Id. In the event of
an emergency, inmates must kick the doors and scream for
help. Id. This issue has been the subject of
complaints to Kenny and McLauren. Id. Several
inmates faced medical emergencies for which they had to wait
fifteen minutes or more to be treated. Id. The Jail
employees involved in these situations included Nichols,
Wagner, April, and Cook. Id. Plaintiff also gave a
complaint to Nichols and Cook on the issue. Id.
“Faculty, staff, and administrators know of these
unsafe conditions but keep [Plaintiff]/inmate[s] in these
unsafe conditions.” Id.
Unsanitary Block Conditions
has asked block officers for cleaning supplies to address the
unsanitary conditions on his block for months. Id.
“There are 20 cells, 4 showers, 2 day room urinals, 8
day room tables, [and] 2 decks that need to be kept clean.
When cleaning supplies are brought at the officer's
discretion, there is one bucket with little solution and less
than half of a Styrofoam cup with Comet. There is no way to
clean black mold in the showers, fecal matter on toilets,
[and] clean the dining area with the minimal cleaning
supplies provided.” Id.
complained through captain complaints asking for adequate
cleaning supplies for the size and population of the block,
but he still does not “receive the minimal supplies on
a daily basis.” Id. Plaintiff asked for
supplies and complained about this to Johnson on September 7
and 12, 2017, Masse on September 7, 2017, and Smith on
September 13, 2017. Id. On September 17, 2017,
“Jerry looked at the captain complaint and threw it
back on the table.” Id. In December 2016,
Plaintiff was housed in the infirmary “where there was
fecal matter on the toilet for days/week until complaining
and Lt. Fulton gave [them] bleach. Sgt. Nichols was informed
by complaint form and did nothing to help [them].”
seeks monetary damages from the ...