United States District Court, S.D. Illinois
SCOTT A. MEDFORD, #Y22728, Plaintiff,
C/O WALT, and JOHN/JANE DOE, Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, U.S. DISTRICT JUDGE
Scott Medford, an inmate in Menard Correctional Center,
brings this action pursuant to 42 U.S.C. § 1983 for
deprivations of his constitutional rights that allegedly
occurred at St. Clair County Justice Center
(“Jail”). (Doc. 9). In his First Amended
Complaint, Plaintiff claims that legal mail at the Jail is
being opened before inmates receive it. (Doc. 9, p. 5). This
case is now before the Court for a preliminary review of the
First Amended 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). 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. 2009).
careful review of the First Amended Complaint and any
supporting exhibits, the Court concludes that this action is
subject to summary dismissal.
First Amended Complaint
First Amended Complaint (Doc. 9), Plaintiff makes the
following allegations: “[l]egal mail is being opened
prior to getting [to the] intended [recipient].” (Doc.
9, p. 5). Plaintiff further claims that in St. Clair County,
there is a “blatant disregard” for the rights of
inmates. Id. “[O]n May 24, 2017 C.O. Walt gave
[Plaintiff] open legal mail.” Id. Plaintiff
did not include a request for relief in his First Amended
Complaint. However, on November 2, 2017, Plaintiff filed a
document titled “Supplemental First Amended
Complaint” (Doc. 11) in which he requests that this
Court add a request for monetary damages and injunctive
relief “requiring the grievance procedure to be
fixed” at the Jail to the First Amended
Complaint.(Doc. 11, p. 1).
Court previously designated a single count in this pro
se action. The parties and the Court will continue to
use this designation, with a slight modification included
herein, in all future pleadings and orders, unless otherwise
directed by a judicial officer of this Court. The designation
of this count does not constitute an opinion regarding its
10 - First and/or Fourteenth Amendment access to
courts claim for the opening and reviewing of Plaintiff's
legal mail at the Jail.
discussed in more detail below, Count 10 will be dismissed
without prejudice for failure to state a claim upon which
relief may be granted. Any other intended claim that has not
been recognized by the Court is considered dismissed without