United States District Court, S.D. Illinois
SUNTEZ PASLEY, TAIWAN M. DAVIS, SHAWN BUCKLEY, and RICHARD TURNER, Plaintiffs,
CRAMMER, COLE, COOK, PHILIPS, ROSS, HAWKINS, and SNYDER Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT, U.S. DISTRICT JUDGE.
Suntez Pasley, Taiwan M. Davis, Shawn Buckley, and Richard
Turner are all inmates in the Alton Law Enforcement Center.
They bring this action for deprivations of their
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiffs request damages and injunctive relief. This case
is now before the Court for a preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A, which provides:
(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.3d816, 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
are housed in 8x10 cells 23 hours a day with a camera over
the toilet. (Doc. 1, p. 4). The Alton City Jail was not
designed for prolonged stays. (Doc. 1, p. 5). Plaintiffs note
that these conditions could have an enormous psychological
impact upon them. Id. The showers at the jail are
unclean because the janitor fails to clean them. Id.
Plaintiffs are kept in isolation from one another for
non-disciplinary reasons. (Doc. 1, p. 6). They are further
subjected to total darkness from 12:00 am until 11:00 am.
allege that they are not being given adequate recreation.
(Doc. 1, p. 5). Specifically, they allege that they are only
allowed 1 hour of recreation a day, and that the hour is
sometimes docked for trivial reasons. Id. In one
instance, an unnamed Plaintiff lost recreation time after
asking an officer to pass a book for him. Id. Jail
officials also include shower time with recreation time,
which cuts into Plaintiffs' recreation time. Id.
are receiving inadequate nutrition. (Doc. 1, p. 4).
Specifically, they are being fed a Hostess cake for
breakfast, a bologna sandwich for lunch, and a kids' TV
dinner at night. (Doc. 1, p. 4). The officers serving food to
detainees do not have a food and sanitation license. (Doc. 1,
allege that they do not have adequate law library access and
that all of the named defendants are aware of the situation
but refuse to correct it. (Doc. 1, p. 4).
grievances and complaints are being decided at times by the
officer who is the ...