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Pasley v. Crammer

United States District Court, S.D. Illinois

January 10, 2018

SUNTEZ PASLEY, TAIWAN M. DAVIS, SHAWN BUCKLEY, and RICHARD TURNER, Plaintiffs,
v.
CRAMMER, COLE, COOK, PHILIPS, ROSS, HAWKINS, and SNYDER Defendants.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT, U.S. DISTRICT JUDGE.

         Plaintiffs 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 such relief.

         An 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. 2009).

         Upon 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 dismissal.

         The Complaint

         Plaintiffs 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. Id.

         Plaintiffs 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.

         Plaintiffs 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, p. 6).

         Plaintiffs 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).

         Plaintiffs' grievances and complaints are being decided at times by the officer who is the ...


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