United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. CHIEF DISTRICT JUDGE.
Devon Johnson, an inmate in Graham Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 for events that
occurred at Southwestern Correctional Center. Plaintiff seeks
damages, restoration of his good time credit, and an
adjustment to his disciplinary record. 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.3d 816, 821 (7th Cir.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; portions of this action are subject to
arrived at Southwestern Correctional Center on August 9,
2017. (Doc. 1, p. 4). On August 20, 2017, Kinsey subjected
Plaintiff to a strip search. Id. Plaintiff alleges
that Kinsey struck him several times during the course of the
search. Id. Plaintiff reported the incident to the
administration and filed grievances. Id. Kinsey then
began harassing Plaintiff and his witness in retaliation for
the report. Id. The harassment was mostly verbal,
but Kinsey would also frequently subject Plaintiff to cell
shakedowns during which Plaintiff's personal property
would be “accidentally” damaged. (Doc. 1, p. 5).
Plaintiff's original grievance was denied by the
grievance officer, he appealed to Warden Bazile-Sawyer on
September 8, 2017. (Doc. 1, p. 4).
result of Kinsey's harassment, Plaintiff decided to
arrange for a transfer out of Southwestern by refusing to
participate in the substance abuse program there. (Doc. 1, p.
5). His decision not to participate caused him to draw a
series of disciplinary reports. (Doc. 1, pp. 10- 14).
Plaintiff was punished by loss of privileges, loss of 1 month
good time credit, and a disciplinary transfer out of
Southwestern. (Doc. 1, p. 5).
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 2 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a