Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hammons v. Baldwin

United States District Court, S.D. Illinois

April 5, 2018

KAHLIL D. HAMMONS, #Y10318, Plaintiff,
v.
JOHN BALDWIN, and KEITH E. HUBLER, Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE U.S. DISTRICT JUDGE

         Plaintiff Kahlil Hammons, an inmate at Big Muddy River Correctional Center (“Big Muddy”), brings this action pursuant to 42 U.S.C. § 1983 for deprivations of his constitutional rights while he was in the Duquoin Impact Incarceration Program. Specifically, Plaintiff claims that Defendant Hubler subjected him to excessive force in violation of the Eighth Amendment. (Doc. 1). 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.3d 816, 821 (7th Cir. 2009).

         Upon careful review of the Complaint and any supporting exhibits, the Court finds that the Complaint is sufficient to survive threshold review.

         The Complaint

         In his Complaint (Doc. 1), Plaintiff makes the following allegations: At some point between August 26, 2016 and September 6, 2016, while Plaintiff was at boot camp in Duquoin, Illinois, there was “an altercation between Defendant Lieutenant Keith E. Hubler and [Plaintiff] and Lt. Hubler criminally assaulted [Plaintiff].” (Doc. 1, p. 5).

         Plaintiff provides more details regarding the incident in a grievance attached to the Complaint.[1] According to the grievance: Plaintiff and three other inmates were supposed to be in bed, but instead were up “horse playing.” (Doc. 1, p. 11). A corrections officer caught them and made them begin to work out. Id. At that point, Hubler entered, “pinned an inmate against the wall and began to slap him over and over.” Id. Hubler also said he “wishes to take it back to the old days when they use to beat our asses and didn't have to answer to anybody.” Id. He then “smacked two other inmates” and finally “smack[ed]” Plaintiff and kicked his things across the room. Id.

         Plaintiff seeks monetary damages from the defendants. (Doc. 1, p. 6).

         Discussion

         Based on the allegations of the Complaint, the Court finds it convenient to designate a single count in this pro se action. The parties and the Court will use this designation in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.