United States District Court, S.D. Illinois
DAVID W. CRITES, #78188, Plaintiff,
WOOD RIVER POLICE DEPARTMENT, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4, Defendants.
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge
David W. Crites, a detainee at Madison County Jail
(“Jail”), brings this civil rights action pro
se pursuant to 42 U.S.C. § 1983 against the Wood
County Police Department and several of its officers. (Doc.
1). In the Complaint, Plaintiff seeks monetary damages from
the defendants for an allegedly illegal search, seizure, and
assault that occurred in January 2018. (Doc. 1, p. 5). This
case is now before the Court for 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.
sets forth the following allegations in his Complaint:
I David W Crites was walking down Ferguson Ave Wood River
Illinois approx. 8 pm Jan 15, 2018. I was leaving my old
place of residence. At 415 Short St. Wood River Illinois
62095. Where a dis-agreement with my ex-roommate/lover - Ms
Mary Scalise- happend
After knocking and Mary looking out her big picture window
seeing who just pulled to the curb directly in front of 415
short, Wood River Illinois, 62095 After her asking “who
is it” - I stated it's David. Ive got a message
from “Max She let me in to said residence huged
exchanged plesentrys. Smoked high grad marjauauna. Several
minutes later after expressing concern of her well being was
asked to leave . . . After explaining I need legal paperwork
and other things she stored in shed. . . .
When she threatend she would call 911 . . . I left 415 Short
Ave and walked across railroad tracks up Furgson Ave. And was
confronted by Wood River Police.
Under the color of law. These afore mentioned Wood River
Police Officers violated my constitutional rights of life
liberty and due process of law, illegal search and seizure,
assault, crule unusal punishment abuse of power false
(Doc. 1, p. 5). Along with the Complaint, Plaintiff filed a
grievance in which he complains of limited law library
access, interference with legal documents, and mishandling of