United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT, U.S. DISTRICT JUDGE.
Steven Henn, Jr., an inmate Madison County Jail, brings this
action for deprivations of his constitutional rights pursuant
to 42 U.S.C. § 1983. Plaintiff seeks damages for pain
and suffering and for Defendant Mike Hare to lose his job.
This case is now before the Court for a preliminary review of
the Complaint pursuant to 28 U.S.C. § 1915A, which
(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
is a pre-trial detainee at the Madison County Jail. (Doc. 1,
p. 8). On March 9, 2018, Mike Hare hit Plaintiff multiple
times on the side of his face and then stomped and stood on
Plaintiff's face while Plaintiff was in handcuffs. (Doc.
1, p. 5). Plaintiff received medical attention and x-rays.
Id. Plaintiff was placed on suicide watch in a small
cell with 7 other individuals. Id. The cell lacked
hot water and Plaintiff was forced to sleep on the floor.
Id. Plaintiff alleges that Lakin and Eales
“let it be that way.” Id. Plaintiff
also alleges that Eales and Lakin have failed to train the
deputies at the Madison County Jail. Id.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 3 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. The following claim survives
Count 1 - Hare used excessive force on
Plaintiff on March 9, 2018 in violation of the Fourteenth
Amendment; Plaintiff has also attempted to bring other
Counts, but for the reasons listed below, these claims do not
survive threshold review:
Count 2 - Eales and Lakin had an
unconstitutional policy of failing to adequately train staff
in the use of force in violation of the Fourteenth Amendment
and allowed staff ...