United States District Court, S.D. Illinois
LUKE D. CONWELL, Plaintiff,
MARCUS MARVIN, NURSE HOPE, PICKFORD, PEARL, JEFFREY M. DENNISON, HILLARD, MICHAEL P. DUNNING, ALFONSO DAVID, and WEXFORD HEALTH SOURCES, INC. Defendants.
MEMORANDUM AND ORDER
HERNDON, UNITED STATES DISTRICT JUDGE
Luke Conwell, an inmate in Shawnee Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks
compensatory relief, punitive relief, and declarative relief.
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.
Court's initial review of the Complaint suggests that
there are parties and claims that are improperly joined in
this action pursuant to Federal Rule of Civil Procedure 20
and 18. Thus, the Court must sever this action into separate
March 20, 2017, Defendants Hope and Marvin were making rounds
passing out evening medication in the intake area, where
Plaintiff was housed. (Doc. 1, pp. 1-2). Plaintiff asked
Marvin for some toilet paper. (Doc. 1, p. 2). Marvin refused.
Id. Plaintiff stuck his hand out of the chuckhole
clutching the empty roll to show Marvin that he was truly out
of toilet paper. Id. Marvin refused. (Doc. 1, p. 3).
Plaintiff asked Marvin for a grievance form. Id.
Marvin then began slamming the chuckhole cover on
Plaintiff's hand and stabbing him with the large
chuckhole key. (Doc. 1, pp. 3, 12). Plaintiff's hand
began bleeding and swelling immediately. Id.
Plaintiff alleges he had a large gash in the shape of the
chuckhole key on his hand. Id. Marvin said
“[n]ow write that up.” (Doc. 1, p. 3).
witnessed the entire incident and failed to intervene.
Id. Hope also turned a deaf ear to Plaintiff's
repeated requests for medical attention over the next 3 days.
(Doc. 1, p. 4). She told him to place a sick call slip, but
Plaintiff alleges that his sick call slips and grievances to
Warden Dennison went unanswered. Id. A day shift
nurse finally noticed Plaintiff's hand was infected on
March 27, 2017. (Doc. 1, p. 5). Plaintiff was diagnosed with
a severe infection and his injuries prompted an investigation
against Marvin by internal affairs. (Doc. 1, pp. 6-7).
Pickford and Pearl investigated the incident, but Plaintiff
alleges that they were biased against him from the start and
tried to cover it up. (Doc. 1, pp. 7-9).
alleges that after he reported the incident, Defendants
Marvin, Hope, Pickford, Pearl, Dennison, Hillard, Dunning,
David, and Wexford all conspired to retaliate against him.
(Doc. 1, pp. 9-10). In support of his conspiracy allegations,
Plaintiff alleges that Dennison stamped Plaintiff's
grievance “received” on April 6, 2017, when
Plaintiff submitted it on March 20, 2017. (Doc. 1, pp.
believes that Dennison deliberately back-dated his grievance
and contacted Marvin so that Marvin could retaliate against
Plaintiff. (Doc. 1, p. 14). Plaintiff alleges that Marvin
retaliated against him by moving him to a cell without power,
when he knew that Plaintiff had a TV. (Doc. 1, pp. 14-15).
Plaintiff believes Marvin further retaliated against him by
causing the B. of I. officer to charge Plaintiff $500 for a
new prison ID when the cost is $5.00. (Doc. 1, p. 15).
Plaintiff alleges that it took weeks to have his trust fund
account corrected. Id. Plaintiff also alleges that
he was prevented from shopping at the commissary on July 7,
2017 by non-defendant Ashmore, which he believes is a further
act of retaliation on Marvin's behalf. (Doc. 1, pp.
15-16). Plaintiff wrote a grievance about this issue, but
Defendant Hillard, as part of the conspiracy, refused to
process it because Plaintiff had requested demotions and
transfers as his relief. (Doc. 1, p. 17). Hillard and
Dennison refused to respond to other grievances Plaintiff
filed. (Doc. 1, p. 18).
August 17, 2017, Orange Crush conducted a shakedown of
Plaintiff's housing unit. Id. Dunning shook down
Plaintiff's cell. Id. Plaintiff complied with
all of his orders. (Doc. 1, pp. 18-19). As Plaintiff exited
the cell, Dunning pushed his head down in a violent manner.
(Doc. 1, p. 19). Plaintiff told Dunning that he had
“decentagrading” disc disease, but Dunning
didn't listen and threw Plaintiff into the wall outside
of Plaintiff's cell. Id. Dunning then pushed
Plaintiff's head down again as he was walking.
Id. Plaintiff told Dunning not to put his hands on
him. Id. Dunning pushed Plaintiff's head down
again. (Doc. 1, p. 20). Plaintiff told Dunning to
“relax, it's not that serious.” Id.
Dunning then pulled Plaintiff out of line, and slammed him
into the concrete. Id. Plaintiff again tried to tell
Dunning about his back problems, but Dunning began punching
him in the head. Id. Dunning continued to assault
Plaintiff while escorting him to segregation. Id.
Dunning wrote Plaintiff a false disciplinary report. (Doc. 1,
wrote multiple grievances and letters to Dr. David requesting
medical care for his injuries after the August 17th incident,
but David never responded. (Doc. 1, p. 23). The assault had
aggravated Plaintiff's back condition, but David never
renewed Plaintiff's pain medication. Id.
Plaintiff apparently saw David at some point after he was
released from segregation. (Doc. 1, p. 24). Plaintiff
requested an MRI and referral to a specialist. Id.