United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert District Judge
William Price, an inmate who is currently incarcerated in Big
Muddy River Correctional Center, brings this action pursuant
to 42 U.S.C. § 1983 for alleged deprivations of his
constitutional rights by the Cumberland County Sheriff's
Department. (Doc. 1). He seeks declaratory relief and
monetary damages against the defendants. (Doc. 1, p. 5).
Plaintiff's Complaint is now before the Court for
preliminary review under 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
28 U.S.C. § 1915A. 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).
around May 19, 2017, Irene Weaver contacted the Toledo Police
Department and requested an emergency dispatch to assist with
an “incident” at her residence, which is located
at 504 5th Street in Jewitt, Illinois. (Doc. 1, p. 2). She
indicated that William Price, who also resided at the
address, intended to commit suicide by overdosing on Thorzine
tablets. Id. The police were dispatched to the
residence, where they found Price watching television.
time, Price was not engaged in any conduct that would have
provided reasonable grounds to believe he had or was about to
engage in any wrongdoing. (Doc. 1, p. 2). The police
nevertheless arrested him without cause or provocation.
Id. In the process, they used excessive force
against him. Id.
other things, the police grabbed Plaintiff and slammed him
against the camper's window, causing it to shatter. (Doc.
1, p. 2). They slammed him against the floor, shoved a gun in
his face, and handcuffed him while violently twisting his
arms behind his back. Id. This caused Plaintiff to
suffer from abrasions and “extreme pain.”
Id. Once he was handcuffed, Plaintiff was also
stunned with a taser gun “multiple times.”
Id. The officers then dragged Plaintiff from his
residence and forced him into a police vehicle where he was
shackled, causing “public disorder.” (Doc. 1, p.
Price arrived at Cumberland County Sheriff's Department,
he requested medical treatment. (Doc. 1, p. 3). Instead of
providing him with medical care, however, Price was again
subdued using a taser gun on three separate occasions.
Id. This caused “high voltage to penetrate his
back and rib cage.” Id. During one episode,
the officers responded to his request for medical care by
placing Price in a locked and windowless cell, strapping him
into a chair, turning off the lights, using the taser on him,
punching him, and then threatening to do it again if he did
not stop “whin[ing].” Id. All the while,
they ignored his pleas for medical treatment. Id.
Plaintiff was then forced to spend the night strapped into
the chair. Id.
following morning, Price was released on bail. (Doc. 1, p.
3). His family immediately noticed bruises and abrasions on
his body. Id. They requested an official
investigation into the matter. Id. They were told to
“just leave the matter alone, ” or “more
charges may be added.” (Doc. 1, pp. 3-4). Price was
taken to a hospital, where he was admitted for treatment.
(Doc. 1, p. 3). ...