United States District Court, S.D. Illinois
ANDREW E. PHILLIPS, #50518, Plaintiff,
THE PEOPLE OF ILLINOIS, SHERIFF JOHN LAKIN, CAPTAIN CHRISTOPHER EALES, and CAPTAIN RANDY YOUNG, Defendants.
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge.
Andrew E. Phillips, an inmate who is currently incarcerated
at Madison County Jail (“Jail”), brings this
civil rights action pursuant to 42 U.S.C. § 1983 for
deprivations of his constitutional rights. According to the
Complaint, Plaintiff has been subjected to unconstitutional
conditions of confinement at the Jail since February 4, 2018.
(Doc. 1, pp. 1, 5). In connection with this claim, he seeks
monetary damages against the People of Illinois, Sheriff John
Lakin, Captain Christopher Eales, and Captain Randy Young.
(Doc. 1, pp. 1, 6).
case is now before the Court for preliminary review of the
Complaint (Doc. 1) 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.
Complaint and supporting exhibit, Plaintiff states that he
has been housed at Madison County Jail since February 4,
2018. (Doc. 1, p. 1). He complains about the conditions that
he and other inmates have been forced to endure at the Jail.
(Doc. 1, pp. 5, 7). In the statement of his claim, Plaintiff
alleges that inmates are required to sleep on the dayroom
floor, where they are exposed to the smell of raw sewage.
(Doc. 1, p. 5). The correctional officers have ignored the
inmates' complaints about these conditions. Id.
with the Complaint, Plaintiff filed a copy of a grievance
that he sent to Captain Eales on or around April 30, 2018.
(Doc. 1, p. 7). In the grievance, he refers to two other
grievances he filed about the same matter with Captain Eales
and Captain Young on April 20 and 27, 2018. Id.
Plaintiff filed this suit before he received responses to the
grievances. Id. In the grievance to Captain Eales
dated April 30, 2018, however, Plaintiff complains about the
fact that inmates are forced to sleep on the dayroom floor
and rest their heads against walls that are covered in black
mold. Id. Sewer smells emanate from drains in the
dayroom and shower room floors. Id. The fumes are
harmful to Plaintiff's health. Id. The sinks
also have no cold water, so inmates must drink hot water.
Id. In addition, they have been denied access to
recreation. Id. Plaintiff indicates that he and
other inmates have asked Captain Eales and Captain Young for
at least 30 minutes of recreation time, and the inmates have
received none. Id.
facilitate the orderly management of future proceedings in
this case, and in accordance with the objectives of Federal
Rules of Civil Procedure 8(e) and 10(b), the Court deems it
appropriate to organize the claim in Plaintiff's pro
se Complaint into the following counts:
Count 1: Conditions-of-confinement claim
against Defendants for forcing inmates to sleep on the
dayroom floor, exposing them to black mold and the smell of
raw sewage, denying them access to cold water, and denying
them recreational ...