Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Phillips v. People

United States District Court, S.D. Illinois

May 29, 2018

ANDREW E. PHILLIPS, #50518, Plaintiff,
v.
THE PEOPLE OF ILLINOIS, SHERIFF JOHN LAKIN, CAPTAIN CHRISTOPHER EALES, and CAPTAIN RANDY YOUNG, Defendants.

          MEMORANDUM AND ORDER

          J. Phil Gilbert United States District Judge.

         Plaintiff 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).

         This case is now before the Court for preliminary review of the Complaint (Doc. 1) 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 such relief.

         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).

         The Complaint

         In the 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.

         Along 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.

         Discussion

         To 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.