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Quillman v. IDOC

United States District Court, S.D. Illinois

June 4, 2018

ROBERTA NICKIE EZELL QUILLMAN, also known as ROBERT N. QUILLMAN NO. B85887, Plaintiff,
v.
IDOC, NICHOLAS LAMB, MICHAE B. GILREATH, and C/O RUTHERFORD, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE

         Plaintiff Roberta Nickie Ezell Quillman (a/k/a Robert N. Quillman), a transgender inmate of the Illinois Department of Corrections (“IDOC”) currently incarcerated at Pontiac Correctional Center (“Pontiac”), brings this action for deprivations of her constitutional rights pursuant to 42 U.S.C. § 1983. (Doc. 1). Plaintiffs original Complaint (Doc. 1), which was filed when Plaintiff was housed at Lawrence Correctional Center (“Lawrence”), alleged as follows:

• Plaintiff is a transgender inmate who identifies as female and suffers from gender identity disorder.
• Unspecified officials at Lawrence were denying Plaintiffs emergency requests for protective custody.
• Plaintiff was being subjected to “public humiliation, discrimination, bullying, [and] physical and mental abuse.
• Plaintiff had been raped, sexually assaulted, and beaten by male inmates and by staff at Lawrence.
• Plaintiff had attempted suicide.

(Doc. 1, p. 5). In connection with these claims, Plaintiff sought monetary damages and injunctive relief. Specifically, Plaintiff asked to be placed in protective custody at Pontiac or Stateville Correctional Center. As noted above, after filing the original Complaint, Plaintiff was transferred to Pontiac and is presently incarcerated at that institution.

         The original Complaint did not associate Plaintiff's claims with any particular individual; instead, she generally alleged she had been assaulted by “Lawrence Correctional Staff.” Unfortunately, however, Plaintiff did not identify any particular staff member or describe how any particular staff member was personally involved in violating her constitutional rights. Accordingly, the original Complaint was dismissed without prejudice and with leave to amend. The IDOC, however, was dismissed with prejudice as an improper defendant. In dismissing the original Complaint, the Court explained as follows:[1]

If Plaintiff wants to pursue her claims, she must file an amended complaint. If known, the amended complaint should identify who violated Plaintiff's constitutional rights by name and should include a description of how Plaintiff's rights were violated. If Plaintiff does not know the names of these individuals, she can refer to them by Doe designation (e.g., John Doe 1 (correctional officer working the noon shift). Additionally, any individual Plaintiff intends to sue should be identified as a defendant in the case caption and should be referenced in the body of the amended complaint.

(Doc. 5, p. 4).

         This case is now before the Court for a preliminary review of the Amended Complaint 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 ...

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