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Parks v. Sabo

United States District Court, S.D. Illinois

June 11, 2018

ANTHONY PARKS, Plaintiff,
v.
SABO, COOK, LAZANTE, STROUEBERG, STROUD, LEBIG, GREEN, RISPERA, MESSEY, BRANDY, and BARBARA Defendants.

          MEMORANDUM AND ORDER

          J. Phil Gilbert U.S. District Judge.

         Plaintiff Anthony Parks, an inmate in St. Clair County Jail, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff requests damages. This case is now before the Court for a preliminary review of the 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 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).

         Upon careful review of the Complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; portions of this action are subject to summary dismissal.

         The Complaint

         Plaintiff originally brought suit on March 7, 2018. (Doc. 1). However, the original Complaint was unsigned. (Doc. 1, p. 6). The Court directed Plaintiff to file a signed compliant, which he did on March 15, 2018. (Doc. 6). With that exception, the signed Complaint at Doc. 6 is identical to the originally submitted complaint.

         Plaintiff alleges that he was moved to Cell Block G on August 7, 2016 in the St. Clair County Jail. (Doc. 6, p. 5). The cell doors on that unit did not lock, allowing inmates to move freely about the block after lockdown time. Id. Inmates would enter others' cells without their consent, which caused fights. Id. Plaintiff's left pinkie finger was injured in one such brawl. Id. It requires surgery. Id. To this day, Plaintiff's finger still does not function properly. Id. Plaintiff complained to Sabo, Cook, Lazante, Stroueberg, Stroud, Lebig, Green, Rispera, and Messy about the late night fights and his finger. Id.

         Plaintiff alleges that he complained to Brandy and Barbara about his finger, but that they told him he had to put in a sick call slip. Id. Plaintiff did so, but never received any treatment for his pinky finger.

         Discussion

         Based on the allegations of the Complaint, the Court finds it convenient to divide the pro se action into 2 counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a ...


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