United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
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,
(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.
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
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
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.
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.
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