United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON, DISTRICT JUDGE
Dontae Luster, an inmate at Shawnee Correctional Center
(“Shawnee”), brings this action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights. In his Complaint, Plaintiff claims his
constitutional rights have been violated in various ways,
including through unconstitutional conditions of confinement
and an inadequate grievance procedure at Shawnee. (Doc. 1).
This case is now before the Court for a preliminary review of
the Complaint 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. 2009).
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to dismiss the Complaint
without prejudice for failure to state a claim upon which
relief may be granted.
Complaint (Doc. 1), Plaintiff makes the following
allegations: on November 1, 2011, the Illinois Department of
Corrections (“IDOC”) Director Godinez signed a
consent decree that designated Shawnee as a medium security
facility. (Doc. 1, p. 6). “To this day, Shawnee C.C. is
[run] as a ‘punishment prison' where the prisoner
housed there is treated to harsher conditions of confinement
to arbitrarily punish that Medium classified prisoner without
legal right or justification by law.” Id. At
Shawnee, prisoners are subjected to “harsher conditions
of confinement.” Id.
does not have an E-file system in place to enable
inmates' access to the federal courts. Id.
“Prison policy is to make the prisoner spend as much
money as possible on copies, postage, and writing supplies .
. . to deter the First Amendment activity of seeking federal
review of IDOC policies at Shawnee.” Id.
time is denied and cut short” so that it falls below 5
to 7 hours per week. Id. Gym lines are also cut to
thirty minutes per line. Id.
kitchen is dirty. (Doc. 1, p. 7). There are no steam tables
on the serving line and no heaters to keep food hot.
Id. There is also no hot water to wash trays, cups,
and sporks used to feed the inmate population. Id.
Food is also stored and served at room temperature.
Id. Servers and cooks wear “dirty state
blues” rather than “whites” and do not wear
beard nets. Id. Food is served by hand by prisoner
line workers. Id. The kitchen is run this way to
retaliate and punish and “to impose harsher conditions
of confinement on the prisoner population.”
in certain units are broken and sealed shut with screws in
the winter months, subjecting prisoners to cells with no
ventilation. Id. Heaters ...