United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. DISTRICT JUDGE.
Frank Martin, an inmate at Menard Correctional Center
(“Menard”), brings this action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights. Specifically, Plaintiff claims that
the defendants failed to protect him from another inmate and
harassed him in violation of the Eighth Amendment. (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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to allow this case to proceed
past the threshold stage.
makes the following allegations in his Complaint (Doc. 1):
Plaintiff was moved into a cell with inmate Calvin Gaines,
who was transferred to Menard after a history of inmate
assaults at previous facilities. (Doc. 1, p. 5). Gaines told
the sergeant who placed him in the cell that he was on single
cell status. Id. The sergeant told him to
“‘do him a favor” and let Plaintiff stay.
Id. “From that day [Plaintiff] was living
under threats of violence.” Id. Gaines was
under psychiatric care for violence and “impossible to
cell with despite everything [Plaintiff] tried to do to get
along with him.” Id. Plaintiff asked for help
repeatedly from multiple people. Id. Plaintiff told
Defendant Pappas, and she told Plaintiff that she was
familiar with Gaines and his history. Id. She
recommended that Plaintiff stand up to Gaines. Id.
Vasquez did a gallery tour and told Gaines that he put him in
for a transfer. Id. He was not transferred, though,
and his “his hostility and anger grew
exponentially.” Id. Plaintiff told
“psych doctor ‘Val'” about the
situation, but he did not provide Plaintiff with any advice.
was called to “IA” about an incident on the ward.
Id. IA Bridges conducted the interview. Id.
Plaintiff told him about his cell situation and that he
needed help. Bridges told Plaintiff that he could move him in
about two weeks, and Plaintiff told him that he would try to
“hold out that long.” Id. After that,
“[c]onditions rapidly deteriorated. [Plaintiff]
couldn't even get down from [his] bunk without a
sent a letter to Defendant Samuel on May 20, 2016.
Id. Plaintiff also told Defendant Stineson what was
going on and asked him to be moved. Id. Stineson
told Plaintiff that he had to get into a fight with Gaines
and be sent to segregation. Id. Plaintiff had two
other visits with Pappas where he told her that he needed
help with his situation, but she told him that she could not
25, 2016, Gaines called Plaintiff a snitch. Id.
Gaines packed up his property and told Plaintiff that he
“wasn't going to live.” Id. Although
corrections officers were unlocking cells for showers, Gaines
told Plaintiff that he would not be going to the shower.
Id. Gaines grabbed Plaintiff by the neck, pulled him
off the top bunk, and slammed his head into the wall.
Id. He then hit Plaintiff on the back of the head,
rendering him unconscious and “busting [his] head
open.” Id. Plaintiff regained consciousness as
they were cuffing Gaines. Id. Plaintiff was in pain,
dizzy, sick to his stomach, and incoherent. Id.
was taken to the infirmary, and on the way, Defendant Johnson
verbally abused him. Id. While in the infirmary,
Plaintiff was subjected to verbal abuse by multiple
corrections officers. Id. Plaintiff did not receive
an X-ray or MRI. Id. Dr. Trost told the nurse that
it was not necessary, despite the fact that Plaintiff knew he
had a concussion. Id. Plaintiff told the medical
staff that he was ...