United States District Court, S.D. Illinois
HARLEY M. BRADY, No. R13122, Plaintiff,
MR. BALDWIN, JOHN DOE 1, MR. DUNCAN, JOHN DOE 2, NURSE JANE DOE, and JANE DOE 1, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE
Brady v. IDOC, No. 17-cv-883-NJR (S.D. Ill. Aug. 21,
2017), Plaintiff Harley M. Brady, an inmate of the Illinois
Department of Corrections (“IDOC”) currently
housed in Lawrence Correctional Center
(“Lawrence”), brought suit pursuant to 42 U.S.C.
§ 1983 for deprivations of his constitutional rights
allegedly occurring at Lawrence. Pursuant to George v.
Smith, 507 F.3d 605 (7th Cir. 2007), an access to the
courts claim was severed from that initial action to form the
basis for this action, No. 17-cv-1203-NJR.
December 4, 2017, the Court screened the severed action
pursuant to 28 U.S.C. § 1915A. (Doc. 7). The action did
not survive preliminary review and was dismissed without
prejudice and with leave to amend. Id. On April 16,
2018, after receiving three extensions, Plaintiff filed an
Amended Complaint. (Doc. 16). The Amended Complaint is now
before the Court for preliminary review pursuant to §
Review - Applicable Standard
1915A provides as follows:
(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).
is in IDOC custody as a result of his convictions in La Salle
County, Illinois, for armed robbery and unlawful possession
of a weapon by a felon (No. 13-cf-202). See People v.
Brady, 2017 IL App (3d) 150184-U, appeal denied, 98
N.E.3d 37 (Ill. 2018). According to the Amended Complaint,
prior to sentencing, Plaintiff requested that certain
officials release his mental health records. Plaintiff
intended to have these records included in his presentence
investigation report (“PSI”). The records were
never released, and Plaintiff's grievances and complaints
pertaining to the unreleased records were not adequately
addressed. Plaintiff's sentencing proceeded, without the
mental health records, and his subsequent motion to
reconsider sentencing was denied. Plaintiff contends that,
because the mental health records were not included in his
PSI, he did not receive a fair sentencing hearing. In
connection with these claims, Plaintiff has named the
officials allegedly involved in failing to release the
records and/or the officials who allegedly failed to address
his grievances. Plaintiff claims that Defendants deprived him
of due process and/or access to the courts. He also brings an
Illinois common-law negligence claim. Plaintiff seeks
declaratory relief, injunctive relief, and monetary damages.
well established that a plaintiff in a case brought under 42
U.S.C. § 1983 may not raise claims that, if correct,
would necessarily imply the invalidity of a state conviction
or sentence unless and until that conviction or sentence has
been set aside. See Heck v. Humphrey, 512 ...