United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Hurnton United States District Judge
Jeremiah Rice, an inmate in Danville Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983 for events that
occurred at Vandalia Correctional Center. Plaintiff seeks
compensatory and punitive 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.
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 exercise its authority
under § 1915A; portions of this action are subject to
April 1, 2017, Plaintiff had low blood sugar, which made him
incoherent, lethargic, and unresponsive. (Doc. 1, p. 7).
While transporting Plaintiff to the Health Care Unit
(“HCU”), defendant Poe pushed Plaintiff from
behind, and tightly handcuffed him, cutting off his
circulation and causing numbness and pain in his wrists.
Id. Poe then took Plaintiff to the yard office,
where he threw him down, placed his knee on Plaintiff's
back, choked him, and yelled expletives. (Doc. 1, p. 8).
Defendant Winans was present and failed to intervene.
Id. Winans threatened to “drug and bury
Plaintiff in segregation” if he reported the assault.
Id. Winans ordered Poe to take Plaintiff to medical,
and Poe dragged Plaintiff back to the HCU. Id.
family called the Vandalia Police Department and reported the
April 1st assault. (Doc. 1, p. 12). The police department
inquired at the prison, and immediately after, Plaintiff was
taken to segregation, where he stayed from April 1, 2017
through June 28, 2017. Id. Defendant Osborne issued
Plaintiff a disciplinary report because of the report made to
the police department. (Doc. 1, pp. 12-13). This disciplinary
report cited Plaintiff for interfering or impeding an
investigation and giving false information to an employee.
(Doc. 1, p. 13). Plaintiff was denied the opportunity to be
heard or present evidence at his May 5, 2017 adjustment
committee hearing. Id. Defendant Redman found him
guilty without calling any of Plaintiff's witnesses.
Id. Plaintiff was sentenced to 90 days in
segregation, 90 days of C-grade, and the revocation of 90
days good time credit, and a disciplinary transfer.
Id. Plaintiff appealed, but the Warden denied his
appeal. (Doc. 1, p. 14). Plaintiff alleges that defendant
Waggoner refused to provide protection to Plaintiff after he
filed a complaint against prison staff in retaliation for his
First Amendment conduct. (Doc. 1, p. 16). As a result,
Plaintiff was retaliated against. Id.
10, 2017, Plaintiff was returning from the HCU, when he
encountered Lt. Osborne. (Doc. 1, p. 14). Plaintiff stated
“good job with the investigation.” Id.
Osborne then wrote Plaintiff a false disciplinary report for
intimidation, threats, and disobeying a direct order.
Id. Plaintiff was found guilty by the adjustment
committee on May 11, 2017. (Doc. 1, pp. 14-15). He was
sentenced to revocation of 30 days of good time credit. (Doc.
1, p. 15). Plaintiff alleges that the guilty verdict was
based on the officer's report without any testimonial
evidence by any of the officers that allegedly witnessed the
severance order designated 5 claims for this action:
Count 1 - Poe and Winans used excessive force and/or failed
to intervene in the use of excessive force on Plaintiff on
April 1, 2017 in ...