United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, CHIEF JUDGE
Bobby Lee Battle, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Illinois River Correctional Center, brings
this civil rights action pursuant to 42 U.S.C. § 1983.
(Doc. 1). Plaintiff's claims relate to his prior
incarceration at Shawnee Correctional Center
(“Shawnee”). According to the Complaint,
officials violated Plaintiff's constitutional rights by
subjecting him to humiliating treatment.
matter is now before the Court for a preliminary review
pursuant to 28 U.S.C. § 1915A. Under § 1915A, the
Court is required to screen prisoner complaints to filter out
non-meritorious claims. See 28 U.S.C. §
1915A(a). Any portion of a complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or seeks money damages from a
defendant who by law is immune from such relief, must be
dismissed. 28 U.S.C. § 1915A(b). At this juncture, the
factual allegations in the pro se complaint are to
be liberally construed. See Rodriguez v. Plymouth
Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).
to the Complaint, on April 29, 2018, from approximately 5:00
p.m. until 5:55 p.m., Officers Kunatan and Miles subjected
Plaintiff to humiliating treatment. (Doc. 1, p. 5).
Specifically, Plaintiff claims that Kunatn and Miles ordered
him and his cellmate to “put on a[n] adult [diaper] and
walk the whole tier.” Id. Defendants allegedly
told Plaintiff he would be punished with segregation and loss
of good conduct credit if he refused to comply with the
order. Id. Plaintiff also claims that both officers
have directed racially charged statements at him and that,
because the officers often spend time in Plaintiff's cell
(to “fake fight” with him or “sit[ting] on
[his] bed and talk[ing] about lots of things every
day”), other inmates and his family members have
accused him of being a “bitch” and a homosexual.
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into
a single count. The parties and the Court will use this
designation in all future pleadings and orders, unless
otherwise directed by a judicial officer of this Court. The
designation of this count does not constitute an opinion as
to its merit. Any claims that are not
identified below are dismissed without prejudice from
1 - Eighth Amendment claim against Defendants for
ordering Plaintiff to walk the tier in an adult diaper.
Complaint articulates a viable Eighth Amendment claim against
Kunatn and Miles for ordering Plaintiff to walk, in front of
other prisoners, in an adult diaper. It is difficult to
discern any possible penological purpose for such a
directive, and taking Plaintiff's allegations as true, it
appears that the directive was issued to humiliate and harass
him. Accordingly, Count 1 shall receive further review as to
Kunatn and Miles. See e.g., Mays v. Trancoso, 412
Fed.Appx. 899, *3 (7th Cir. 2011); Mays v.
Springborn, 575 F.3d 643, 649 (7th Cir. 2009);
Whitman v. Nesic, 368 F.3d 931, 934 (7th Cir. 2004).
The Complaint, however, fails to state a claim as to Warden
Dennison; there is no indication that he was personally
involved in the alleged constitutional violation.
Accordingly, he shall be dismissed from Count 1, and from the
Complaint, without prejudice. See Kinslow v.
Pullara, 538 F.3d 687, 692 (7th Cir. 2008); Sanville
v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001).
Motion for Recruitment of Counsel (Doc. 3) is
REFERRED to United States Magistrate Judge
Stephen C. Williams.
IS HEREBY ORDERED that the Complaint, which includes
COUNT 1, shall proceed against
KUNATN and MILES. COUNT 1
is DISMISSED without prejudice as to
DENNISON. The Clerk of the Court is
DIRECTED to terminate
DENNISON as a defendant in CM/ECF.
Clerk of Court shall prepare for KUNATN and
MILES: (1) Form 5 (Notice of a Lawsuit and
Request to Waive Service of a Summons), and (2) Form 6
(Waiver of Service of Summons). The Clerk is
DIRECTED to mail these forms, a copy of the
Complaint, and this Memorandum and Order to each
Defendant's place of employment as identified by
Plaintiff. If a Defendant fails to sign and return the Waiver
of Service of Summons (Form 6) to the Clerk within 30 days
from the date the forms were sent, the Clerk shall take
appropriate steps to effect formal service on ...