United States District Court, N.D. Illinois
L. Alonso, United States District Judge.
motion to dismiss  is granted. The complaint  is
dismissed with prejudice for failure to state a claim. This
dismissal shall count as one of Plaintiff's three
allotted “strikes” within the meaning of 28
U.S.C. § 1915(g). The Clerk is instructed to close this
case and enter judgment accordingly. Civil case terminated.
Alisha Walker, a prisoner currently confined at Decatur
Correctional Center, brings this pro se civil rights
action under 42 U.S.C. § 1983. Plaintiff alleges that
she was subjected to unconstitutional living conditions while
confined in the Cook County Jail from January 2014 through
March 2016. In an order dated December 12, 2018, the Court
found that Plaintiff's allegations stated a federal claim
for unconstitutional living conditions. (Dkt. 13.)
Sheriff Tom Dart now moves to dismiss the complaint, pursuant
to Fed.R.Civ.P. 12(b)(6), on the basis that Plaintiff's
§ 1983 claim is time-barred. (Dkt. 20.) Plaintiff filed
a response. (Dkt. 23.) For the reasons discussed below, the
Court grants Defendant's motion to dismiss.
purposes of this motion, the Court accepts as true the
following allegations in Plaintiff's complaint:
was detained at Cook County Jail, in Divisions 3 and 4, from
January 2014 through March 2016. (Dkt. 12, pg. 4.) Prior to
her detention, she was in excellent health. (Id.)
Unsanitary living conditions in both Divisions 3 and 4
consisted of: mold and mildew in showers; mold in cells;
dirty standing water in showers and cells from burst pipes;
raw sewage that backed up into cells every time it rained;
mouse droppings in cells; roaches in cells and food; no
sunlight or ventilation in cells and living quarters; and
radiation from body scans. (Id.) Due to these
conditions, Plaintiff began experiencing neck and back pain,
joint inflammation, recurring headaches, bouts of nausea and
diarrhea, insomnia, panic attacks and breathing problems.
(Id., pg. 5.) Plaintiff repeatedly sought medical
attention for these conditions, both while at Cook County
Jail and later once she was in IDOC custody. (Id.)
After blood testing, Plaintiff was eventually diagnosed with
severe inflammation throughout her body. (Id.)
on these allegations, the Court allowed Plaintiff to proceed
on a claim of unsanitary living conditions. (Dkt. 13.)
Standard of Review
evaluating a motion to dismiss for failure to state a claim,
the pertinent pleading standard is Federal Rule of Civil
Procedure 8(a)(2). Under that rule, a complaint generally
need only include “a short and plain statement of the
claim showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a)(2). This short and plain statement must
“give the defendant fair notice of what the . . . claim
is and the grounds upon which it rests.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167
L.Ed.2d 929 (2007) (alteration in original) (internal
quotation marks and citation omitted). The Seventh Circuit
has explained that this rule “reflects a liberal notice
pleading regime, which is intended to ‘focus litigation
on the merits of a claim' rather than on technicalities
that might keep plaintiffs out of court.” Brooks v.
Ross, 578 F.3d 574, 580 (7th Cir. 2009) (quoting
Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514, 122
S.Ct. 992, 152 L.Ed.2d 1 (2002)).
motion under Rule 12(b)(6) challenges the sufficiency of the
complaint to state a claim upon which relief may be
granted.” Hallinan v. Fraternal Order of Police of
Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009).
“[A] complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d
868 (2009) (quoting Twombly, 550 U.S. at 570). These
allegations “must be enough to raise a right to relief
above the speculative level.” Twombly, 550
U.S. at 555. The allegations that are entitled to the
assumption of truth are those that are factual, rather than
mere legal conclusions. Iqbal, 556 U.S. at 678-79.