United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle United States District Judge
Terrance Daugherty, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at East Moline Correctional Center (“East
Moline”), brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff alleges that a correctional officer at Lawrence
Correctional Center (“Lawrence”) sexually
assaulted him. He asserts claims against the defendants under
the Eighth and First Amendments. Plaintiff seeks declaratory
judgment, monetary damages, and injunctive relief.
case is now before the Court for preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under Section
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 asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
makes the following allegations in his Complaint (Doc. 1):
Upon Plaintiff's arrival at Lawrence Correctional Center
on September 13, 2017, John Doe #1 took Plaintiff to the
healthcare unit bathroom and sexually assaulted him. (Doc. 1,
pp. 9-10). He made Plaintiff disrobe and he fondled
Plaintiff's genitals. (Id.). John Doe #1 told
Plaintiff he was angry that Plaintiff had a sexual affair
with a teacher at Big Muddy Correctional Center and that he
was assaulting him in retaliation for a complaint he filed
against officers at that prison. (Id. at pp. 10,
Doe #2 walked in on John Doe #1 and Plaintiff during the
assault. John Doe #2 told Plaintiff “don't you even
think about it!” (Doc. 1, p. 12). John Doe #4 aided and
assisted John Doe #1 in covering up the incident by
threatening Plaintiff and a nurse that witnessed the assault.
(Doc. 1, p. 12-13). John Doe #5 and John Doe #1's
supervisor should have foreseen John Doe #1's actions but
failed to do so and failed to discipline John Doe #1 prior to
the September 13, 2017 event. (Id. at p. 14). John
Doe #5 also threatened Plaintiff in the healthcare unit.
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into
the following Counts:
Count 1:John Doe #1 subjected Plaintiff to cruel and
unusual punishment under the Eighth Amendment when he
sexually assaulted Plaintiff on September 13, 2017.
Count 2:John Doe #1 committed a battery under
Illinois state law on September 13, 2017 when he sexually
Count 3:John Doe #1 retaliated against Plaintiff in
violation of the First Amendment when he sexually assaulted
Plaintiff in retaliation for Plaintiff filing a lawsuit
against correctional officers at Big Muddy Correctional
Count 4:John Doe #2, John Doe #4, and John Doe #5
were deliberately indifferent under the Eighth Amendment when
they covered up the sexual assault on Plaintiff.
Count 5:John Doe #5 was deliberately indifferent
under the Eighth Amendment when he failed to
foresee the assault and discipline John Doe #1 prior to the
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. Any other claim that
is mentioned in the Complaint but not addressed in this Order
should be considered dismissed ...