United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE.
Darrian Daniels, an inmate of the Illinois Department of
Corrections who is currently incarcerated at Menard
Correctional Center (“Menard”), brings this
action for deprivations of his constitutional rights pursuant
to 42 U.S.C. § 1983. He asserts Eighth Amendment claims
against Defendants and seeks monetary damages. (Doc. 4).
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). At this juncture, the
factual allegations of the pro se complaint are to
be liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
Complaint, Plaintiff makes the following allegations:
Plaintiff was assaulted on November 30, 2018. (Doc. 4, p. 3).
Before and after he was assaulted, he was threatened and
called racist names by prison guards Dumsdorff and Mills.
(Id.). Additionally, he was refused yard, showers,
legal calls, and food trays. (Id.).
date of the assault, Dumsdorff came to Plaintiff's cell
and told him to cuff up to be taken on call pass for clothing
for a court writ. (Doc. 4, p. 3). After Plaintiff cuffed up,
Dumsdorff stated that he and Mills were going to “play
like your door is broken so we can burn you on your call
pass.” (Doc. 4, p. 4). Dumsdorff made a racist comment
and referenced a lawsuit filed by Plaintiff. (Id.).
Dumsdorff and Mills then pretended the cell door would not
open. (Id.). Dumsdorff told Plaintiff to uncuff,
uncuffed his right wrist, and then yanked his still
handcuffed left hand through the chuck hole. (Id.).
Dumsdorff twisted and pulled his hand trying to break it
while calling him racist names. (Id.). Mills also
made racist comments and told Dumsdorff to break
Plaintiff's wrist. (Id.)
cell house Lieutenant came to Plaintiff's cell, and
Plaintiff informed him of the assault and racist name calling
by Dumsdorff and Mills. (Doc. 4, p. 5). The Lieutenant told
him Dumsdorff and Mills would not handle his call pass.
(Id.). An unknown guard took him on call pass.
(Id.). After call pass, Plaintiff was again
assaulted while handcuffed by unknown guards. (Id.).
He was then placed in a cell with no working water or toilet
until the day of his court writ. (Id.). He was also
denied medical attention for his injured left wrist.
on the allegations in the Complaint, the Court designates the
Count 1: Eighth Amendment excessive force claim
against Defendants Dumsdorff and Mills for assaulting
Plaintiff on November 30, 2018.
Count 2: Eighth Amendment claim against Defendants
Dumsdorff and Mills for threatening Plaintiff and making
racist comments before and after November 30, 2018.
Count 3: Eighth Amendment claim for the second
assault on November 30, 2018.
Count 4: Eighth Amendment conditions of confinement
claim for being denied yard, showers, legal calls, and food
trays before the assaults on November 30, 2018.
Count 5: Eighth Amendment conditions of confinement
for being placed in a cell with no working water or toilet
after the assaults on November 30, 2018.
Count 6: Eighth Amendment deliberate indifference
claim based on denial of medical care for Plaintiff's
injured left wrist after the assaults ...