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Daniels v. Dumsdorff

United States District Court, S.D. Illinois

July 26, 2019

DARRIAN DANIELS, #K91046, Plaintiff,
v.
DUMSDORFF, and MILLS, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE.

         Plaintiff 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).

         This case is now before the Court for preliminary review of the Complaint[1] 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).

         The Complaint

         In his 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.).

         On the 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.)

         The 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. (Id.)

         Based on the allegations in the Complaint, the Court designates the following counts:

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 ...

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