United States District Court, S.D. Illinois
JAMES E. WALKER, Plaintiff,
KEVIN KINK, NICK LAMB, A BLAKE, L. LIVINGSTON, JOHN DOE CORRECTIONAL OFFICER #1, JOHN DOE CORRECTIONAL OFFICER #2, JOHN DOE NURSE #1, JOHN DOE NURSE #2, JOHN DOE NURSE #3, GOWNS, INBODEN, BRASHEAR, MCQUEEN, and JOHN DOE CORRECTIONAL OFFICER #3, Defendants.
MEMORANDUM AND ORDER
M. Yandle United States District Judge.
James E. Walker, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Lawrence Correctional Center
(“Lawrence”), brings this action for alleged
deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. Plaintiff alleges Defendants deprived him
of property without due process of law.
case is now before the Court for preliminary review of the
Amended Complaintpursuant 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 seeks 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 Amended Complaint
(Doc. 8): While at Lawrence, Plaintiff receives $10 per month
from the State of Illinois in unassigned pay. (Doc. 8, p.
11). During lockdowns at Lawrence, that unassigned pay is
confiscated despite Plaintiff not being responsible for the
lockdown or receiving any hearing or due process before
losing the funds. Plaintiff's unassigned pay was
confiscated during a June 2017 lockdown. Nick Lamb, Gowns,
and Iboden denied Plaintiff's grievances related to the
has also had property taken from his cell without due
process. In December 2016, John Doe #1 conducted a search of
Plaintiff's legal storage box and removed legal documents
and case law purchased from the library at Menard
Correctional Center. (Doc. 8, p. 11). Plaintiff did not
receive a shakedown slip for the confiscation, and Lamb
denied his grievance related to the confiscation.
2018, Defendant McQueen conducted a “selective”
shakedown of Plaintiff's cell in retaliation for
Plaintiff filing a number of grievances. (Doc. 1, pp. 11-12).
McQueen confiscated a power adopter, 15-20 ink pens, and a
hair trimmer that had been purchased at Menard. (Id.
at p. 12). McQueen failed to record the adapter and ink pens
on the shakedown slip. Kevin Kink, L. Livingston, and
Brashear were aware of the confiscation but refused to take
was subject to another shakedown in July 2018 conducted by
John Doe #2. (Doc. 8, p. 12). When Plaintiff returned to his
cell after the shakedown, he noticed that his headphone cord
was broken off into his television. John Doe #2 failed to
document the damage on the shake down slip and failed to
reimburse Plaintiff for the damaged property. (Id.).
August 2018, Plaintiff's extension cord, which he
purchased at the commissary from John Doe #3, was deemed
defective and dangerous by Plaintiff. Plaintiff wrote a
grievance regarding the defective cord. L. Livingston and
Kevin Kink denied the grievance and neither Livingston, Kink,
nor John Doe #3 corrected the issue.
also alleges that his funds were improperly restricted by
several Jane Doe Nurses at Lawrence: On April 12, 2017,
Plaintiff's funds were restricted because Jane Doe #1
made him sign a voucher for a co-pay during his visit despite
the fact that his medical condition was chronic and he did
not have to pay a co-pay. (Id. at pp. 12-13). Jane
Doe #1 never reimbursed Plaintiff for the co-pay. In August
2018, Plaintiff's funds were again restricted as a result
of a healthcare visit with Jane Doe #2. His funds were
restricted in November 2018 when he signed a co-pay voucher
during a healthcare visit with Jane Doe #3. None of the Jane
Doe nurses reimbursed Plaintiff for the co-pays. Nick Lamb
also failed to provide Plaintiff with any relief.
(Id. at p. 13).
on the allegations in the Amended Complaint, the Court finds
it convenient to divide the pro se action into the
Count 1: Fourteenth Amendment claim against Lamb, Gowns, and
Iboden for the deprivation of Plaintiff's unassigned pay
without due process.
Count 2: Fourteenth Amendment claim against John Doe #1, John
Doe #2, John Doe #3, McQueen, Kink, Livingston, Lamb, and
Brashear for deprivation of Plaintiff's property without
Count 3: First Amendment claim against McQueen for
selectively shaking down Plaintiff's cell in May 2017 in