United States District Court, S.D. Illinois
MEMORANDUM & ORDER
M. YANDLE United States District Judge.
Lendell Williams, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Pinckneyville Correctional Center
(“Pinckneyville”), brings this action pursuant to
42 U.S.C. § 1983. Plaintiff alleges that corrections
officers failed to protect him from being viciously attacked
by his cellmate, resulting in serious head injuries. He also
claims Pinckneyville officials deprived his liberty and
property without due process and prescribed medicine that is
banned by the Food and Drug Administration. He seeks monetary
damages. (Doc. 1, p. 7).
Complaint is now before the Court for preliminary review
under 28 U.S.C. § 1915A, which requires the Court to
screen prisoner Complaints and filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of the
Complaint that is legally frivolous or malicious, fails to
state a claim for relief, or requests money damages from an
immune defendant must be dismissed. 28 U.S.C. §
1915A(b). At this juncture, the factual allegations are
liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations: Plaintiff, who was not
convicted of a crime involving violence, was celled with an
inmate who is known for violent behavior. (Doc. 1, p. 5).
Corrections officers at Pinckneyville routinely do not walk
the cell house like they are supposed to and spend a majority
of their time during the day talking with each other.
(Id. at p. 6). Because they do not periodically
check on the inmates, on October 20, 2018, after attempting
to get the guard's attention, Plaintiff was attacked by
his cellmate with a hotpot. (Id. at pp. 5, 6). He
incurred extensive injuries that required ten staples in his
head and multiple stiches on his face and lip. (Id.
at p. 5). Following the incident, he was placed in solitary
confinement for twenty days without a disciplinary ticket,
incident report, or explanation. (Id.). While in
segregation he lost all of his family pictures.
is suffering from bipolar and depression and has been issued
Remeron, a drug that is banned by the Food and Drug
Administration and that has caused negative side effects,
including internal bleeding. (Id. at p. 6).
on the allegations in the Complaint, the Court finds it
convenient to designate the following Counts in this pro
Count 1: Eighth Amendment claim against
Defendants for failing to protect Plaintiff from being
attacked by his cellmate resulting in extensive head
Count 2: Fourteenth Amendment claim against
Defendants for placing Plaintiff in segregation for twenty
days without the due process of law.
Count 3: Fourteenth Amendment claim against
Defendants for the deprivation of Plaintiff's property,
his personal photos, while in segregation without the due
process of law.
Count 4: Eighth Amendment claim against
Defendants for deliberate indifference to a serious medical
need by treating Plaintiff's illness with a drug that has
been banned by the Food and Drug Administration.
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 is considered dismissed without
prejudice as inadequately pled under
Complaint does not survive preliminary review under 28 U.S.C.
§ 1915A(b) because Plaintiff does not mention any of the
defendants listed in the case caption in the statement of his
claim. Therefore, the Court is ...