United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. DISTRICT JUDGE
Donald Hulet, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Pinckneyville Correctional Center, brings this action
pursuant to 42 U.S.C. § 1983 for alleged deprivations of
his constitutional rights that occurred while he was
incarcerated at Shawnee Correctional Center
(“Shawnee”). Plaintiff claims that inmates with
mental health problems incarcerated at Shawnee are subjected
to cruel and unusual conditions of confinement and are denied
adequate mental health treatment. He is seeking monetary
Complaint is now before the Court for preliminary review
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). The factual allegations
of a pro se Complaint are liberally construed at
this phase of litigation. See Rodriguez v. Plymouth
Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations in the Complaint: Plaintiff
was placed on crisis watch in March 2019 at Shawnee. At some
point, he was harassed by staff because of his mental health.
Shawnee has a policy of celling inmates on crisis watch for
mental health reasons in cruel and unusual conditions. (Doc.
1, p. 4). Inmates are placed in cells that are constantly
lit, covered in human waste, and have soiled old mattresses
and broken windows so that a cell's temperature becomes
unbearably hot and cold. Inmates on crisis watch are also
deprived of their property and left without shoes to wear or
at Shawnee also receive inadequate mental health treatment
and must wait weeks to be seen by a mental health provider.
When an inmate does receive an appointment, the meeting lasts
under five minutes. Id. at p. 5. Inmates that have
been designated as having a serious mental illness are
without reason no longer being designated as such. This
sudden change in designation results in inmates not receiving
the appropriate level of treatment.
on the allegations in the Complaint, the Court finds it
convenient to designate the following Counts:
Count 1: Eighth Amendment claim of
unconstitutional conditions of confinement of inmates on
crisis watch for mental health reasons.
Count 2: Eighth Amendment claim of
deliberate indifference to a serious medical need by
providing inadequate mental health treatment to inmates.
Count 3: American with Disabilities Act
(“ADA”) claim for failing to accommodate inmates
with mental health needs by not providing regular
appointments with mental healthcare professionals.
Count 4: Eighth Amendment claim against
staff for harassing Plaintiff because of his mental health.
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 claim that is
mentioned in the Complaint but not addressed in this Order is
considered dismissed without prejudice as inadequately pled
under the Twombly pleading
Complaint does not survive preliminary review under 28 U.S.C.
§ 1915A and shall be dismissed. Section 1983 creates a
cause of action based on personal liability and predicated
upon fault; thus, “to be liable under [Section] 1983,
an individual defendant must have caused or participated in a
constitutional deprivation.” Pepper v. Village of
Oak Park, 430 F.3d 809, 810 (7th Cir. 2005). To state a
claim against a defendant, Plaintiff must describe what each
named defendant did or failed to do that violated
Plaintiff's constitutional rights. Plaintiffs are also
required to associate specific defendants with specific
claims so that defendants are put on notice of the claims
brought against them and they can properly answer the
Complaint. See Twombly, 550 at 555; Fed.R.Civ.P.
8(a)(2). In the case of a ...