Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Walters v. Baldwin

United States District Court, S.D. Illinois

August 16, 2019

TOM WALTERS, # M21369, Plaintiff,
v.
JOHN R. BALDWIN, KEVIN KINK, and MICHAEL D. CLARK, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL Chief U.S. District Judge

         Plaintiff Tom Walters, an inmate of the Illinois Department of Corrections (“IDOC”) who is currently incarcerated at Lawrence Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. He seeks monetary damages and injunctive relief.

         On July 26, 2019, prior to the Court conducting a merit review pursuant to 28 U.S.C. § 1915A, Plaintiff filed an Amended Complaint. (Doc. 13; see Fed. R. Civ. P. 15(a)(1)). The Court must now review the Amended Complaint pursuant to Section 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 the Amended Complaint, Plaintiff alleges that IDOC is retaliating against him because he is homosexual. (Doc. 13, p. 6). He has filed a grievance, but has not received a response, other than confirmation that the grievance has been received. He also claims that he has been harassed for months because he filed a lawsuit. As part of the harassment and retaliation for filing this lawsuit, he alleges mail tampering. Id. at pp. 6, 8. He claims that the harassment is being conducted by the prison's employees and the inmates.

         Discussion

         Based on the allegations in the Amended Complaint, the Court finds it convenient to divide the claims in this case into the following four Counts:

Count 1: Fourteenth Amendment equal protection claim for discrimination against Plaintiff based on his sexual orientation.
Count 2: First Amendment claim of retaliation against Plaintiff for filing a lawsuit by harassing him and tampering with his mail.
Count 3: First and Fourteenth Amendment impeding access to courts claim by tampering with Plaintiff's mail.
Count 4: Fourteenth Amendment procedural due process claim for the failure to respond to Plaintiff's grievance.
Count 5: Eighth Amendment claim of harassment.

         The 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 Amended Complaint but not addressed in this Order should be considered dismissed without prejudice as inadequately pled under the Twombly pleading standard.[1]

         For the following reasons, the Court finds that Plaintiff's Amended Complaint, as currently drafted, fails to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.