United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
Montez Rashaad Williams brings this action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights that occurred when he was an inmate of
the Illinois Department of Corrections incarcerated at
Robinson Correctional Center (“Robinson”). He
asserts claims related to a dispute over prison issued boots
and disciplinary proceedings. He seeks monetary
case is before the Court for preliminary review of the
Amended Complaint under 28 U.S.C. § 1915A, which
requires the Court to screen prisoner Complaints to filter
out nonmeritorious 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. §
makes the following allegations in the Amended Complaint:
When Plaintiff arrived at Robinson in 2016, he was issued
items of clothing including state blues, underwear, socks,
and boots. He was given documents to sign to acknowledge
receipt of the items, but was not given notice that he would
have to pay for the items. Plaintiff was assigned to a bunk
bed with a small foot locker where he kept the boots. One
day, he noticed the boots were missing and told a C/O the
boots had been stolen.
February 6, 2018, Plaintiff was called to clothing to be
processed for transfer to East Moline Correctional Center. He
turned in the items of clothing in his possession. Clothing
Room Supervisor Angela Catt asked for the boots and he told
her they were stolen. Catt asked him why he had not reported
them stolen and he replied that he had reported it to a C/O.
Catt advised him he had to pay for the missing boots. He
asked her for the law that states he has to pay for property
that was stolen. In response, Catt yelled at him using
profane language and ordered him to sit down. Other staff
members arrived, and he was told he should not have asked
Catt for the law and that he had been disrespectful. He later
received a disciplinary ticket for disobeying a direct order.
believes there were numerous due process and administrative
code violations during the disciplinary hearing on the
ticket: a counseling staff member should have been present;
there should have been two people on the committee; Plaintiff
had a right to call witnesses; and there should have been one
minority on the committee. Program Committee Officer Richard
Nidey told Plaintiff he would not investigate or call any
February 7, 2018, Plaintiff told Warden David Rains about
Catt's misconduct. Rains was dismissive and indifferent.
Plaintiff went to the Internal Affairs Office to talk to them
about a different matter and brought up Catt's
misconduct. He was told not to question staff like he had
done with Catt.
transfer to East Moline, Plaintiff filed a grievance directly
with the Administrative Review Board. ARB member Patty Thull
sent him a response denying the grievance and Director
Baldwin concurred. At some point, $11.60 was taken from his
trust account to pay for the boots.
on the allegations in the Amended Complaint, the Court finds
it convenient to designate the following Counts:
Count 1: Fourteenth Amendment claim against all
Defendants for due process and
administrative code violations in connection with the
Count 2: Fourteenth Amendment property loss claim for
the $11.60 that was taken from
Plaintiff's trust fund account to pay for boots.
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of the Court. The designations do not
constitute an opinion regarding their merit.