United States District Court, S.D. Illinois
MEMORANDUM & ORDER
Phil Gilbert United States District Judge.
William Edward Jones, an inmate of the Illinois Department of
Corrections, who is currently incarcerated at Taylorville
Correctional Center, filed an Amended Complaint pursuant to
42 U.S.C. § 1983 for deprivation of his constitutional
rights, which occurred while he was a detainee at Jefferson
County Justice Center (“Jail”) located in Mt.
Vernon, Illinois. Plaintiff claims that he was placed in
disciplinary segregation in retaliation of filing a lawsuit
against Jefferson County Justice Center and that while in
segregation he was subjected to unconstitutional conditions
of confinement. He seeks monetary damages.
Amended 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 Amended
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 in the Amended Complaint:
While at the Jefferson County Justice Center, officers found
a small piece of a coffee square on Plaintiff's bunk and
a wire on his bunkmate's bunk. (Doc. 15, p. 6). Plaintiff
was charged with starting a fire and possession of contraband
and sentenced to 45 days in segregation, while his bunkmate
was only charged with possession of contraband and sentenced
to 10 days in segregation. Id. When Plaintiff
complained that he was being harassed because of a lawsuit
that he had previously filed against Jefferson County Justice
Center, Lieutenant Hanes laughed at him. Id.
in segregation, Plaintiff was placed in a cell that had an
inoperative fire sprinkler. The head of the sprinkler had
been removed and the water line had been caped off.
Id. Plaintiff complained about the issued to
Lieutenant Hanes, but was told he would be okay. He then
wrote a grievance regarding the issue and was told that the
sprinkler part had been order. Id. Plaintiff claims
that Lieutenant Hanes put his life in danger by knowingly
placing him in a cell where the fire sprinkler had been
names Jake Robinson, John Doe, and David Jones as defendants,
but makes no allegations against them in the body of the
Amended Complaint. Plaintiffs are required to associate
specific defendants with specific claims, so that defendants
are put on notice of the claims brought against them and can
properly answer the complaint. See Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007); Fed.R.Civ.P. 8(a)(2).
Where a plaintiff has not included a defendant in his
statement of the claim, the defendant cannot be said to be
adequately put on notice of which claims in the complaint, if
any, are directed against him or her. Furthermore, merely
invoking the name of a potential defendant is not sufficient
to state a claim against that individual. See Collins v.
Kibort, 143 F.3d 331, 334 (7th Cir. 1998). Accordingly,
these Defendants are dismissed from the Amended Complaint
on the allegations summarized above, the Court finds it
convenient to designate the following two counts in the
pro se action:
Count 1: Defendant Hanes subjected Plaintiff
to unconstitutional conditions of confinement by placing him
in a cell that did not have a working fire sprinkler.
Count 2: Defendants violated Plaintiff's
constitutional rights by charging him with contraband and
placing him in segregation in retaliation for filing a law
suit against Jefferson County Justice Center.
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