United States District Court, S.D. Illinois
KING MICHAEL OLIVER, also known as MICHAEL OLIVER, #B89925, Plaintiff,
LT. RENSING, SGT. RITCHEY, and AARON J. CONEY, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE.
Michael Oliver, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Shawnee Correctional Center, brings this civil rights action
pursuant to 42 U.S.C. § 1983 for constitutional
deprivations at Vandalia Correctional Center
(“Vandalia”). (Doc. 1, pp. 1-6). Oliver claims
that Defendants retaliated against him for filing a grievance
by forcefully removing him from his cell in handcuffs,
attempting to take his legal mail, and placing him in
segregation. (Id. at pp. 1-2). They also denied
medical treatment for his resulting injuries. Oliver seeks
money damages and emergency relief. (Id. at pp. 2-3).
Complaint is subject to screening under 28 U.S.C. §
1915A, which requires the Court to filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of a complaint
that is legally frivolous or malicious, fails to state a
claim upon which relief may be granted, or seeks money
damages from an immune defendant must be dismissed. 28 U.S.C.
15, 2019, Oliver filed a grievance against Lieutenant Rensing
after he threw Oliver’s Bible on the floor. (Doc. 1,
pp. 1-3). The following day, Rensing retaliated against
Oliver by forcefully removing him from his cell.
(Id. at pp. 1-2). The officer cuffed Oliver’s
wrists tightly, slammed him into a wall, and applied pressure
to his neck and back. (Id. at p. 2). Meanwhile,
Sergeant Ritchey and Officer Coney entered Oliver’s
cell and attempted to take his legal mail, but Officer Samson
stopped them. (Id.). Defendants provided no
medical treatment for Oliver’s bruised wrists, sore
neck, or back injury, instead allowing him “wallow in
[his] pain and suffering.” (Id.). The incident
“landed” Oliver in segregation on July 22, 2019.
(Id. at p. 1). Rather than filing a grievance to
address these issues, Oliver prepared the underlying
Complaint on July 16, 2019. (Id. at p. 4).
on the allegations, the Court finds it convenient to divide
the pro se Complaint into the following Counts:
Count 1: First Amendment retaliation claim
against Rensing for responding to Oliver’s grievance
filed July 15, 2019, by tightly cuffing Oliver’s wrists
and forcing him from his cell on July 16, 2019.
Count 2: Eighth Amendment claim against
Rensing for using excessive force against Oliver while
removing him from his cell on July 16, 2019.
Count 3: First and/or Fourteenth Amendment
claim against Ritchey and Coney for attempting to take
Oliver’s legal mail on July 16, 2019.
Count 4: Eighth Amendment deliberate
indifference to medical needs claim against Rensing, Ritchey,
and Coney for allowing Oliver to “wallow in [his] pain
and suffering” following the incident on July 16, 2019.
claim that is mentioned in the Complaint but not addressed
herein is considered dismissed without
prejudice as inadequately pled under
filed his Complaint prematurely. He prepared it on July 16,
2019-before the events giving rise to Counts 3 and 4
came to pass and on the same date the events giving
rise to Counts 1 and 2 occurred. (Doc. 1). He admittedly made
no effort to address these claims at Vandalia by filing