United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, UNITED STATES DISTRICT JUDGE
Leroy Jenkins, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Lawrence Correctional Center
(“Lawrence”), brings this action pursuant to 42
U.S.C. § 1983 for deprivations of his constitutional
rights while he was incarcerated at Menard Correctional
Center (“Menard”). In the Complaint, Plaintiff
alleges Defendants kept him in a cell that was too small to
house two inmates, lacked heat and hot water, and had a leaky
toilet. He asserts claims against the defendants under the
Eighth Amendment. Plaintiff seeks monetary damages.
case is now before the Court for preliminary review of the
Complaint 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).
Complaint, Plaintiff makes the following allegations: While
at Menard, Plaintiff was housed in a cell in North 2. The
cell had constant running water, which was cold not hot, and
a leaking toilet. (Doc. 1, p. 8). When Plaintiff would flush
the toilet, it would leak and squirt water on him.
(Id. at pp. 8, 11). From October 30, 2018 until
March 22, 2019, there was no heat in the cell and Plaintiff
was forced to put on three shirts, two pairs of pants, a wool
cap, and three pairs of socks to keep warm. (Id. at
p. 8). He informed Jacqueline Lashbrook about the conditions
of his cell, and she told him that the building was old.
(Id.). Propane tanks were later brought in for three
to four days and placed outside of the cells to heat the
area. (Id.). The tanks put out dangerous fumes,
which Plaintiff inhaled and caused his breathing to be
cell was also small and housed two inmates. (Doc. 1, p. 8).
He informed both Lashbrook and Frank Lawrence about the size
of his cell as two people could not stand on the floor at the
same time. The cell was fifty square feet and had only five
steps from the cell door to the toilet. (Id. at pp.
9, 11). Plaintiff had heart surgery in 2017 and was directed
to participate in walking exercises, but the cell was too
small for Plaintiff to adequately exercise. (Id.).
Although Frank Lawrence informed Plaintiff that the North 2
cellhouse would soon be single man cells, during the time
that Plaintiff was housed in the cell, it was a double man
cell. (Id. at p. 9). At the time he filed his
Complaint, he had been in the cell for approximately nine
months. (Id. at p. 11).
on the allegations in the Complaint, the Court finds it
convenient to designate a single count in this pro
Count 1: Jacqueline Lashbrook and Frank Lawrence were
deliberately indifferent under the Eighth Amendment to
Plaintiff's conditions of confinement in his North 2
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
should be considered dismissed without prejudice as
inadequately pled under the Twombly pleading
Court finds that Plaintiff states a claim for deliberate
indifference to his conditions of confinement for the small
cell size, lack of heat and hot water, and a leaky toilet.
Townsend v. Fuchs, 522 F.3d 765, 773 (7th Cir.
2008); Turley v. Rednour, 729 F.3d 645, 652-53 (7th
Cir. 2013). Thus, Count 1 will proceed against Jacqueline
Lashbrook and Frank Lawrence.
reasons set forth above, Count 1 shall proceed against
Jacqueline Lashbrook and Frank Lawrence.
Clerk of Court shall prepare for Defendants Jacqueline
Lashbrook and Frank Lawrence: (1) Form 5 (Notice of a Lawsuit
and Request to Waive Service of a Summons), and (2) Form 6
(Waiver of Service of Summons). The Clerk is
DIRECTED to mail these forms, a copy of the
Complaint, and this Memorandum and Order to the
defendants' place of employment as identified by
Plaintiff. If a defendant fails to sign and return the Waiver
of Service of Summons (Form 6) to the Clerk within 30 days
from the date the forms were sent, the Clerk shall take
appropriate steps to effect formal service on that ...