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.

Walton v. Ray

United States District Court, S.D. Illinois

November 4, 2019

ROMARIS WALTON, #B69607 Plaintiff,
v.
LT. CHAD RAY, LT. WILLIAMS, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, and WARDEN OF LAWRENCE CORRECTIONAL CENTER, Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE United States District Judge

         Plaintiff Romaris Walton, an inmate of the Illinois Department of Corrections currently incarcerated at Lawrence Correctional Center (“Lawrence”), brings this action pursuant to 42 U.S.C. § 1983 for alleged deprivations of his constitutional rights. Plaintiff asserts claims for excessive force and denial of medical treatment. (Doc. 1). He seeks monetary damages and injunctive relief. (Id.).

         This case is now before the Court for preliminary review of the 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. § 1915A(b).[1]

         The Complaint

         Plaintiff makes the following allegations in the Complaint: On September 20, 2017, Plaintiff was denied a crisis team after a suicide threat. (Doc. 1, p. 7). On the same day, Lt. Chad Ray yanked repeatedly on Plaintiff while he was in handcuffs, the force of which caused Plaintiff to fall. (Id.). Plaintiff's body slammed against the floor injuring his back and buttocks. (Id.). Additionally, Plaintiff had swollen wrists and a burning pain in his shoulders. (Id.). Plaintiff screamed for medical attention. (Id.). Lt. Ray and Lt. Williams refused Plaintiff medical attention for his injuries. (Id.). As Plaintiff suffered from the injuries, Lt. Ray and four officers (John Does 1-4) picked him up, dragged him up some stairs, and tossed him in an isolation cage. (Id.). He was then forced to endure a six-hour bus ride while suffering from untreated injuries. (Id.).

         Based on the allegations of the Complaint, the Court finds it convenient to designate the following Counts:

Count 1: Eighth Amendment excessive force claim against Ray for yanking repeatedly on Plaintiff while he was handcuffed causing him to fall and suffer injuries on September 20, 2017.
Count 2: Eighth Amendment deliberate indifference claim against Ray and Williams for denying Plaintiff medical treatment for the injuries caused by Ray on September 20, 2017.
Count 3: Eighth Amendment deliberate indifference claim because Plaintiff was denied a crisis team after a suicide threat.
Count 4: Eighth Amendment excessive force claim against Ray and John Does 1-4 for dragging Plaintiff up some stairs and tossing him inside of an isolation cage with untreated injuries.

         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. The designations do not constitute an opinion regarding their merit. 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 standard.[2]

         Discussion

         Counts 1 and 4

         The Eighth Amendment protects prisoners from being subjected to cruel and unusual punishment. Brown v. Budz, 398 F.3d 904, 909 (7th Cir. 2005). “Correctional officers violate the Eighth Amendment when they use force not in a good faith effort to maintain or restore discipline, but maliciously and sadistically for the very purpose of causing harm.” Wilborn v. Ealey, 881 F.3d 998, 1006 (7th Cir. 2018) (internal citations and quotation marks omitted). The Complaint sets forth sufficient allegations to proceed on the ...


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.