United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT, UNITED STATES DISTRICT JUDGE
Donald Gilbert, who is currently being held at the Massac
County Jail, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983. The
Court dismissed Plaintiff's complaint on September 26,
2019, for failure to state claim. (Doc. 15). Plaintiff has
now filed a First Amended Complaint, (Doc. 18), and two
Motions for Status, (Docs. 19 and 20). In the second Motion
for Status, Plaintiff also requests to be transferred to
another jail. (Doc. 20). The First Amended Complaint and
Plaintiff's Motions are now before the Court.
Court must first conduct a preliminary review of the First
Amended Complaint 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 First 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.
makes the following allegations: Upon arrest for failure to
appear in court, Officer Patrick McCoy, with the Massac
County Sheriff's Office, twisted Plaintiff's left arm
behind his back so hard that his arm was torn out of socket.
(Doc. 18, p. 8). He was then placed in a four man cell that
was already full and given a thin mat for sleeping, despite
the fact he was in continuous pain. The next morning,
Plaintiff showed McCoy his arm and asked to see a doctor, but
McCoy said no. (Id.). He also asked to see other
jail staff, but was told they were not there. (Id.
at p. 10). He then asked for a grievance form, but McCoy
never brought him one. A few days later, McCoy returned to
the cell and told Plaintiff to pack up because he was
“bonding out and sent to Jackson County.” At
Jackson County Jail, the booking officer had a nurse examine
Plaintiff's injured arm. The nurse told Plaintiff that
his arm was out of socket. Jackson County Jail would not take
Plaintiff until he was cleared by a doctor and told McCoy
that Plaintiff needed to be taken to an emergency room.
(Id.). McCoy refused, saying that Massac County
Sheriff Department would not pay for that and that Plaintiff
was no longer his problem. (Id. at p. 9). McCoy then
left. Jackson County Jail told Plaintiff he was free to go
because the warrant was quashed. Plaintiff was then forced to
walk over 60 miles to Metropolis, Il. (Id.).
on the allegations of the First Amended Complaint, the Court
finds it convenient to divide the pro se action into
the following three Counts. The parties and the Court will
use these designations in all future pleadings and orders,
unless otherwise directed by this Court:
Count 1: Excessive force claim against McCoy
for injuring Plaintiff's arm during his arrest.
Count 2: Failure to treat and inadequate
medical care claim against McCoy for refusing to obtain
medical treatment and take Plaintiff to the hospital for his
Count 3: Claim against McCoy for leaving
Plaintiff at the Jackson County Jail and thereby forcing him
to walk back to Massac County.
claims that are not identified above should be considered
dismissed without prejudice as inadequately
pled under Twombly.
1 and 2
Plaintiff claims he was released on bond from Massac County
Jail, it appears that he was a pretrial detainee, rather than
a convicted prisoner, at the time of the alleged
constitutional violations. Therefore, the objective
unreasonableness standard govern Plaintiff's claims
regarding excessive force and inadequate medical care.
See Kingsley v. Hendrickson, 135 S.Ct. 2466, 2473
(2015); Williams v. Ortiz, 937 F.3d 936, 942 (7th
Cir. 2019)(quoting Miranda v. Cty. Lake, 900 F.3d
335, 351 (7th Cir. 2018)).
claims that McCoy used excessive force, injuring his arm, and
then refused to obtain treatment for Plaintiff's injury.
These allegations are ...