United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, UNITED STATES DISTRICT JUDGE
Mansour Mohammad, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Western Illinois Correctional Center, brings this civil
rights action pursuant to 42 U.S.C. § 1983 for alleged
deprivations of his constitutional rights that occurred while
he was in custody at Menard Correctional Center
(“Menard”). Plaintiff alleges that due to
overcrowding at Menard, he was subjected to unconstitutional
living conditions, denied medical care, and denied the
ability to practice his religion. He requests money damages.
Complaint is now before the Court for preliminary review
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). At this juncture, the
factual allegations of the pro se complaint are to
be liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009). The Court will
also determine whether misjoinder is an issue and retains
authority to sever unrelated claims against different
defendants into one or more additional lawsuits. See
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2001).
makes the following allegations in the Complaint (Doc. 1):
Due to overcrowding at Menard, Plaintiff has been subjected
to inhumane living conditions and deprived of basic human
needs. Id. at p. 8. Because of various reports and
lawsuits pertaining to the conditions at Menard, IDOC knows
that overcrowding threatens the safety of inmates and has
caused understaffing in the health care unit, deterioration
to the facility, inmates to be provided inadequate clothing
for winter temperatures, and the lack of adequate cleaning
supplies, bedding, and programming. Id. at pp. 24,
to Treat Medical Condition
has difficulty breathing and developed asthma because of mold
in the cells and showers, asbestos and asbestos removals,
lack of ventilation, and exposure to toxic substances in the
air at Menard. Id. at p. 8. His health problems have
also increased because he is experiencing harmful side
effects from the frequent use of his inhaler, which contains
Xopenex HFA. These side effects include chest pain,
dizziness, fast heart rate, and shortness of breath.
Id. at pp. 11-12. Several other inmates in his cell
house also have trouble breathing and have had to receive
emergency medical assistance because of breathing
complications. Id. at p. 9.
24, 2017, Plaintiff began coughing up a thick dark colored
mucous and having trouble breathing, chest pain, and throat
irritation. He submitted two sick calls, and on May 26, 2017,
was called to see a screening nurse who immediately sent him
to a doctor at Menard. Id. at p. 8. Plaintiff was
diagnosed with a respiratory infection and had to be injected
with antibiotics and steroids because his lungs were
collapsing. He was prescribed breathing medications and
scheduled for a follow-up visit in three days. Id.
at pp. 8-9.
symptoms did not improve with the medication and he continued
having trouble breathing. Id. at p. 10. On the day
of Plaintiff's scheduled follow-up appointment, he was
not called by the doctor, and his sick-call pass that
indicated “must honor” was disregarded.
different occasions, Plaintiff notified Defendants Lieutenant
Morris and Officer Wilson that he was still having trouble
breathing. He was told by both officers that they would
notify someone, but Plaintiff did not receive medical
attention. Id. at p. 10. Plaintiff also submitted an
emergency grievance to Defendant Warden Lashbrook, informing
her that he and several other inmates were having trouble
breathing. Id. at p. 9. The grievance was returned
as a non-emergency with instructions to resubmit the
grievance through the normal process. Id.
8, 2017, Plaintiff submitted a sick call but did not receive
an appointment until June 15, 2017. Plaintiff was seen by a
nurse who told him that his difficulties breathing were due
to allergies and prescribed ibuprofen and chlorphenamine for
nasal congestion. Id. at p. 11, 21. Plaintiff told
the nurse that he did not have nasal congestion, but nothing
was done about his breathing complications.
was seen on July 5, 2017 by a doctor. He told the doctor he
was still having trouble breathing, but the doctor said there
was nothing else that they could do for him. He was not given
anything for the infection. Id. at pp. 11, 21, 22.
2018, Plaintiff got an infection in his hand from cleaning
the inside of his toilet without protective gloves or a
toilet brush. Id. at p. 17, 22. His fingers became
swollen, filled with green fluid, throbbed, and leaked puss.
Id. Plaintiff submitted two sick-calls; one on May
17, 2018 and the other May 21, 2018. but did not see a nurse
until May 23, 2018. The nurse gave Plaintiff nothing for the
infection, swelling, or pain. Id. The nurse dropped
off band-aids the next day, but the infection did not
improve. Id. at p. 23.
submitted another sick-call slip on June 8, 2018 and saw a
nurse three days later. The nurse told him the infection
would heal on its own, and even though he was not given any
medication or treatment, he was still charged a $5 co-pay.
cell houses are excessively hot in the summer and extremely
cold in the winter. Id. at p. 13. The heat causes
Plaintiff to continually sweat and feel sluggish, fatigued,
and dizzy. It also aggravates Plaintiff's asthma and he
is forced to use his inhaler more than normal, subjecting him
to the risk of permeant injury or death due to the side
effects caused by Xopenex HFA. Plaintiff only receives a cup
of ice in the morning and one cup in the evening and has a
portable fan that he “has to hug all day.”
at Menard are typically in their cells for twenty-three hours
a day, except for two days a week when they are allowed to go
to the yard or gym. In 2017, Menard was on lockdown for most
of the summer and Plaintiff was forced to sit in an extremely
hot cell for twenty-four hours a day. Id. at p. 14.
Because of the heat, Plaintiff showers more and goes through
bars of soap faster. However, he is only allowed to buy six
bars of soap a month, making it difficult for him to keep up
with his hygiene. Plaintiff often skips meals because the
chow hall has only one working fan making the room extremely
hot. Id. Plaintiff submitted emergency grievances
regarding these conditions to Warden Lashbrook on several
occasions, but never received a response. Id. at p.
cell house is extremely cold in the winter. In January 2019,
Plaintiff spoke to Defendants Officer Repell and Lieutenant
Coleman and other officers complaining about the cold, but
the temperature did not increase. Id. at pp. 15, 16.
When he asked Lieutenant Coleman for a blanket, he was told
no. Id. at p. 16. It was so cold in the cell house
that Officer Repell and other officers wore coats and winter
hats or some type of extra layers. Officers also kept turning
on the fans, making it even colder. Plaintiff wrote a
grievance and Defendant Counselor Bradley responded that the
temperature is daily monitored, but did not act to help
Plaintiff or other inmates combat the cold. Due to the cold,
Plaintiff became sick and suffered from cold sweats,
coughing, running nose, and body aches. Id. at p.
has not been provided adequate cleaning supplies since
arriving at Menard in 2016. Id. at p. 17. He is only
given cups of diluted bleach once a week. He does not receive
cleaning supplies such as towels, mop, broom, toilet brush
cleaner, or protective cleaning gloves. Because Plaintiff has
not been given proper supplies, he contracted an infection in
his hand from cleaning the toilet without gloves.
Additionally, mildew and mold around the toilet, sweat from
the windows, dust, food crumbs, dirt, shed hair, and skin
particles collect and make for filthy living conditions,
contributing to Plaintiff's poor health. Id.
Plaintiff wrote an emergency grievance to Warden Lashbrook
regarding the lack of adequate cleaning supplies, but the
grievance was deemed a non-emergency and he did not receive
any cleaning supplies. Id. at p. 18.
serves “massive amounts” of soy in the meals and
has repeatedly served expired food, which has caused
Plaintiff to become ill. In June, July, and September 2018,
Menard served expired yogurt on multiple occasions.
Id. at p. 19. This caused Plaintiff to vomit and
have irregular bowels for which he was prescribed medication.
Menard also often serves spoiled milk. Plaintiff filed a
grievance and dietary responded, but continues to serve
unsafe food. Id.
arriving at Menard in 2016, Plaintiff did not receive boots
to combat the cold, snowy, wet, winter weather conditions.
Id. at p. 19. He has an ankle that swells and aches
from a previous injury if his feet get wet. The pain from his
ankle also causes the lower part of his legs to ache.
Id. at p. 20. When Plaintiff requested boots, he was
told that boots are only for workers. He has repeatedly
submitted requests for boots, but was never provided a pair.
During recreational time in the yard, the snow and rain
soaked through Plaintiff's shoes and has caused him to
March 2018, Plaintiff showed Lieutenant Morris that the sole
of his shoe was coming off. Morris told Plaintiff that he
would take him to the clothing house for boots. Plaintiff
again submitted a slip for boots which was placed in