United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. Rosenstengel Chief U.S. District Judge.
Corsetti Brand, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Shawnee Correctional Center, brings this
action pursuant to 42 U.S.C. § 1983 for deprivations of
his constitutional rights while he was incarcerated at
Centralia Correctional Center. In the Complaint, Plaintiff
alleges Lieutenant Robinson used excessive force against him.
He asserts claims against the defendant under the First and
Eighth Amendments. 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: On May
22, 2019, Plaintiff was escorted to internal affairs and met
with Lieutenant Robinson and a number of John Doe
Correctional Officers (Doc. 1, p. 7). They questioned him
about a statement he made on May 21, 2019, and when he
refused to submit to a voice stress analysis, they handcuffed
him, shackled his ankles, pushed him to his knees, and
punched and kneed him in the head and shoulders
(Id.). Some of the John Doe officers failed to
intervene while Robinson and the other John Does beat
Plaintiff (Id. at pp. 7-8). Plaintiff alleges that
the excessive force used against him was in retaliation for
Plaintiff exercising his First Amendment right to refuse a
voice analysis test.
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into
the following three counts:
Count 1: Lieutenant Robinson used excessive force against
Plaintiff in violation of the Eighth Amendment.
Count 2: Lieutenant Robinson retaliated against Plaintiff in
violation of the First Amendment.
Count 3: Lieutenant Robinson committed an assault and battery
against Plaintiff under Illinois state law.
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
has identified groups of individuals, such as John Doe
Correctional Officers, as defendants, which is improper. To
state a Section 1983 claim against an individual or entity,
Plaintiff must specifically identify them, by name or Doe
designation. See Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007); Fed.R.Civ.P. 8(a)(2). Here, Plaintiff
has only identified a group of correctional officers without
providing any identifying information or even the number of
correctional officers involved in the use of excessive force
against Plaintiff. Accordingly, the John Doe Correctional
Officers are DISMISSED without prejudice.