United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE
Christian Kistner, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Lawrence Illinois Correctional Center
(“Lawrence”), brings this civil action pursuant
to 42 U.S.C. § 1983 for violations of his constitutional
rights arising from the issuance of false disciplinary
tickets and a guilty verdict by the Adjustment Committing. He
seeks monetary damages and injunctive relief.
Complaint is now before the Court for preliminary review
pursuant to 28 U.S.C. § 1915A. Under Section 1915A, any
portion of a complaint that is legally frivolous, malicious,
fails to state a claim upon which relief may be granted, or
requests 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).
makes the following allegations: On November 16, 2018, he was
strip searched by Corrections Officer Fitch prior to
receiving a visitor. (Doc. 1, p. 7). Following the search,
Kistner went into the visiting room and shortly embraced his
visitor. Although Fitch was not even in the visiting room to
view the interaction, Fitch wrote him a disciplinary ticket.
the disciplinary hearing, Kistner's witness was not
called, and Lieutenant Williams told him that he could not be
seen committing the offense on the camera footage.
(Id. at p. 8). Lieutenant Williams wrote on the
ticket summary, however, that Kistner was found guilty
“based on video footage.” Kistner was demoted to
one month C-grade status and had his visiting privileges
revoked for three months. (Id.). Kistner started
filing grievances and had a meeting with Warden Brookhart,
who told him that she “was going to justly take care of
it, ” but later informed his mother that the discipline
would stand. (Id.).
Christmas day, Kistner's television was confiscated for
thirty days, and he was moved to segregation. During the
move, Corrections Officer West wrote him a disciplinary
ticket for disobeying a direct order, and he was again found
guilty by the Adjustment Committee. (Id.).
Corrections Officer Williams was a witness on the ticket,
even though Williams was not in the wing during the alleged
events. (Id. at p. 9). Kistner continued to be moved
multiple times to different cells over the course of two
names Corrections Officer Johnson in the case caption and
states in the Complaint that he and Johnson had been in
multiple altercations, which contributed to tension between
Kistner and Corrections Officer Fitch, because Fitch and
Johnson worked together. (Doc. 1, p. 7). Kistner does not
describe how Johnson violated his constitutional rights, and
so Johnson will be dismissed without prejudice. See Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007);
Kistner makes allegations regarding being placed in
segregation for requesting a crisis team, never being
provided a crisis team, being moved to multiple different
cells, and retaliation by the administration, but these
claims are not asserted against any named Defendant.
“[I]ndividual liability under § 1983 requires
‘personal involvement in the alleged constitutional
deprivation.'” Minix v. Canarecci, 597
F.3d 824, 833 (7th Cir. 2010) (quoting Palmer v. Marion
Cty., 327 F.3d 588, 594 (7th Cir. 2003)). Because
Kistner is required to associate specific defendants with
specific claims, these claims will be dismissed without
prejudice. See Twombly, 550 U.S. at 555;
on the allegations in the Complaint, the Court finds it
convenient to designate the following five Counts:
Count 1: Fourteenth Amendment due process
claim against Corrections Officer Fitch for issuing Kistner a
false disciplinary ticket for violating visiting room rules
on November 16, 2018.
Count 2: Fourteenth Amendment due process
claim against Corrections Officer West and Corrections
Officer Williams for issuing a false disciplinary ticket for
disobeying a ...