Opinion

Brown v. Gooch

Court
District Court, C.D. Illinois
Filed
Sep 29, 2021
Cited by
0 cases
Authority
More cited than 20.7%

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

KENNETH A. BROWN, )

)

Plaintiff, )

)

v. ) 21-4027

)

IDOC, et al. )

)

Defendants. )

MERIT REVIEW ORDER #2

The plaintiff, proceeding pro se, and currently detained at

Rushville Treatment and Detention Facility, brought this lawsuit

alleging several constitutional violations. The case is now before the

court for a merit review of plaintiff’s claims. The court is required by

28 U.S.C. § 1915A to “screen” the plaintiff’s second amended

complaint, and through such process to identify and dismiss any

legally insufficient claim, or the entire action if warranted. A claim

is legally insufficient if it “(1) is frivolous, malicious, or fails to state

a claim upon which relief may be granted; or (2) seeks monetary

relief from a defendant who is immune from such relief.” 28 U.S.C.

§ 1915A.

In reviewing the second amended complaint, the court accepts

the factual allegations as true, liberally construing them in the

plaintiff's favor. Turley v. Rednour, 729 F.3d 645, 649 (7th Cir.

2013). However, conclusory statements and labels are insufficient.

Enough facts must be provided to “state a claim for relief that is

plausible on its face.” Alexander v. U.S., 721 F.3d 418, 422 (7th Cir.

2013) (citation omitted).

Plaintiff alleges that he did not receive 90 days of good-time

credit to pursuant to a bill Governor Pritzker signed into law on

January 1, 2020, prior to his release from IDOC custody. Plaintiff

alleges that Defendant Gooch, his correctional counselor acted

unprofessionally in response to Plaintiff’s inquiries into the matter.

Plaintiff alleges that he filed a petition for a writ of mandamus in

state court. The copy of the writ Plaintiff provided suggests that he

filed the writ on or after July 23, 2020.

Plaintiff alleges that in early July 2020, Defendant Joseph, a

mental health professional, facilitated a meeting between Plaintiff

and a Wexford Health Care professional. Plaintiff does not disclose

the subject of the meeting, but he alleges that “it was a regular

routine interview based on the formality of questions.” (Doc. 13 at

5). Plaintiff alleges that, on July 20, 2020, Defendant Mullis, the

clinical services director, arranged a meeting between Plaintiff and a

psychologist. Plaintiff alleges that he met with the psychologist on

July 21, 2020, and “her questions were no different than the other

mental health professionals that I had spoken with over the course

[of his incarceration].” Id. Plaintiff alleges that IDOC officials had

“redflagged” him for detention in the Department of Human Services

because he was trying to obtain good-time credit. Plaintiff alleges

that Defendant Joseph “refused to present the correct information

to the Clinical Services Office,” mainly that he should not be a

candidate for confinement under the Illinois Sexually Violent

Persons Commitment Act.

Prison officials’ failure to follow state law does not create a

federally enforceable right. Lennon v. City of Carmel, 865 F.3d 503,

509 (7th Cir. 2017). Defendants arranged the routine meetings with

mental health professionals prior to the date Plaintiff filed his

petition for mandamus, and, therefore, no plausible inference arises

that their actions were motivated by Plaintiff’s litigation activity. If

Plaintiff is challenging his commitment under the SVP Act, he

should raise these arguments in his state court proceedings.

Plaintiff, therefore, does not state a claim upon which relief can be

granted.

IT IS THEREFORE ORDERED:

1) Plaintiff's motion for leave to file an amended complaint

is granted. [13.]

2) Plaintiff's amended complaint is dismissed for failure to

state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28

U.S.C. § 1915A. Any further amendment to the

Complaint would be futile. This case is therefore

terminated. All pending motions are denied as moot.

The clerk is directed to enter a judgment pursuant to

Fed. R. Civ. P. 58.

3) If Plaintiff wishes to appeal this dismissal, he must file

a notice of appeal with this Court within 30 days of the

entry of judgment. Fed. R. App. P. 4(a). A motion for

leave to appeal in forma pauperis should set forth the

issues Plaintiff plans to present on appeal. See Fed. R.

App. P. 24(a)(1)(C).

Entered this 29th day of September, 2021.

s/Harold A. Baker

HAROLD A. BAKER

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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