Opinion

Price v. Robinson

Court
District Court, S.D. Illinois
Filed
May 12, 2023
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

CHRISTOPHER R. PRICE, )

)

Plaintiff, )

)

vs. ) Case No. 22-cv-2805-RJD

)

)

LT. ROBINSON, LT. JACK, )

SERGEANT JOHN DOE #1, JOHN )

DOE #2 PLACEMENT OFFICER, )

)

Defendants. )

)

MEMORANDUM AND ORDER

DALY, Magistrate Judge:

Plaintiff Christopher R. Price, who at the time he filed his Complaint was an

inmate of the Illinois Department of Corrections (“IDOC”), brings this action pursuant to

42 U.S.C. § 1983 for deprivations of his constitutional rights while he was housed at

Centralia Correctional Center. In the Complaint, Price alleges Defendants failed to protect

him from an inmate assault in violation of the Eighth Amendment.

This case is now before the Court for preliminary review of the Complaint

pursuant to 28 U.S.C. § 1915A.1 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

1 The Court has jurisdiction to screen the Complaint in light of Plaintiff’s consent to the full

jurisdiction of a Magistrate Judge, and the limited consent by the Illinois Department of

Corrections to the exercise of Magistrate Judge jurisdiction as set forth in the Memorandum of

Understanding between this Court and the Illinois Department of Corrections.

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).

The Complaint

In his Complaint, Price makes the following allegations: On February 25, 2022,

Price was released from segregation at Centralia Correctional Center (Doc. 1, p. 16). He

informed John Doe #1, a sergeant who worked the 7:00 a.m. to 3:00 p.m. shift, that he

could not be released to East 3 cellhouse because there was an individual in the cellhouse

who harassed him due to Price being a homosexual (Id.). Price also indicated that he was

on the vulnerable list (Id. at p. 18). Price does not identify this individual in his Complaint.

John Doe #1 talked to John Doe #2, a placement officer, but ultimately told Price that

there was no room in any other cellhouse and he would have to go to East 3 (Id. at p. 16).

Price spoke to Lieutenant Jack about the situation, but Lt. Jack indicated that there were

no protective custody cells at Centralia for Price (Id.). Price also spoke to Lt. Robinson but

was again told that he had to transfer to East 3 (Id.).

Price transferred to East 3 and learned that he would be on the same side of the

cellhouse as the individual with which he had a conflict (Id. at p. 17). Price informed the

commanding officer in East 3 that being in the same cellhouse would be a problem for

him, but he was still placed in the cellhouse. The individual approached Price and started

harassing him. Price informed an officer that the living situation would not work with

the individual at issue. Price returned to his cell to retrieve his property and the

individual attacked him, punching Price in the face several times (Id.). Price received

serious injuries to his face, including a cut on the left side of his eye and a substantial

fracture in his face (Id. at pp. 17-18).

Discussion

Based on the allegations in the Complaint, the Court designates the following

count:

Count 1: Eighth Amendment failure to protect claim against John

Doe #1, John Doe #2, Lt. Jack, and Lt. Robinson for

transferring Price to the cellhouse despite knowing that he

was on the vulnerable list and faced threats from a specific

individual in the cellhouse.

The 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

standard.2

To state an Eighth Amendment failure to protect claim, a prisoner must allege that

(1) “he is incarcerated under conditions posing a substantial risk of serious harm,” and

(2) defendants “acted with deliberate indifference to that risk.” Brown v. Budz, 398 F.3d

904, 909 (7th Cir. 2005). A plaintiff also must prove that prison officials were aware of a

specific, impending, and substantial threat to his safety, often by showing “that he

2 See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) (an action fails to state a claim upon

which relief can be granted if it does not plead “enough facts to state a claim to relief that is

plausible on its face”).

complained to prison officials about a specific threat to his safety.” Pope v. Shafer, 86 F.3d

90, 92 (7th Cir. 1996).

At this stage, Price states a viable failure to protect claim against John Doe #1, John

Doe #2, Lt. Jack, and Lt. Robinson. Thus, Count 1 shall proceed against all Defendants.

The Court also ADDS Daniel Monti, in his official capacity only as the warden of

Centralia, to respond to discovery aimed at identifying the John Does.

Disposition

For the reasons stated above, Count 1 shall proceed against John Doe #1, John Doe

#2, Lt. Jack, and Lt. Robinson. Daniel Monti is ADDED, in his official capacity only, to

identify the John Does.

The Clerk of Court shall prepare for Defendants Lt. Jack, Lt. Robinson, and Daniel

Monti (official capacity only): (1) Form 5 (Notice of a Lawsuit and Request to Waive

Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is

DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and

Order to the defendants’ place of employment as identified by Price. If a defendant fails

to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days

from the date the forms were sent, the Clerk shall take appropriate steps to effect formal

service on that defendant, and the Court will require that defendant to pay the full costs

of formal service, to the extent authorized by the Federal Rules of Civil Procedure.

If a defendant can no longer be found at the work address provided by Price, the

employer shall furnish the Clerk with the defendant’s current work address, or, if not

known, defendant’s last-known address. This information shall be used only for sending

the forms as directed above or for formally effecting service. Any documentation of the

address shall be retained only by the Clerk. Address information shall not be maintained

in the court file or disclosed by the Clerk.

Defendants are ORDERED to timely file an appropriate responsive pleading to

the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. Section 1997e(g).

Pursuant to Administrative Order No. 244, Defendants need only respond to the issues

stated in this Merit Review Order. As Daniel Monti is added to the case only to respond

to John Doe discovery, he need not file a responsive pleading. Once Monti enters his

appearance, the Court will enter a John Doe discovery order providing additional

information on the John Doe discovery process.

If judgment is rendered against Price, and the judgment includes the payment of

costs under Section 1915, he will be required to pay the full amount of the costs, regardless

of whether his application to proceed in forma pauperis is granted. See 28 U.S.C.

§ 1915(f)(2)(A).

Finally, Price is ADVISED that he is under a continuing obligation to keep the

Clerk of Court and each opposing party informed of any change in his address; the Court

will not independently investigate his whereabouts. This shall be done in writing and not

later than seven days after a transfer or other change in address occurs. Failure to comply

with this order will cause a delay in the transmission of court documents and may result

in dismissal of this action for want of prosecution. See Fed. R. Civ. P. 41(b).

IT IS SO ORDERED.

DATED: 5/12/2023

/s/ Reona J. Daly

REONA J. DALY

U.S. Magistrate Judge

Notice to Plaintiff

The Court will take the necessary steps to notify the appropriate defendants of

your lawsuit and serve them with a copy of your complaint. After service has been

achieved, the defendants will enter their appearance and file an Answer to your

Complaint. It will likely take at least 60 days from the date of this Order to receive the

defendants’ Answer, but it is entirely possible that it will take 90 days or more. When all

the defendants have filed Answers, the Court will enter a Scheduling Order containing

important information on deadlines, discovery, and procedures. Plaintiff is advised to

wait until counsel has appeared for the defendants before filing any motions, to give the

defendants notice and an opportunity to respond to those motions. Motions filed before

defendants’ counsel has filed an appearance will generally be denied as premature.

Plaintiff need not submit any evidence to the Court at this time, unless specifically

directed to do so.

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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