Opinion

Payne v. Brown

Court
District Court, S.D. Illinois
Filed
Jul 25, 2025
Cited by
0 cases
Authority
More cited than 38.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

KRAIG PAYNE,

Plaintiff,

v. Case No. 25-cv-848-NJR

JEREMIAH BROWN,

Defendant.

MEMORANDUM AND ORDER

ROSENSTENGEL, Chief Judge:

Plaintiff Kraig Payne, an inmate of the Illinois Department of Corrections who is

currently incarcerated at Lawrence Correctional Center, brings this action for

deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Payne’s original

Complaint (Doc. 1) alleging that Warden Jeremiah Brown failed to protect him was

dismissed without prejudice for failure to state a claim (Doc. 11). He was granted leave

to file an amended pleading. His amended pleading was due July 7, 2025 (Id.).

On July 22, 2025, the Court dismissed Payne’s case with prejudice due to his failure

to file an amended pleading by the deadline (Docs. 12, 13). That same date, Payne filed

his Amended Complaint (Doc. 14). Payne dated his Amended Complaint as being filed

on June 14, 2025. Although it is not entirely clear from the pleading when he submitted

the pleading for filing, the Court will consider it timely submitted. Thus, the dismissal

Order (Doc. 12) and Judgment (Doc. 13) are VACATED.

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

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).

The Amended Complaint

Payne alleges that as Chief Administrative Officer, Jeremiah Brown’s name is on

every grievance that Payne submitted about his various issues at Lawrence (Doc. 14, p. 6).

Payne alleges that Brown fails to properly investigate the grievances and refuses to fire,

suspend without pay, or do anything to his staff (Id.). Payne was supposed to go to the

law library to discuss his grievances, but his housing unit was never called. He alleges

that Brown violated his rights from May 16, 2024, through June 2025 by failing to resolve

his grievances or discipline his staff (Id. at pp. 6-7). Brown also allegedly failed to protect

Payne by denying a grievance that contained a Prisoner Rape Elimination Act claim and

reported contaminated food (Id.). Payne alleges that Brown simply refused to discipline

any staff after he submitted serious grievances (Id.).

Discussion

Payne once against fails to state a claim. He alleges only that Warden Jeremiah

Brown failed to protect him by denying all of his grievances and failing to punish his staff

for actions they took against Payne. Payne fails to identify those alleged actions by staff.

He vaguely refers to the Prison Rape Elimination Act but fails to allege how or when he

was sexually harassed and/or assaulted. He also notes that all of the alleged violations

are set forth in his grievances, but he fails to attach any grievances or explain the subject

of those grievances.

Payne merely alleges that Brown is liable because he fails to discipline his

employees or properly resolve Payne’s grievances. But as the Court noted in dismissing

the original complaint, Brown cannot be liable for his employees’ actions because the

doctrine of respondeat superior (or supervisory liability) does not apply to Section 1983

claims. Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001). Nor can he be liable for

simply denying grievances. Owens v. Hinsley, 635 F.3d 950, 953 (7th Cir. 2011). In order to

be liable, Brown must be personally involved in the constitutional violations. Vance v.

Rumsfeld, 701 F.3d 193, 203 (7th Cir. 2012). There are simply no allegations suggesting that

Brown was involved in any constitutional violations. Payne fails to even set forth those

constitutional violations, and he only alleges that Brown was involved after the fact, by

denying grievances and failing to discipline his staff. That is not enough to state a claim

against Warden Brown.

Thus, Payne fails to state a claim. This is Payne’s second attempt at stating a viable

claim, and he has been unable to do so. The Court finds that further amendment would

be futile.

Disposition

For the reasons stated above, Payne’s Amended Complaint is DISMISSED with

prejudice for failure to state a claim. The dismissal counts as one of Payne’s three allotted

“strikes” within the meaning of 28 U.S.C. § 1915(g).

Payne is further ADVISED that his obligation to pay the filing fee for this action

was incurred at the time the action was filed. Therefore, the filing fee remains due and

payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

If Payne wishes to appeal this Order, he must file a notice of appeal with this Court

within 30 days of the entry of judgment. FED. R. App. P. 4(a)(1)(A). If Payne does choose

to appeal, he will be liable for the $605.00 appellate filing fee irrespective of the outcome

of the appeal. See FED. R. App. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d

724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien, 133

F.3d at 467. He must list each of the issues he intends to appeal in the notice of appeal,

and a motion for leave to appeal in forma pauperis must set forth the issues he plans to

present on appeal. See FED. R. App. P. 24(a)(1)(C). Moreover, if the appeal is found to be

nonmeritorious, Payne may also incur another “strike.” A proper and timely motion filed

pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline.

Feb. R. App. P. 4(a)(4). A Rule 59(e) motion must be filed no more than 28 days after the

entry of judgment, and this 28-day deadline cannot be extended.

The Clerk of Court is DIRECTED to close this case and enter judgment

accordingly.

IT IS SO ORDERED.

DATED: July 25, 2025 Tl

wefofmteg!

NANCY J. ROSENSTENGEL

Chief U.S. 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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