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”
How later courts described this case
- 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”
- “an acquittal in an earlier prison disciplinary hearing is no bar to a subsequent hearing to consider the very same charge”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHAWN RANDALL,
Plaintiff,
v. Case No. 25-cv-1130-RJD
C/O ROBERT GEARHART, LT.
DALLAS, SGT. WOODLEY, JACOB
GUETERSLOH, KEVIN REICHERT,
SANDY WALKER, ANTHONY WILLS,
ANTHONY B. JONES, ANGELA
LOCKE, C/O CHANDLER, C/O HEINS,
C/O BAKER, C/O CHOATE, C/O
FARRAR, C/O BENT, MS. SALGER,
MS. PHILLIPS, C/O FALASTER, C/O
MCCLANAHAN,
Defendants.
MEMORANDUM AND ORDER
DALY, Magistrate Judge:
Plaintiff Shawn Randall, an inmate of the Illinois Department of Corrections who
is currently incarcerated at Menard Correctional Center, brings this action for
deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Randall’s original
complaint alleging First, Eighth, and Fourteenth Amendment claims against officials at
Menard was dismissed without prejudice for failure to state a claim (Docs. 1, 12). He was
granted leave to file an amended pleading. In his Amended Complaint (Doc. 13), Randall
again alleges that his First, Eighth, and Fourteenth Amendment rights were violated
during disciplinary proceedings at Menard.
This case is now before the Court for preliminary review of the Amended
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 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
On August 15, 2024, internal affairs officers Lieutenant (“Lt.”) Dallas and Sergeant
(“Sgt.”) Woodley conducted a shakedown of Randall’s cell resulting in Randall and his
cellmate both being placed in restrictive housing (Doc. 13, p. 12). Both inmates were
issued a disciplinary ticket for drugs and drug paraphernalia (Id.). On August 16, 2024,
Randall received the ticket but contends that there was no mention of any paper found
in his cell (Id.). He alleges that Dallas and Woodley failed to include in the ticket that they
found a phonebook containing ID cards believed to have synthetic cannabinoids on them
(Id. at p. 69). As a result of the ticket failing to include this information, Randall contends
that he was unable to prepare a defense (Id.). On August 20, 2024, he went before
adjustment committee members Sandy L. Walker and Anthony B. Jones for a disciplinary
hearing (Id. at p. 12). Randall pled not guilty. The following day he was released from
1 The Court has jurisdiction to screen the Amended 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 and the medical providers, to the exercise of Magistrate Judge jurisdiction as set forth
in the Memoranda of Understanding between this Court and these entities.
restrictive housing because the adjustment committee found Randall not guilty of the
charges due to his cellmate pleading guilty to the charges (Id.).
On September 24, 2024, Randall received another disciplinary report for drugs and
drug paraphernalia from internal affairs officer Robert W. Gearhart (Doc. 13, p. 12).
Randall was placed back in restrictive housing. Randall alleges that the ticket was for the
same infraction he was previously found not guilty on (Id. at p. 13). The following day,
Randall wrote several request slips to Sandy Walker, Anthony Jones, Anthony Wills,
Kevin Reichert, Woodley, and Dallas informing them that he had already received a
disciplinary ticket for this infraction and previously found not guilty (Id.). Randall
believes this second ticket constituted double jeopardy (Id.).
On October 1, 2024, Randall again went before adjustment committee members
Sandy Walker and Anthony Jones for a disciplinary hearing (Doc. 13, p. 13). He informed
the officials that he sent them request slips about the prior disciplinary ticket (Id.). He also
noted that the original shakedown slip failed to note that a phonebook and drugs were
found during the search (Id.). He pled not guilty to the disciplinary ticket. On October 1,
2024, he wrote a grievance regarding the disciplinary ticket, indicating his belief that the
ticket amounted to double jeopardy (Id. at p. 14). On October 2, 2024, Randall learned
from his gallery officer that he was found guilty of the charge and received six months in
segregation (Id.).
On October 18, 2024, Randall wrote a request slip to Anthony Wills and Mr.
McClanahan requesting yard/recreation time. He also submitted a request slip to Ms.
Salger and Ms. Phillips requesting a one-on-one mental health appointment due to his
inability to leave his cell (Doc. 13, p. 14). Randall alleges that he was having trouble with
his mental health due to his inability to leave the cell for yard or recreation (Id.). On
November 19, 2024, he again wrote a grievance about the second disciplinary ticket (Id.).
He noted that he believed the lab report indicated the substance found was not synthetic
cannabinoids and he should be let out of segregation (Id.).
On December 18, 2024, he again wrote to Anthony Wills and Mr. McClanahan
requesting out of cell time on the yard, informing them that he had not been let out of his
cell since October 18, 2024 (Doc. 13, p. 15). He submitted another request to Ms. Salger
and Ms. Phillips for a one-on-one or group meeting for his mental health (Id.). He
indicated that he did not feel comfortable discussing his mental health when mental
health staff made rounds through the unit because they were accompanied by guards
(Id.).
On January 8, 2025, Anthony Wills signed off on placing Randall on mail watch.
The following day, Angela Lock signed and confirmed the order placing Randall on mail
scan (Doc. 13, p. 15). Upon learning of his placement on mail watch and mail scan,
Randall wrote Anthony Wills, Sandy Walker, and Anthony B. Jones explaining that he
should not be on mail watch because he was not guilty of the disciplinary ticket (Id.). He
again noted that his cellmate pled guilty to the charge (Id.). He never heard back from the
officials. On January 20, 2025, he submitted a grievance about his mail.
On February 25, 2025, he wrote another grievance about numerous issues
including staff conduct, medical treatment, and his access to the yard (Doc. 13, p. 16).
Randall noted in the grievance that he asked every correctional officer on his gallery daily
to access the yard and each time the officers responded that it was not up to them whether
yard was allowed on a certain day. Randall identifies Officer Heins, Choate, Farrar,
Baker, Bent, and Chandler as correctional officers he routinely spoke to about his ability
to access the yard on a certain day (Id.). He also informed the grievance officer that he
asked Ms. Salger and Ms. Phillips during their daily rounds for access to mental health
services and yard (Id. at pp. 16, 71). On March 2, 2025, he submitted another request slip
directed to Ms. Salger and Ms. Phillips requesting mental health services (Id.).
Preliminary Dismissals
In addition to claiming that his due process rights were violated by the issuance
of a second disciplinary ticket, Randall alleges that Robert W. Gearhart issued the second
disciplinary ticket in retaliation for Randall being found not guilty on the first ticket. In
order to state a viable retaliation claim, a plaintiff must allege that he engaged in
protected activity, “suffered a deprivation likely to deter such activity,” and the “First
Amendment activity was at least a motivating factor in the decision to impose the
deprivation.” Hawkins v. Mitchell, 756 F.3d 983, 996 (7th Cir. 2014). But Randall fails to
point to any protected activity that he was participating in that led to the disciplinary
ticket. He merely alleges that Gearhart was upset at Randall being found not guilty on
the original charge. Because he fails to point to any protected activity, any retaliation
claim is DISMISSED without prejudice.
Further, to the extent Randall takes issue with the change in how he received mail
as a result of the disciplinary ticket, Randall also fails to state a claim. Restrictions on an
inmate’s mail are protected by the First Amendment. Rowe v. Shake, 196 F.3d 778, 782 (7th
Cir. 1999) (citations omitted). However, “the legitimate governmental interest in the
order and security of penal institutions justifies the imposition of certain restraints on
inmate correspondence.” Procunier v. Martinez, 416 U.S. 396, 412-13 (1974). For incoming
mail, a court will uphold regulations or actions restricting inmate mail if they are
“reasonably related to legitimate penological interests.” Turner v. Safley, 482 U.S. 78, 89
(1987). Here, Randall acknowledges that he was placed on mail scan because he was
found guilty of the drug charge regarding synthetic cannabinoids on small pieces of
paper. Although Randall disputes whether he was guilty of that charge, the prison clearly
has a penological interest in preventing drugs from entering the prison. Further, there are
no allegations suggesting that Randall is prohibited from accessing his mail, he has just
been placed on “mail scan status,” a process that Randall fails to explain in his pleading.
Thus, Randall’s claim against Anthony Wills and Angela Locke regarding his placement
on mail scan is DISMISSED without prejudice.
Discussion
Based on the allegations in the Amended Complaint, the Court designates the
following counts:
Count 1: Fourteenth Amendment due process claim against Lt.
Dallas, Sgt. Woodley, Robert Gearhart, Sandy Walker,
Anthony Jones, Anthony Wills, and Kevin Reichert for
finding him guilty on a disciplinary ticket for which he had
previously been found innocent.
Count 2: Eighth Amendment conditions of confinement claim
against Anthony Wills, McClanahan, Officer Heins, Choate,
Farrar, Baker, Bent, and Chandler for denying Randall
access to the yard while in segregation.
Count 3: Eighth Amendment deliberate indifference to mental
health needs claim against Salger and Phillips for failing to
provide him with mental health care while in segregation.
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 Amended Complaint but not addressed in this Order should be
considered dismissed without prejudice as inadequately pled under the Twombly
pleading standard.2
Count 1
At issue in this case are two disciplinary tickets issued by officials related to the
drugs allegedly found in Randall’s cell on August 15, 2024. Randall alleges that the first
ticket, issued by Lt. Dallas and Sgt. Woodley, failed to include information about the
supposed items and drugs found in his cell. Randall contends that the failure to include
the information in the ticket left him unable to prepare a proper defense. But an inmate’s
liberty interests are protected by the Due Process Clause only insofar as a deprivation of
the interest at issue would impose an “atypical and significant hardship on the inmate in
relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 (1995).
Here, Randall acknowledges that he was found not guilty on the first ticket and did not
serve any time in segregation. There are simply no allegations suggesting that he suffered
an atypical and significant hardship that entitled him to due process protections.
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”).
Randall was found guilty on the second disciplinary ticket and served six months
in segregation. His extensive stay in segregation could implicate a protected liberty
interest. Kervin v. Barnes, 787 F.3d 833, 836-37 (7th Cir. 2015). As to this second ticket,
Randall mostly focuses his claim on the fact that he was charged a second time for the
same infraction. He repeatedly states that he was subject to double jeopardy as a result
of the second ticket (Doc. 13, p. 13). But double jeopardy principles do not apply in the
disciplinary context. Meeks v. McBride, 81 F.3d 717, 722 (7th Cir. 1996) (“an acquittal in an
earlier prison disciplinary hearing is no bar to a subsequent hearing to consider the very
same charge”). Thus, he cannot maintain a due process claim merely on the fact he was
allegedly charged a second time for the infraction after being found not guilty on the first
ticket. To the extent that Randall alleges that he informed Sandy Walker, Anthony Jones,
Anthony Wills, Kevin Reichert, Woodley, and Dallas about the double jeopardy issue, he
fails to state a claim.
Randall also disputes that he had proper notice of the charges in this second ticket,
arguing that his initial shakedown slip failed to include the phone book and drugs, nor
did it note that items were sent to a lab (Doc. 13, pp. 13, 69). In situations where an inmate
complains about discipline in which he received segregation but not the loss of good-time
credit, the disciplinary proceedings are subject to an informal due process inquiry.
Informal due process requires only that an inmate is provided (1) notice of the reasons
for his placement in segregation, and (2) an opportunity to present his views in a written
statement of hearing. Ealy Watson, 109 F.4th 958, 965-66 (7th Cir. 2024). Here, Randall
acknowledges that he received notice of the disciplinary ticket. His attached grievance
responses indicate that the disciplinary ticket noted the ID sized pieces of paper found in
an address book on the bottom bunk, the bunk that Randall was known to have resided
in at the time (Doc. 13, p. 41). The pieces of paper field tested for synthetic cannabinoids
and were sent out for further testing (Id.). Thus, Randall’s exhibits demonstrate that he
received notice of the charges. He also acknowledges that he wrote to numerous
individuals before the hearing about the charges and presented his arguments at the
disciplinary hearing. He alleges that he informed Sandy Walker and Anthony Jones that
the ticket lacked information regarding the phone book and drugs, or that the items were
sent to a lab (Doc. 13, p. 13). Thus, Randall received his entitled process and his due
process claim is DISMISSED without prejudice.
Counts 2
As to Randall’s claims in Count 2, he alleges that he was never let out of his cell
for yard during the entire time he was in segregation. In order to state a claim for
unconstitutional conditions of confinement, a plaintiff must demonstrate that (1) he
suffered a sufficiently serious deprivation, and (2) the defendants acted with deliberate
indifference to his conditions of confinement. Sain v. Wood, 512 F.3d 886, 894 (7th Cir.
2008). Randall alleges that he wrote several request slips to Wills and McClanahan
informing them that he was not being let out of his cell for any reason. He attaches several
of those request slips to his Amended Complaint. The slips indicate that he needs exercise
due to his medical issues, but correctional officers informed him that other officials were
cancelling yard access for the unit (Doc. 13, pp. 24-27). Randall alleges that Wills and
McClanahan ignored his requests for yard. At this stage, Randall adequately alleges a
deliberate indifference claim against Wills and McClanahan for his lack of access to the
yard.
But Randall fails to state a claim against Officers Heins, Choate, Farrar, Baker,
Bent, and Chandler. He merely alleges that he spoke to them “every day” asking them
about his access to the yard. But he fails to indicate the date he spoke with each,
individual officer, the details of those conversations, or each officer’s specific response.
Although Randall contends that each officer “made it out to be a joke”, he fails to indicate
any officer’s specific response other than that it was not their decision. Further, there is
no indication that any of the officers were aware of Randall’s specific need for the yard
given his alleged medical conditions. Thus, Randall fails to state a claim against any of
the correctional officers listed in his Amended Complaint.
Count 3
To successfully state an Eighth Amendment claim of deliberate indifference to
medical needs, a plaintiff must plead that he suffered from “an objectively serious
medical condition” and that a “state official was deliberately… indifferent” to that
condition. See Giles v. Godinez, 914 F. 3d 1040, 1049 (7th Cir. 2019). Here, Randall alleges
that he submitted requests to Salger and Phillips, as well as spoke to them, asking for
mental health care but they ignored his requests. At this early stage, Randall states a claim
against Salger and Phillips.
Disposition
For the reasons stated above, Count 1 is DISMISSED without prejudice. Count 2
shall proceed against Anthony Wills and McClanahan but is DISMISSED without
prejudice as to Officers Heins, Choate, Farrar, Baker, Bent, and Chandler. Count 3 shall
proceed against Salger and Phillips. All other claims and defendants are DISMISSED
without prejudice.
The Clerk of Court shall prepare for Anthony Wills, McClanahan, Salger, and
Phillips: (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 Amended Complaint, and this Memorandum and Order to each
defendant’s place of employment as identified by Randall. 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 Randall,
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 Amended 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.
Because Randall’s claims involve his mental healthcare, the Clerk of Court is
DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.
If judgment is rendered against Randall, 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, Randall 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 14 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: January 14, 2026
/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 Amended Complaint. After service has
been achieved, the defendants will enter their appearance and file an Answer to your
Amended 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.