STACI M. YANDLE, District Judge.
This matter is now before the Court for preliminary review of the First Amended Complaint (Doc. 14) filed by Plaintiff Jeffrey Miller, an inmate who is currently incarcerated at Big Muddy River Correctional Center ("Big Muddy"). Plaintiff claims that Big Muddy's Orange Crush Tactical Team
Plaintiff now brings this pro se civil rights action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 against the Illinois Department of Corrections ("IDOC") officials who were allegedly involved in the incident, including S. A. Godinez (former IDOC Director), Donald Stolworthy (former IDOC Acting Director), Zachory Roeckeman (Big Muddy's warden), Joseph Yurkovich (Big Muddy's Chief of Operations), and numerous unknown members of Big Muddy's Orange Crush Tactical Team ("Jane and John Does"). Plaintiff seeks monetary damages against them (id. at 6).
The First Amended Complaint (Doc. 14) is now before the Court for preliminary review pursuant to 28 U.S.C. § 1915A. Under § 1915A, the Court is required to promptly screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. § 1915A(a). The Court is required to dismiss any portion of the 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. 28 U.S.C. § 1915A(b). The First Amended Complaint survives preliminary review under this standard.
On or around May 13, 2014, the Orange Crush Tactical Team at Big Muddy conducted a shakedown of Plaintiff's housing unit, i.e., Housing Unit R1 (Doc. 14, p. 19). The team consisted of both male and female officers whose faces were covered (id. at 5). They wore no badges and failed to identify themselves (id. at 19). During the shakedown of Plaintiff's cell, one member of the team allegedly "beat" Plaintiff in the head and pushed him into a wall. Meanwhile, other team members destroyed his personal property "for simply no reason" (id.).
Plaintiff and his fellow inmates were next ordered to undress in front of female officers. The inmates were initially subjected to a visual search before being ordered to touch their genitals and place their hands in their mouths. Plaintiff was humiliated (id.).
Each of the inmates was then placed in "extremely tight" handcuffs behind their backs and ordered to walk in line with their chins and foreheads pressed against the inmate standing in front of them. In the process, Plaintiff's genitals came into contact with the buttocks and hands of the inmate in front of him (id. at 19-20). This caused further humiliation.
After walking in this manner to the chow hall, the inmates were ordered to place their heads on the table for an hour (id. at 19). At the time, Plaintiff's hands were still cuffed behind his back and this stress position caused pain. When the inmates were eventually allowed to return to their cells, an officer slammed Plaintiff's head into another inmate's head because Plaintiff was moving too slowly. A large knot formed on Plaintiff's head (id.).
He now claims that each of the defendants was personally responsible for violations of his Eighth Amendment rights at Big Muddy on May 13, 2014. Plaintiff seeks monetary damages against them (id. at 6).
The Court will begin with a preliminary note concerning the handling of Orange Crush cases in the Southern District of Illinois. Plaintiff's First Amended Complaint (Doc. 14) raises allegations similar to the pleading in Ross v. Gossett, Case No. 15-cv-309-SMY-SCW, which was filed in this Court on March 19, 2015. The plaintiff in Ross is seeking injunctive relief and damages on behalf of himself and a class of prisoners who were subjected to similar strip searches while incarcerated at Illinois prisons during 2014. Should the Ross class be certified, Plaintiff could potentially be a member of that class. Against this backdrop, the Court will evaluate the claims in Plaintiff's First Amended Complaint pursuant to 28 U.S.C. § 1915A.
To facilitate the orderly management of future proceedings in this case, and in accordance with the objectives of Federal Rules of Civil Procedure 8(e) and 10(b), the Court deems it appropriate to organize the claims in the pro se First Amended Complaint into the following enumerated counts:
Given the similarities between Plaintiff's First Amended Complaint and the Complaint in Ross, which survived preliminary review and has been allowed to proceed on claims that are virtually identical to those set forth above, as well as others, the Court now finds that Counts 1 and 2 (which are identical to Counts 1 and 3 in Ross, respectively) cannot be dismissed at this time.
One final note concerning identifying individual members of the Orange Crush Tactical Team: these individuals must be identified with particularity before service of the First Amended Complaint can be made on them. Where a prisoner's Complaint states specific allegations describing the conduct of unknown corrections officers sufficient to raise a constitutional claim against them, the prisoner should have the opportunity to engage in limited discovery in order to ascertain the identity of those defendants. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 832 (7th Cir. 2009). In this case, guidelines for discovery aimed at identifying the unknown parties will be set by the magistrate judge. Once the unknown parties are identified, Plaintiff shall file a Motion for Substitution of the properly identified individuals in their place.
Plaintiff's three Motions for Recruitment of Counsel shall be
Plaintiff's Motion for Service of Process at Government Expense is hereby
Plaintiff's Motion to Compel Production of Names of John and/or Jane Does shall also be
The Clerk of Court shall prepare for Defendants
Service shall not be made on Defendants
With respect to a Defendant who no longer can be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with the Defendant's current work address, or, if not known, the 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.
Plaintiff shall serve upon Defendants (or upon defense counsel once an appearance is entered), a copy of every pleading or other document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed a certificate stating the date on which a true and correct copy of the document was served on Defendants or counsel. Any paper received by a district judge or magistrate judge that has not been filed with the Clerk or that fails to include a certificate of service will be disregarded by the Court.
Defendants are
Pursuant to Local Rule 72.1(a)(2), this action is
Further, this entire matter shall be
If judgment is rendered against Plaintiff, and the judgment includes the payment of costs under § 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding that his application to proceed in forma pauperis has been granted. See 28 U.S.C. § 1915(f)(2)(A).
Plaintiff is
Finally, Plaintiff is