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Date: 08-04-2023
Case Style:
Case Number: 3:19-cv-01140
Judge: Mark A. Beatty
Court: United States District Court for the Eastern District of Illinois (St. Claire County)
Plaintiff's Attorney: Scott Ahmad, Brian O'Gara Emily Kath
Defendant's Attorney: Erica Szewczyk and Areda Johnson
Description: East St. Louis, Illinois civil rights lawyers represented Plaintiff who sued Defendants on prisoner civil rights violation theories.
Plaintiff Raymond Stinde, an inmate of the Illinois Department of Corrections currently incarcerated at Menard Correctional Center ("Menard"), brings this action for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 for violation of due process in connection with the issuance of a disciplinary report. He seeks expungement of his disciplinary report, transfer to a facility that can meet his mental health needs, accommodation of an institutional job, and monetary damages. On April 6, 2020, Stinde also filed a motion for preliminary injunction. (Doc. 13).
The First Amended Complaint is now before the Court for preliminary review 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). At this juncture, the factual allegations of the pro se complaint are to be liberally construed. Rodriquez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).
Stinde alleges the following: On July 11, 2019, he was issued a disciplinary report while at Pinckneyville Correctional Center for alleged assault. (Doc. 11, p. 6). That afternoon, Stinde was "emergency transferred" to Menard on a segregation to segregation disciplinary transfer. He went before the Adjustment Committee for a hearing on July 16, 2019, at which he plead and was found guilty. He was disciplined with three months in segregation, three months C-grade status, three months commissary restrictions, and six month contact visit restrictions. Upon review of the Adjustment Committee's final summary, Stinde saw that the Adjustment Committee disregarded that he has a serious mental illness and failed to contact a mental health professional on his behalf for a recommendation prior to imposing the sanctions.
Outcome: 08/04/2023 123 CLERK'S JUDGMENT. Approved by Magistrate Judge Mark A. Beatty on 8/4/2023. (scm) (Entered: 08/04/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: