United States District Court, W.D. Michigan, Southern Division
L. Maloney United States District Judge
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983. Under the Prison Litigation Reform Act,
Pub. L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), the Court
is required to dismiss any prisoner action brought under
federal law if the complaint is frivolous, malicious, fails
to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant immune from such relief. 28
U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. §
1997e(c). The Court must read Plaintiff's pro se
complaint indulgently, see Haines v. Kerner, 404
U.S. 519, 520 (1972), and accept Plaintiff's allegations
as true, unless they are clearly irrational or wholly
incredible. Denton v. Hernandez, 504 U.S. 25, 33
(1992). Applying these standards, the Court will dismiss
Plaintiff's complaint for failure to state a claim.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Ionia Correctional Facility (ICF)
in Ionia County, Michigan. The events about which he
complains occurred at that facility. Plaintiff sues
Corrections Officer Unknown Simon.
complains that Defendant Simon denied Plaintiff food trays on
June 22, 2019, July 1, 2019, and “other times.”
(Compl., ECF No. 1, PageID.3.) One of the trays was a Ramadan
meal. Moreover, on one occasion, in place of Plaintiff's
Saturday “waffle tray, ” Defendant Simon made
Plaintiff eat food loaf. Plaintiff asserts that Defendant
Simon has taken these actions in retaliation for Plaintiff
“getting into it with COs last year.”
claims further that Defendant Simon made sure Plaintiff was
placed in a suicide cell where the lights stay on 24 hours a
day, 7 days a week. Plaintiff indicates he was kept in that
cell for about 4 weeks.
claims that Defendant Simon's actions constitute cruel
and unusual punishment and interfered with Plaintiff's
right to practice his religion.
seeks $1, 000 for each tray Defendant Simon withheld from
2018 to present (5 trays). Plaintiff seeks an additional
award of $50, 000 for pain and suffering during 2018 and $50,
000 for pain and suffering during 2019. Finally, Plaintiff
indicates Defendant Simon should be fired, or at least taken
out of the unit where prisoners with mental health treatment
needs are housed.
Failure to state a claim
complaint may be dismissed for failure to state a claim if it
fails “‘to give the defendant fair notice of what
the . . . claim is and the grounds upon which it
rests.'” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355
U.S. 41, 47 (1957)). While a complaint need not contain
detailed factual allegations, a plaintiff's allegations
must include more than labels and conclusions.
Twombly, 550 U.S. at 555; Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (“Threadbare
recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice.”). The
court must determine whether the complaint contains
“enough facts to state a claim to relief that is
plausible on its face.” Twombly, 550 U.S. at
570. “A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Iqbal, 556 U.S.
at 679. Although the plausibility standard is not equivalent
to a “‘probability requirement,' . . . it
asks for more than a sheer possibility that a defendant has
acted unlawfully.” Iqbal, 556 U.S. at 678
(quoting Twombly, 550 U.S. at 556). “[W]here
the well-pleaded facts do not permit the court to infer more
than the mere possibility of misconduct, the complaint has
alleged-but it has not ‘show[n]'-that the pleader
is entitled to relief.” Iqbal, 556 U.S. at 679
(quoting Fed.R.Civ.P. 8(a)(2)); see also Hill v.
Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding
that the Twombly/Iqbal plausibility standard applies
to dismissals of prisoner cases on initial review under 28
U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i)).
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege the violation of a right secured by the federal
Constitution or laws and must show that the deprivation was
committed by a person acting under color of state law.
West v. Atkins, 487 U.S. 42, 48 (1988); Street
v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir.
1996). Because § 1983 is a method for vindicating
federal rights, not a source of substantive rights itself,
the first step in an action under § 1983 is to identify
the specific constitutional right allegedly infringed.
Albright v. Oliver, 510 U.S. 266, 271 (1994).
allegations implicate the Eighth Amendment's prohibition
against cruel and unusual punishment, the First
Amendment's prohibition against interference with the
practice of one's religion, and, possibly, the First
Amendment's prohibition against retaliation motivated by
Cruel and ...