Inmate filed pro se 1st amended complaint pursuant to Section 1983 of federal Civil Rights Actg. Court dismissed complaint with prejudice. Plaintiff sufficiently stated a deprivation of his free speech rights to communications between an inmate and an outsider, by prison officials' interference with his mail. The deprivation of a 1st amendment right standing alone is a cognizable injury. Plaintiff sufficient alleged that he engaged in conduct protected by the 1st amendment and that he experienced an adverse action (retaliatory conduct such as placement in administrative segregation indefinitely and the destruction of at least 10 of his written grievances) that would likely deter 1st amendment activity in the future, and that his 1st amendment activity was "at least a motivating factor" in the retaliation. Plaintiff's failure to allege specific dates or duration of his administrative detention rendered his allegations of deprivation of liberty interest insufficient. Plaintiff's failure to describe alleged unsanitary conditions and failure to describe extent or frequency of mice "infestation" or how the pests affected him, and failure to specify frequency of mace sprayings, rendered insufficient his allegations of 8th amendment violations based on conditions of his confinement. (LYTTON and O'BRIEN, concurring.)
Illinois Appellate Court
Civil Court
Prisoners