Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Amy J. St. Eve Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 679 DATE 2/14/2012

CASE

TITLE

Robert Brown (#2011-0121134) vs. Sgt. King, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis [3] is granted and the initial partial filing fee is waived. 

The court authorizes the trust fund officer at Plaintiff’s place of confinement to make deductions from Plaintiff’s

inmate trust fund account in accordance with this order. The complaint does not state a valid claim upon which

this court can grant relief and is dismissed. The dismissal is without prejudice to Plaintiff submitting an amended

complaint. Plaintiff is given until 3/16/12 to submit an amended complaint. If the court receives no pleadings

within that time, it will dismiss this case. 

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff Robert Brown, a Cook County Jail inmate, has filed a 42 U.S.C. § 1983 complaint against

several jail officers. Plaintiff states that, on March 14, 2011, he was handcuffed for approximately four hours

with his hands behind his back while waiting to be taken to court. The officers refused to recuff him with his

hands in front. After yelling at officers to be recuffed, he was taken back to his cell without appearing in

court. Plaintiff seeks monetary damages as well as an order preventing Cook County Jail to handcuff inmates

behind their backs for extended periods of time. 

Plaintiff seeks to file his complaint in forma pauperis (“IFP”) motion. His application indicates that

he is unable to prepay the $350 filing fee or an initial partial filing fee. The supervisor of inmate trust

accounts at Plaintiff’s place of incarceration is authorized to collect monthly payments from Plaintiff’s trust

fund account in an amount equal to 20% of the preceding month’s income credited to the account. Monthly

collected payments shall be forwarded to the clerk of court each time the amount in Plaintiff’s account

exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States

District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall

clearly identify Plaintiff’s name and the case number of this action. Plaintiff shall remain responsible for this

filing fee obligation, and Cook County Jail officials shall notify transferee authorities of any outstanding

balance in the event Plaintiff is transferred.

Preliminary review of the complaint, see 28 U.S.C. § 1915A, reveals that Plaintiff has not stated a

claim upon which this court may grant relief. In order to state a § 1983 claim in this court, Plaintiff must

state that he suffered an injury amounting to a constitutional violation. To state a constitutional violation of

deliberate indifference, Plaintiff must allege facts indicating that the Defendants knew of and disregarded an

excessive risk of serious harm to Plaintiff. See Farmer v. Brennan, 511 U.S. 825, 837 (1994); Pierson v.

Hartley, 391 F.3d 898, 902 (7th Cir. 2004). The risk must be sufficiently serious or “extreme.” Hudson v.

McMillian, 503 U.S. 1, 8-9 (1992). Plaintiff’s allegation that he was cuffed behind his back for four hours,

which was uncomfortable and even painful, does not state a sufficiently serious condition. See Hernandez v.

Battaglia, 673 F.Supp.2d 673, 677 (N.D. Ill. 2009) (Bucklo, J.) (handcuffed for eight hours behind the back

was not sufficiently serious to give rise to a claim of deliberate indifference); Adams v. Battaglia, No. 07 C

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STATEMENT

4897, 2011 WL 2038722 at *3-4 (N.D. Ill. May 24, 2011) (Coleman, J.) (handcuffing of obese inmate for

five hours with only one handcuff, as opposed to two, which caused damage to left wrist, was not sufficiently

serious to sustain a § 1983 action); see also Key v. McKinney, 176 F.3d 1083, 1086 (8th Cir.1999) (no

constitutional violation existed where a prisoner was restrained in handcuffs for 24 hours, making it difficult

for him to relieve himself). Plaintiff’s allegations, although stating an unfortunate and uncomfortable

situation, do not state a claim rising to the level of a constitutional violation. 

Accordingly, the complaint is dismissed. The court will allow Plaintiff to submit an amended

complaint, in the event that there are facts not alleged that would indicate that Plaintiff has a valid

constitutional claim. If Plaintiff files an amended complaint that again does not state a claim, the dismissal of

such an amended complaint will necessitate the imposition of a strike under 28 U.S.C. § 1915(g). If Plaintiff

accumulates three strikes under § 1915(g), with the exception of a petition for habeas corpus relief, he will be

unable to file a pleadings in federal district and appellate courts without the prepayment of the filing fee,

unless he is in imminent danger of serious bodily harm. Additionally, if he files an amended complaint, he

must submit a judge’s copy and a service copy for each named Defendant. 

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