Jeremy Jones v. John Doe 1

Summary

The United States District Court for the Southern District of Illinois dismissed Jeremy Jones’s First Amended Complaint under 28 U.S.C. § 1915A. The court held that allegations that a correctional officer failed to conduct required rounds and was likely asleep did not plausibly establish deliberate indifference to a substantial risk of serious harm under the Eighth Amendment. The dismissal was with prejudice, without leave to amend, and counted as a strike under 28 U.S.C. § 1915(g).

Holdings

1. The First Amended Complaint failed to state a claim because it did not plausibly allege that John Doe knew of a strong likelihood that Jones would be attacked by his cellmate or another person.
2. Further amendment was denied because Jones had already unsuccessfully attempted to state the claim twice and any further amendment would be futile.

Questions Presented

1. Whether the First Amended Complaint plausibly alleged that Jones was incarcerated under conditions posing a substantial risk of serious harm.
2. Whether the First Amended Complaint plausibly alleged that Correctional Officer John Doe had actual knowledge of a substantial risk that Jones would be attacked and acted with deliberate indifference.
3. Whether further leave to amend would be futile after Jones's second attempt to state an Eighth Amendment failure-to-protect claim.

Disposition

dismissed