Smith v. Dart

803 F.3d 304, 25 Wage & Hour Cas.2d (BNA) 693, 2015 U.S. App. LEXIS 17003, 2015 WL 5656844
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 25, 2015
DocketNo. 14-1169
StatusPublished
Cited by440 cases

This text of 803 F.3d 304 (Smith v. Dart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Dart, 803 F.3d 304, 25 Wage & Hour Cas.2d (BNA) 693, 2015 U.S. App. LEXIS 17003, 2015 WL 5656844 (7th Cir. 2015).

Opinions

BAUER, Circuit Judge.

Plaintiff-appellant, Donald A. Smith, a pretrial detainee at the Cook County Jail, brought this pro se civil rights action under 42 U.S.C. § 1983, claiming that defendant-appellee, Cook County Sheriff Thomas J. Dart (“Dart”), violated his federal rights by paying him insufficient wages and subjecting him to inhumane working and living conditions. The district court dismissed Smith’s work- and wage-related claims on preliminary review under 28 U.S.C. § 1915A. The court later dismissed Smith’s remaining claims without prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Smith filed two post-dismissal motions, each of which the district court treated as a motion for reconsideration, and each of which the district court denied. The court then dismissed Smith’s case with prejudice under Federal Rule of Civil Procedure 41(b). Smith appealed. For the reasons that follow, we affirm in part and reverse in part.

I. BACKGROUND

On July 15, 2013, Smith filed a pro se complaint under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois. Smith named Dart and two other jail officials as defendants in the caption of his complaint.1 The complaint states that Smith, as a pretrial detainee and United States Army veteran, was placed in Division Five and enrolled in a special program that the jail offered to veterans. As a part of the veterans’ program, Smith was given a job in the jail laundry. The program afforded him other benefits as well, including the opportunity to live in a special wing for veterans, apart from the general jail population, and to have his case heard in veterans’ court. Smith claimed that he was paid only $3 a day for his work in the jail laundry and not the required federal minimum wage. He also claimed that he was subjected to inhumane working conditions, alleging that his job in the jail laundry required him to stand in a “hot, smelly room” from five or six o’clock in the morning until one o’clock in the .afternoon. Lastly, Smith claimed that he was subjected to inhumane conditions of confinement. Specifically, he alleged insufficient food portions, the presence of rodents and insects, no mirrors, lack of outdoor recreation, and that he was forced to drink filthy water.

Pursuant to 28 U.S.C. § 1915A, the district court conducted a preliminary review of the complaint. The court summarily dismissed Smith’s work- and wage-related claims. The court held that Smith had “no constitutional right to be paid for his jail job assignment at all, let alone in accordance with minimum wage laws,” and that [308]*308his “allegation that he has to work 7- and 8-hour days in a ‘hot, smelly room’ [was] insufficiently egregious to rise to the level of a constitutional violation.” However, the court determined that Smith had stated colorable conditions of confinement claims.

Dart then moved to dismiss the remainder of Smith’s claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), or alternatively, for a more definite statement under Rule 12(e). In response, Smith submitted two letters, the substance of which we set forth in our discussion below. The district court did not address Smith’s first letter and treated his second letter as a motion to introduce evidence, which it denied. The court then granted Dart’s motion to dismiss as uncontested and dismissed Smith’s complaint without prejudice. In doing so, the court advised Smith of the deficiencies in his original pleading and instructed him to file an amended complaint.

Subsequent to .the district court’s dismissal order, Smith filed a “Motion Clarifying Preivously [sic] Cited Complaint About Conditions At Cook County Jail; Pluss [sic] Reconeideration [sic] of Portion of Same dismissed under The Eigth [sic] Amendment.” This motion included the date on which he was first incarcerated in Division Five (December 12, 2012) and the dates that he worked in the jail laundry (January 15, 2013 to November 18, 2013). The motion also indicated that he was “transfered [sic] against his wishes” out of Division Five (and presumably the veterans’ program) to Division Eleven. The district court construed this filing as a motion for clarification (which it granted) and reconsideration of the dismissal order (which it denied). The court specifically directed Smith, for a second time, to file an amended pleading and granted him additional time to do so.

Smith then submitted another filing, entitled “Amended Motion in Support of Original Complaint.” In this filing, Smith claimed that he was subjected to “the previously mentioned violations of his Constitutional rights” since the date of his incarceration in Division Five. He also set forth case law and referenced newspaper articles and a Department of Justice study to support the allegations he had pleaded in his original complaint. Relevant to his conditions of confinement claims, he alleged that the water at the jail contained radioactive chemicals, “sex[J drugs[,] and lead,” and that corrections officers were fully aware of this. He reiterated that he had been transferred from Division Five to Division Eleven and further stated that he had been housed in Division Eleven for approximately one and a half months and that there had been “very little change for the better due to [the] transfer.” The district court construed this filing as a second motion for reconsideration, which it denied.

Two weeks later, on January 27, 2014, the district court dismissed Smith’s case with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The court explained that, despite warning Smith that failure to amend his complaint would result in summary dismissal, Smith did not submit an amended complaint as instructed. This appeal followed.

II. DISCUSSION

Smith, represented by counsel on appeal, challenges the district court’s dismissal of his work- and wage-related claims under 28 U.S.C. § 1915A, as well as the court’s dismissal of his conditions of confinement claims under Federal Rule of Civil Procedure 12(b)(6). We review de novo both a § 1915A dismissal at the screening stage and a Rule 12(b)(6) dismissal for failure to state a claim. Lager[309]*309strom v. Kingston, 463 F.3d 621, 624 (7th Cir.2006). When reviewing a motion to dismiss, we accept all facts alleged in the complaint as true and draw all reasonable inferences from those facts in favor of the plaintiff. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 563, 127 S.Ct.

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803 F.3d 304, 25 Wage & Hour Cas.2d (BNA) 693, 2015 U.S. App. LEXIS 17003, 2015 WL 5656844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dart-ca7-2015.