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eBook details

• Title: Mcneil v. Lane
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 24, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Order Plaintiff William McNeil, who is currently incarcerated at the Stateville Correctional Center in Joliet, Illinois, filed
a lawsuit pursuant to 42 U.S.C. § 1983 against Michael P. Lane, the former Director of Correctional Centers in Illinois,
Michael O'Leary, the Warden at Stateville, and Jack Boles, the Superintendent of Cell House B East, where McNeil's cell was
located. McNeil alleged in his complaint that the defendants, by placing him in a cell that was in close proximity to asbestos-covered
pipes, violated his right under the Eighth and Fourteenth Amendments to be free from cruel and unusual punishment. The district
court dismissed McNeil's complaint for failure to state a claim, Fed. R. Civ. P. 12(b)(6), and subsequently denied his motion
for reconsideration. Fed. R. Civ. P. 59(e). McNeil appeals, and we affirm. As an appellate court, we review the grant of a motion to dismiss de novo, Caldwell v. City of Elmwood, 959 F.2d 670, 671
(7th Cir. 1992), viewing all the facts alleged in the complaint, as well as any inferences reasonably drawn from them, in
a light most favorable to the plaintiff. Ross v. Creighton Univ., 957 F.2d 410, 411 (7th Cir. 1992). We will dismiss a complaint
for failure to state a claim only if it appears beyond a doubt "that the plaintiff cannot establish any set of fasts which
would entitle him to the relief requested." Mosley v. Klincar, 947 F.2d 1338, 1339 (7th Cir. 1991). Moreover, we construe
McNeil's complaint liberally, for he proceeds pro se. Hughes v. Rowe, 449 U.S. 5, 9 (1980); Estelle v. Gamble, 429 U.S. 97,
106 (1976).

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