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Allen v. Feinerman

January 14, 2008

ANTHONY ALLEN, PLAINTIFF,
v.
ADRIAN FEINERMAN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the amended complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; portions of this action are subject to summary dismissal.

In his amended complaint (Doc. 9), Plaintiff states that he injured his leg while playing basketball, causing extensive damage to his Achilles tendon. Initially he was prescribed Motrin, but that was insufficient. He continued to experience intense pain in his severely swollen ankle when he walked; after some complaining, an x-ray was taken that "came back negative." Over several months, he filed voluminous grievances and complaints requesting medical treatment. He alleges that Defendants Feinerman, Grubman, Platt, and Krieg each denied him medical treatment, even after he began experiencing pain in his knee and hip. Plaintiff further alleges that neither Defendant Hulick or Walker took action to ensure that he received proper treatment.

A deliberate indifference claim requires both an objectively serious risk of harm and a subjectively culpable state of mind. Farmer v. Brennan, 511 U.S. 825, 834 (1994); Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005). A deliberate indifference claim premised upon inadequate medical treatment requires, to satisfy the objective element, a medical condition "that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would perceive the need for a doctor's attention." Greeno, 414 F.3d at 653. The subjective component of a deliberate indifference claim requires that the prison official knew of "a substantial risk of harm to the inmate and disregarded the risk." Id.; Farmer, 511 U.S. at 834. Mere medical malpractice or a disagreement with a doctor's medical judgment is not deliberate indifference. Estelle v. Gamble, 429 U.S. 97, 107 (1976); Greeno, 414 F.3d at 653; Estate of Cole by Pardue v. Fromm, 94 F.3d 254, 261 (7th Cir. 1996). Still, a plaintiff's receipt of some medical care does not automatically defeat a claim of deliberate indifference if a fact finder could infer the treatment was "so blatantly inappropriate as to evidence intentional mistreatment likely to seriously aggravate" a medical condition. Snipes v. DeTella, 95 F.3d 586, 592 (7th Cir. 1996) (citation omitted).

Edwards v. Snyder, 478 F.3d 827, 830-31 (7th Cir. 2007).

Based on the allegations in the complaint, the Court is unable to dismiss Plaintiff's claims against Feinerman, Platt, Krieg, Grubman, Hulick and Walker at this time. However, he makes no allegations against Defendant Gladson; she is simply listed in caption as a defendant. Merely invoking the name of a potential defendant is not sufficient to state a claim against that individual. See Collins v. Kibort,143 F.3d 331, 334 (7th Cir. 1998) ("A plaintiff cannot state a claim against a defendant by including the defendant's name in the caption."). Therefore, Gladson will be dismissed from this action with prejudice.

OTHER MATTERS

In his original complaint, Plaintiff named two unknown parties as defendants in this action. His amended complaint does not include them, although they remain listed as parties in the docket. Accordingly, these Unknown Parties will be dismissed from this action with prejudice.

Finally, pending is a motion for leave to amend the complaint (Doc. 7). Subsequent to filing that motion, Plaintiff filed his amended ...


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