Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Armstrong v. Aldridge

April 23, 2008

JAMES ARMSTRONG, PLAINTIFF,
v.
STEVE ALDRIDGE, DEFENDANT.



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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Tamms Correctional Center (Tamms), filed this action in state court on December 19, 2007, seeking damages for deprivations of his federal constitutional rights pursuant to 42 U.S.C. § 1983 for deprivations of his state constitutional rights and for medical malpractice. Defendant Aldridge removed the action to this Court (Doc. 2). Pretrial motions have been referred to United States Magistrate Judge Donald G. Wilkerson pursuant to Local Rule of the United States District Court for the Southern District of Illinois 72.1(a). See FED. R. CIV. P. 72.

This case now is before the Court for review of the complaint pursuant to 28 U.S.C. § 1915A. See Rowe v. Shake, 196 F.3d 778, 781 (7th Cir. 1999) (court's power to dismiss a case sua sponte "at any time" for failure to state a claim extends to all suits, brought by prisoners and non-prisoners alike, paid and unpaid).

THE COMPLAINT

Plaintiff alleges that on September 5, 2005, he was treated by Defendant for "ongoing gum and tooth aches coupled with swelling." Specifically, he complained about his "upper left, second from the rear" tooth. He claims that Defendant first pulled the wrong tooth but got the right tooth on the second try. For this he seeks damages.

Plaintiff did file a grievance against Defendant which was denied.

Plaintiff further alleges that he later sought, but was denied, treatment for his dental problems. Specifically, he says he was denied treatment on January 3 and January 10, 2007 and later on November 26, 2007. His story is that Defendant denied him treatment despite the presence of "large red blister and swollen gums" because Plaintiff had filed his grievance.

DISCUSSION

Title 28 U.S.C. § 1915A 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.