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.

Stewart v. Fienerman

September 22, 2008

OTIS H. STEWART, PLAINTIFF,
v.
DR. ADRIAN FIENERMAN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

Plaintiff, an inmate at the Western Illinois Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks damages for allegedly being denied adequate medical attention and for allegedly being deprived of his personal property. This case is now before the Court for a preliminary review of the 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). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007).

Also before the Court is Plaintiff's motion for appointment of counsel (Doc. 3).

THE COMPLAINT

Briefly, Plaintiff alleges that, while confined at the Menard Correctional Center (Menard), he injured his knee after he jumped from the top bunk in his cell. Plaintiff alleges that Defendants Fienerman and Irwin have denied him adequate medical care for his knee injury. Although Plaintiff alleges that he has received some care for his injury (e.g. he was briefly housed in the medical unit, briefly given the use of a wheelchair, and provided some pain medication), Plaintiff alleges that he has torn ligaments and cartilage damage in the knee and that the Defendants have not provided constitutionally sufficient care for the nature and extent of his injury.

While Plaintiff was confined in the medical unit with his knee injury, the personal property in his cell was suppose to be secured and inventoried. Plaintiff alleges that Defendants Dilday, Kloath, and Neff failed to secure and inventory his personal property and, ...


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.