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Redmond v. Flagg

March 4, 2010

ANTHONY REDMOND, PLAINTIFF,
v.
JULIUS C. FLAGG, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Anthony Redmond, formerly an inmate in the Robinson Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Redmond seeks leave to proceed in forma pauperis, and the Court finds that he is, in fact, indigent. Thus, the motion (Doc. 2) is GRANTED.*fn1

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). Upon careful review of the complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; this action is subject to summary dismissal.

THE COMPLAINT

Redmond states that when he was incarcerated at the Pinckneyville Correctional Center, he had filed a lawsuit against Defendant Julius Flagg and others related to his medical care.*fn2 On April 1, 2009, Redmond was transferred to Robinson Correctional Center, where Flagg was temporarily assigned as warden. Upon his arrival at Robinson, Redmond immediately asked Defendant Welch for a transfer to another facility, as he feared reprisal from Flagg. Welch told him he could accept his housing assignment or, in the alternative, he could refuse the assignment, receive a disciplinary ticket, and risk the loss of good conduct credit. Flagg later stopped by his cell, welcomed him to Robinson, told him to enjoy his stay, and denied his request for a transfer.

Redmond next states that when he arrived at Robinson, he was using crutches due to a curved spine, bad hip, and arthritis. Two weeks elapsed before he was seen by medical personnel, for which he was required to pay the $2.00 co-pay. He presented to Defendant Loftin both a court order and other documentation recommending wheelchair usage for longer distances, due to his condition, but Loftin told him to follow procedures for seeking medical treatment. Redmond had difficulty keeping pace with line movements, so he applied for a slow-walker permit. Redmond then spoke with Flagg about his medical situation, and Flagg told him to send him a letter. Redmond did, and Flagg sent him a response that Redmond would be placed on Loftin's call line.

Defendant Kerr called Redmond into Clinical Services and queried why he was complaining to everyone about everything. He explained his situation, and Kerr reviewed his medical records. Kerr then spoke with Loftin, and ten minutes later Redmond received a wheelchair. Redmond also complained to Kerr about having to report daily to the medical unit for certain reasons, rather than less frequently, but she disregarded that complaint.

On May 7, 2009, Redmond spoke with Defendant Heap, a psychologist. He spoke about his fears and told her that the medication prescribed to alleviate these anxieties did not help. Heap provided him with a list of outside mental health facilities for him to visit following his release.

On May 24, 2009, Redmond was assaulted by Inmate Osborn, who tried to force Redmond to perform oral sex. Although Redmond was in his wheelchair, he fought back by hitting and kicking at Osborn. From this incident, Redmond received a disciplinary ticket for this incident that occurred just two days before his scheduled release. He asserts that ...


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