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Raine v. Randle

November 15, 2010

CHRISTOPHER M. RAINE, PLAINTIFF,
v.
MICHAEL P. RANDLE, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Christopher Raine, formerly an inmate in the Big Muddy River Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. With his complaint, Raine filed a motion to proceed in forma pauperis (Doc. 2). Upon review of Raine's affidavit, the Court concludes that he is unable to pay any portion of the filing fee. Accordingly, his motion to proceed in forma pauperis is GRANTED.*fn1

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915(e)(2), which provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that --

(A) the allegation of poverty is untrue; or

(B) the action or appeal --

(i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or

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

28 U.S.C. § 1915(e)(2). 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, 550 U.S. 544, 570 (2007). 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.

THE COMPLAINT

On March 9, 2010, Raine turned himself in to Chicago police for parole violation, and he was transferred that same day to Stateville Correctional Center. At the time, Raine was very sick: he could not walk without assistance, nor use his hands, or turn his head, and he had a fever. At Stateville he was taken to the doctor, who took his temperature and then placed him in isolation. Raine was also examined by the psychologist so that he could receive the medication prescribed to him by a private psychologist. Raine was given pain medication as well as Prozac and Lithium, but he advised the medical staff that they had provided him with the wrong combination of medication.

After eight days at Stateville, Raine was transferred to Big Muddy River via Logan. He was still sick, requiring the assistance of two officers to get on the transfer bus. Raine told the officers that he was sick and needed to see a doctor; they told him he would see a doctor when he got to Big Muddy River. Upon arrival there, Raine once again asked to see a doctor. He was told he would first have to be processed for his ID badge, and then an officer helped him carry a mattress and bedding to his cell. About 10pm that evening, Raine finally saw a nurse. She told him there was nothing she could do for him regarding any of his medications, as there was no doctor on duty. She told him she would put him on the doctor's call list, but at least two days elapsed without any medical attention.

On or about March 20, Raine could not stand up, and he fell out of his bed. He was taken to the medical unit on a stretcher, where he was given pain medication to last him three days. For over three weeks Raine experienced extreme pain and was unable to walk to the dietary unit for many of his meals, yet he was not seen by any medical personnel. Eventually Raine saw a physician's assistant, who ordered some more pain medication and some blood work. On April 12, Raine consulted with a psychiatrist via ...


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