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Bobby Wells, #A-81775 v. Michael P. Randale

September 19, 2011

BOBBY WELLS, #A-81775, PLAINTIFF,
v.
MICHAEL P. RANDALE, DONALD GAETZ, ASSISTANT WARDEN SPILLER, LT. FERRELL, SGT. DUNN, C/O DEATHROW, CMT BRAWN, AND TERRY L. MCCANN,
DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff Bobby Wells, an inmate currently at the Stateville Correctional Center (Stateville), brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. During the time period relevant to his claims, Plaintiff has been housed at both Stateville and Menard Correctional Center (Menard).

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides, in pertinent part:

(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, 550 U.S. 544, 570 (2007). Upon careful review of the complaint and supporting exhibits, the Court finds that some, but not all, of Plaintiff's claims should be dismissed at this stage of the litigation.

FACTS ALLEGED IN COMPLAINT

On December 18, 2007, Plaintiff underwent hip replacement surgery at the University of Illinois Chicago (UIC) Hospital and remained there until he was transferred to the Stateville Healthcare Unit (HCU) on December 23, 2007. On December 24, 2007, Plaintiff was informed that he had been placed on level "E" status*fn1 upon his return to Stateville for attempting to escape from the hospital following his surgery. The Stateville warden, Defendant McCann, placed Plaintiff on level "E" status without affording him an opportunity to defend himself against the charge of attempted escape. Rather, the level "E" status was based upon Plaintiff's hospital roommate's statement that Plaintiff removed a screw from his crutches for the purpose of using it as a weapon to escape. Plaintiff contends that any attempt to escape would have been impossible because he was under heavy anesthetic during his recovery.

While Plaintiff was confined at Stateville, he received a medical permit on April 29, 2008, for a low gallery/low bunk and slow walk for a period of one year. On September 30, 2009, Plaintiff received a six month renewal of his medical permit for a low bunk, low gallery, and front cuffing. Plaintiff was transferred from Stateville to the Menard HCU on December 29, 2009.*fn2 Upon arrival, he was interviewed by Defendant Brawn. Plaintiff informed Defendant Brawn of his prosthetic hip replacement and his medical permit issued by Stateville for housing on a low gallery and low bunk because of the pain caused by climbing stairs. Defendant Brawn informed Plaintiff that his Stateville medical permit was not being honored at Menard and that he would have to see the medical director before being assigned a low gallery and low bunk. Plaintiff then was placed in five gallery and assigned a high bunk. He claims that these assignments caused him severe pain and to develop a limp.

On January 7, 2010, the Menard medical director, Dr. Fahim, issued Plaintiff a one-year permit for low gallery (B), low bunk, and double cuffing behind the back. Plaintiff gave the permit to the five gallery officer, Defendant Deathrow, on January 15th, and Defendant Deathrow took it to the cell house sergeant, Defendant Dunn. When Plaintiff inquired about being moved to a low gallery/low bunk cell assignment on January 22nd, Defendant Ferrell, the cell house lieutenant, told Plaintiff that Defendant Spiller, the assistant warden, was not honoring the permit because level "E" status prisoners are assigned only to five and six galleries.

Plaintiff placed sick call requests on January 20 and 27, 2010, because of the hip pain caused by climbing up and down the stairs. On January 29th, Dr. Fahim prescribed pain medication after informing Plaintiff that the medical permit ...


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