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.

Carl D. Hicks, Sr. (#2009-1028271 v. Linda Young

November 9, 2011

CARL D. HICKS, SR. (#2009-1028271), PLAINTIFF,
v.
LINDA YOUNG, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Amy J. ST Eve, District Court Judge:

MEMORANDUM OPINION AND ORDER

Plaintiff, currently a detainee in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Defendants, the warden and two health care providers at the Stateville Correctional Center, violated Plaintiff's constitutional rights by acting with deliberate indifference to his serious medical needs. More specifically, Plaintiff alleges that he did not receive proper care and treatment after he developed scabies. This matter is before the Court for a ruling on Defendants' motions to dismiss the second amended complaint for failure to state a claim. For the reasons stated in this order, the motions are granted.

LEGAL STANDARD

It is well established that pro se complaints are to be liberally construed. Kaba v. Stepp, 458 F.3d 678, 681, 687 (7th Cir. 2006). Pro se submissions are held to a less stringent standard than formal pleadings drafted by lawyers. Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009). Rule 8(a)(2) of the Federal Rules of Civil Procedure requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to " 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.' " Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)); Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663, 667 (7th Cir. 2008).

To satisfy the notice pleading requirements of Fed. R. Civ. P. 8(a)(2), a plaintiff must only state his basic legal claim and provide "some indication . . . of time and place." Thompson v. Washington, 362 F.3d 969, 971 (7th Cir. 2004). In addition, when considering whether to dismiss a complaint for failure to state a claim upon which relief can be granted, the Court assumes all factual allegations in the complaint to be true, viewing all facts--as well as any inferences reasonably drawn therefrom--in the light most favorable to Plaintiff. Bell Atlantic Corp., 550 U.S. at 563 (citing Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002)); Parish v. City of Elkhart, 614 F.3d 677, 679 (7th Cir. 2010). A well-pleaded complaint may proceed even if it appears "that actual proof of those facts is improbable, and that a recovery is very remote and unlikely." Bell Atlantic Corp., 550 U.S. at 556.

Nevertheless, the factual allegations in the complaint must be enough to raise a right to relief above the speculative level. Id. at 555. While a complaint challenged by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. See Bell Atlantic Corp., 550 U.S. at 555 (citations omitted). The Court "need not accept as true legal conclusions, or threadbare recitals of the elements of a cause of action, supported by mere conclusory statements." Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009). "The complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 1949 (2009)). Furthermore, a plaintiff can plead himself or herself out of court by pleading facts that undermine the allegations set forth in the complaint. See, e.g., Whitlock v. Brown, 596 F.3d 406, 412 (7th Cir. 2010) (citations omitted) ("A judicial admission trumps evidence. This is the basis of the principle that a plaintiff can plead himself out of Court.").

FACTS

Plaintiff alleges the following facts, accepted as true for purposes of the motions to dismiss:

Plaintiff, currently a detainee in the custody of the Cook County Department of Corrections, was an Illinois state prisoner at the time of the events giving rise to this lawsuit. Although Plaintiff was confined at the Stateville Correctional Center, a state prison, at all times relevant to this action, Plaintiff maintains that he was a pretrial detainee when the events occurred. Defendant Terry McCann was Stateville's warden during the relevant time period. Defendant Latonya Williams is employed by the facility as a physician's assistant.*fn1

On or about July 14, 2008, Plaintiff developed symptoms of "nonstop" itching while housed in Stateville's Northern Reception Center for two weeks. Plaintiff immediately sought medical care, but two unnamed medical technicians refused him access to the prison's health care unit. Plaintiff wrote letters to the health care unit demanding medical attention, but received no response.

After suffering for six days, Plaintiff filed an emergency grievance with Warden McCann. Although Plaintiff made McCann aware of his suffering, the warden refused to process the grievance as an emergency matter, directing Plaintiff instead to follow normal grievance procedures. The delay in receiving medical care prolonged Plaintiff's discomfort and allowed his symptoms to exacerbate.

On July 24, 2008, Plaintiff told a correctional sergeant about his problems obtaining medical treatment. The sergeant escorted Plaintiff to the health care unit and ordered a certified medical technician [hereinafter, "CMT"] to examine him. Although the CMT did not have the expertise to render a diagnosis as to why Plaintiff's skin was inflamed, he did provide him with three kinds of salves: A&D ointment, hydrocortisone cream, and Tolnaftate fungal cream. The ointments, however, were ineffective.

Plaintiff continued his "campaign" of writing letters to the health care unit seeking medical treatment.

On August 14, 2008, Plaintiff was finally seen by Defendant Hammond after he filed a non-emergency grievance with his counselor. During the consultation, Plaintiff described how his skin condition would erupt in one part of his body, only to abate and then reappear in a different area of his body, causing itchy bumps to appear wherever the rash would occur.

Hammond directed Plaintiff to show him where he was currently experiencing a flare-up. When Plaintiff advised Hammond that the affected area was near his groin, Hammond became hostile and insulting, allegedly telling Plaintiff that he "must be gay, because only a gay man would ask another man to look at his privates, 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.