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Ronald Scott Swiecicki v. Doctor Santos

August 9, 2012

RONALD SCOTT SWIECICKI, PLAINTIFF,
v.
DOCTOR SANTOS, DOCTOR SCHICKER, JANET ROBERTS, GINA FEASEL, WARDEN BRAD ROBERT AND LISA KREBS, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert United States District Judge

MEMORANDUM AND ORDER

Plaintiff, currently incarcerated at Centralia Correctional Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Defendants Santos, Schicker, Roberts and Krebs were deliberately indifferent to his serious need for treatment of a broken arm by, among other things, denying him prescription drugs, delaying surgery, denying post-surgery physical therapy and other appropriate post-surgery treatment, and preventing him from sending his medical records to an outside doctor. Plaintiff also alleges that Defendant Feasel refused to review his grievance on the matter because she said it was late and that Defendant Warden Robert denied his grievance on the matter.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action: Count 1: A claim against Defendant Santos, Schicker, Roberts, Krebs, Feasel and Warden

Robert for deliberate indifference to medical needs in violation of the Eighth Amendment.

Defendants Feasel and Warden Robert are dismissed from Count 1 with prejudice for the following reason:

 a Defendant is generally not liable for the misdeeds of others simply because he knew about them. "A layperson's failure to tell the medical staff how to do its job cannot be called deliberate indifference." Burks v. Raemisch, 555 F.3d 592, 596 (7th Cir. 2009).

Disposition

The following defendants are DISMISSED from this action with prejudice:

Gina Feasel

Warden Brad Robert The following defendants remain in the instant action:

Doctor Santos

Doctor Schicker Janet Roberts, Lisa Krebs

The Clerk of Court shall prepare for Defendants DOCTOR SANTOS, DOCTOR SCHICKER, JANET ROBERTS and LISA KREBS: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the complaint, and this Memorandum and Order to each Defendant's place of employment as identified by Plaintiff. If a Defendant fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service on that Defendant, and the Court will require that Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.

With respect to a Defendant who no longer can be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with the Defendant's current work address, or, if not known, the Defendant's last-known address. This information shall be used only for sending the forms as directed above or for formally effecting service. Any documentation of the address shall be retained only ...


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