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Jeffrey R. Roundtree, No. 17256-064 v. Warden Walton

May 1, 2013

JEFFREY R. ROUNDTREE, NO. 17256-064 PLAINTIFF,
v.
WARDEN WALTON, CAPTAIN HOWARD, WENDY ROAL,LT. TOLSON, LT. SIMS, DR. WEBBER, DR. HERSANT, AND DR. PATTERSON, DEFENDANTS.



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

MEMORANDUM AND ORDER GILBERT, District Judge:

After an initial procedural miscue, Plaintiff Jeffrey Ray Roundtree, an inmate in the custody of the U.S. Bureau of Prisons, housed at the U.S. Penitentiary in Marion, Illinois, filed a civil rights complaint pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) (Doc. 9). Plaintiff also filed a memorandum, which is construed as a motion for temporary restraining order and preliminary injunction (Doc. 10). Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint. The Court will simultaneously consider the motion for injunctive relief.

1. The Complaint

Plaintiff claims that the defendant prison officials have been deliberately indifferent to his serious medical needs in violation of the Eighth Amendment when they subject him to random urine tests. Plaintiff explains that he suffers from paruresis, commonly known as a "shy bladder." On July 19, 2012, when Plaintiff was unable to produce a urine sample in the allotted two hours, the "severe mental & physical anguish" caused plaintiff to attempt suicide "due to severe emotional distress from not being able to perform an everyday natural bodily function" (Doc. 9, p. 6). Plaintiff is tested monthly, but he has been denied any sort of accommodation, such as placement in a "dry cell" after a complete search, or use of a catheter. Plaintiff was initially told that without a medical diagnosis, no accommodation would be considered; however, security considerations ultimately trumped a diagnosis of Social Anxiety Disorder or Social Phobia.*fn1

The complaint is brought against eight defendants: Wendy Roal, the former warden; Jeffery Walton, the current warden; chief psychologist Dr. Patterson; psychologist Dr. Webber; psychologist Dr. Hersant; Captain Howard; Lt. Tolson; and Lt. Sims. Plaintiff seeks compensatory damages, a temporary restraining order or preliminary injunction and, ultimately, a permanent injunction (see Doc. 9, p. 7; Doc.10). The motion for temporary restraining order and preliminary injunction is aimed at securing proper treatment and an accommodation.

Based on the allegations of the complaint (see Doc. 9, p. 7), the Court finds it convenient to divide the pro se action into two counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion as to their merit.

Count 1: Against Defendants Warden Walton, Wendy Roal, Captain Howard, Lt. Tolson and Lt. Sims for Deliberate Indifference to Plaintiff's Serious Medical Needs relative to Plaintiff's need for an accommodation, in violation of the Eighth Amendment; and

Count 2: Against Defendants Dr. Patterson, Dr. Webber and Dr. Hersant for Deliberate Indifference to Plaintiff's Serious Medical Needs relative to their failure to provide adequate medical/psychological care, in violation of the Eighth Amendment.

2. The Standard of Review

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 ...


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