MERIT REVIEW OPINION
SUE E. MYERSCOUGH, District Judge.
This cause is before the Court for a merit review, pursuant to 28 U.S.C. § 1915A, of Plaintiff Charles Buckhanan's claims.
MERIT REVIEW UNDER 28 U.S.C. § 1915(A)
Under 28 U.S.C. § 1915(e)(2) and § 1915A, the Court is required to carefully screen a complaint filed by a plaintiff who seeks to proceed in forma pauperis. The Court must dismiss a complaint, or a portion thereof, if the plaintiff has raised claims that are legally "frivolous or malicious, " that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is immune from such relief. Id . The test for determining if an action is frivolous or without merit is whether the plaintiff can make a rational argument on the law or facts in support of the claim. Neitzke v. Williams , 490 U.S. 319, 325 (1989). A complaint fails to state a claim for relief if the complaint does not allege "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); Ashcroft v. Iqbal , 556 U.S. 662, 678-79 (2009).
In reviewing the complaint, the Court accepts the factual allegations as true and liberally construes them in plaintiff's favor. Turley v. Rednour , 729 F.3d 645, 651 (7th Cir. July 3, 2013). Conclusory statements and labels are insufficient. Fed.R.Civ.P. 8; Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012)(holding that, in order to determine if a complaint states a plausible claim, the court must take non-conclusory, non-speculative facts as true, draw all reasonable inferences in the pleader's favor, and isolate and ignore statements that simply rehash claim elements or offer only legal labels and conclusions). Instead, sufficient facts must be provided to "state a claim for relief that is plausible on its face." Alexander v. United States , 721 F.3d 418, 422 (7th Cir. 2013)(internal quotation omitted).
Buckhanan attempts to state two causes of action in his Complaint. Buckhanan's first cause of action is brought pursuant to 28 U.S.C. § 1983 and is premised upon alleged violations of his Eighth Amendment rights. Specifically, Buckhanan alleges that Defendants Michelle Bell, Felicia Pearson, Steve White, Mary Miller, and Dr. Paul Talbot misdiagnosed his stomach ailment and symptoms as constipation when, in fact, he suffered from an infected gallbladder. Buckhanan alleges that, after a week of pain, suffering, and inappropriate treatments, he was rushed to the hospital where he underwent emergency surgery to remove his gallbladder. Buckhanan avers that, as a result of Defendants' misdiagnosis and incorrect treatments, he has suffered permanent physical and psychological injury.
Buckhanan's second cause of action is also brought pursuant to § 1983. Buckhanan alleges that Wexford maintains a policy and practice of hiring people so incompetent that they routinely violate inmates' constitutional rights. Buckhanan's third claim is based upon state law. Buckhanan claims that Defendant Wexford Health Sources, Inc., "steadily employs incompetent people." The Court interprets Buckhanan's claim against Wexford Health to be a negligent hiring or a negligent supervision claim over which he wants this Court to exercise supplemental jurisdiction. 28 U.S.C. § 1367.
The Eighth Amendment prohibits punishments that are incompatible with "evolving standards of decency that mark the progress of a maturing society." Trop v. Dulles , 356 U.S. 86, 101 (1958). "The Eighth Amendment safeguards the prisoner against a lack of medical care that may result in pain and suffering which no one suggests would serve any penological purpose." Arnett v. Webster , 658 F.3d 742, 750 (7th Cir. 2011)(internal quotations and footnote omitted). "Prison officials violate the Constitution if they are deliberately indifferent to prisoners' serious medical needs." Id . (citing Estelle v. Gamble , 429 U.S. 97, 104 (1976)); Rodriguez v. Plymouth Ambulance Serv. , 577 F.3d 816, 828 (7th Cir. 2009) ("Deliberate indifference to serous medical needs of a prisoner constitutes the unnecessary and wanton infliction of pain forbidden by the Constitution."); Walker v. Benjamin , 293 F.3d 1030, 1036-37 (7th Cir. 2002)(noting that the Eighth Amendment applies to the states through the Fourteenth Amendment).
The deliberate indifference standard requires an inmate to clear a high threshold in order to maintain a claim for cruel and unusual punishment under the Eighth Amendment. Dunigan ex rel. Nyman v. Winnebago County , 165 F.3d 587, 590 (7th Cir. 1999). "In order to prevail on a deliberate indifference claim, a plaintiff must show (1) that his condition was objectively, sufficiently serious' and (2) that the prison officials acted with a sufficiently culpable state of mind." Lee v. Young , 533 F.3d 505, 509 (7th Cir. 2008)(quoting Greeno v. Daley , 414 F.3d 645, 652 (7th Cir. 2005)); Duckworth v. Ahmad , 532 F.3d 675, 679 (7th Cir. 2008)(same).
"A medical condition is serious if it has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would perceive the need for a doctor's attention.'" Lee , 533 F.3d at 509 (quoting Greeno, 414 F.3d at 653). "With respect to the culpable state of mind, negligence or even gross negligence is not enough; the conduct must be reckless in the criminal sense." Id .; Farmer v. Brennan , 511 U.S. 825, 836-37 (1994)("We hold... that a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate ...