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Parker v. Kreke

United States District Court, Seventh Circuit

December 11, 2013

DENNIS K. PARKER, No. B86720, Plaintiff,
v.
MIKE KREKE, JANE DOE A, JANE DOE B, JOHN DOE A, JOHN DOE B, and JOHN DOE C, Defendants.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

Plaintiff Dennis K. Parker, an inmate in Western Illinois Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983, based events while Plaintiff was housed at the Clinton County Jail as a pretrial detainee/parole violator.

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 may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.

The Complaint

According to the complaint, in November 2011 Plaintiff Parker was taken into custody as a pretrial detainee/parole violator and housed at the Clinton County Jail. Upon arrival, Plaintiff was exhibiting obvious injuries to his head and face, he was in pain, suffering impaired vision, and experiencing opioid withdrawal. Plaintiff sought medical and mental health from Booking Officer John Doe A, who told Plaintiff that he would just have to "tough it out."

The next day, Plaintiff's condition was worsening. Despite witnessing Plaintiff vomit, Officer Jane Doe A declined Plaintiff's request for medical and mental health treatment. Plaintiff's condition continued to decline; he was hallucinating and there was blood in this vomit. Sergeant Jane Doe B told Plaintiff that there was nothing that could be done and warned him to stop "hassling" her staff.

On his third day in jail, Plaintiff attempted suicide by strangulation. Although Officer John Doe B had Plaintiff "stripped-out" and moved to a different cell, Plaintiff's requests for medical and mental health treatment apparently went unanswered.

Plaintiff fared no better on the fourth day. Officer John Doe C denied Plaintiff medical and mental health treatment. John Doe C explained that Sheriff Kreke was aware of the situation but did not feel Plaintiff needed medical care. Plaintiff subsequently attempted suicide a second time, by diving head-first from the top bunk. Plaintiff lacerated his head and was knocked unconscious. Plaintiff was taken to the hospital, but upon his return to the Jail he was told that Sheriff Kreke had warned that if he caused any more trouble he would be "hog-tied" to a bunk.

Plaintiff attempted suicide a third time, by diving head-first from a desk. Plaintiff suffered another laceration, and he injured his back. He was again treated in the emergency room. While there, Plaintiff disarmed jail employees and shot himself in the head, sustaining a laceration.

Based on the allegations in the complaint, the Court finds it convenient to frame the pro se action as ...


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