United States District Court, C.D. Illinois, Springfield Division
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, District Judge.
This cause is before the court for review of the Plaintiff's Amended Complaint.
Plaintiff is civilly detained in the Rushville Treatment and Detention Center pursuant to the Illinois Sexually Violent Persons Commitment Act, 725 ILCS 207/1, et seq. In his initial complaint, the Plaintiff alleged various problems receiving dialysis for his diabetic condition. However, his complaint was repetitive, confusing, and difficult to decipher. In addition, the Plaintiff included claims which were the basis of another lawsuit in the Central District of Illinois alleging the Plaintiff was denied dialysis treatment for five continuous days in March of 2013. See Scott v Smith, Case No. 13-3157, July 11, 2013 Merit Review Opinion.
Therefore, the court dismissed the Plaintiff's complaint, but allowed him additional time to file an amended complaint clarifying his claims. See October 20, 2014 Merit Review Opinion. The Plaintiff has now filed his amended complaint.
The Plaintiff has identified five Defendants including Dialysis Nurse Alice Ore and Security Therapist Aides James Morton, Rose Taylor, Amy Wessel and Wanda Pennock. The Plaintiff says he is suing each Defendant in their individual and official capacities.
Once again, the Plaintiff's amended complaint is a litany of complaints which are not in any particular order and are difficult to follow.
For instance, the Plaintiff says on July 19, 2014, Nurse Alice Ore sent him back to his unit wearing blood soaked clothes in violation of facility protocols.
On August 26, 2014, Nurse Ore and Aide Taylor denied the Plaintiff scheduled dialysis.
On July 23, 2014, the Plaintiff's blood sugar level dramatically dropped, and he was rushed to the Health Care Unit where he was given shots in his stomach. When Nurse Ore was informed of the emergency, she stated she did not care.
On August 6, 2014, the Plaintiff complained to Nurse Ore about her unprofessional comments. She responded by ending his dialysis treatment. Aides Pennock and Taylor were escorting the Plaintiff back to his unit when the Plaintiff complained that he could not breath and asked to return to the Health Care Unit. His request was denied.
Nurse Ore also denied the Plaintiff dialysis treatment on August 6, 2014 and August 9, 2014. The Plaintiff reported the denial to Aides Morton and Wessel, but they threatened to put the ...