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Davis v. Santos

United States District Court, S.D. Illinois

January 23, 2015

WILLIE DAVIS, # K-79589, Plaintiff,
v.
VENERIO SANTOS, LOUIS SHICKER, and WARDEN OF CENTRALIA CORRECTIONAL CENTER, Defendants.

MEMORANDUM AND ORDER

PHIL GILBERT, District Judge.

Plaintiff Willie Davis, an inmate who is currently incarcerated at Centralia Correctional Center ("Centralia"), brings this civil rights action pursuant to 42 U.S.C. § 1983 against Centralia's warden[1] (Defendant Warden), Centralia's physician (Defendant Santos), and the Illinois Department of Corrections' ("IDOC") medical director (Defendant Shicker). According to the complaint, Plaintiff has been denied adequate medical care for avascular femoral neurosis, in violation of the Eighth Amendment and Illinois negligence law. He now sues Defendants Santos and Shicker, in their individual capacities, for monetary damages (Doc. 1, p. 5). He sues Defendant Warden, in his official capacity, for injunctive relief that includes a temporary restraining order and/or a preliminary injunction (Doc. 1, pp. 5, 7).

Merits Review Under 28 U.S.C. § 1915A

This case is now before the Court for preliminary review of the complaint pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the Court is required to promptly screen prisoner complaints to filter out nonmeritorious claims. 28 U.S.C. § 1915A(a). The Court must dismiss any portion of the complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief. 28 U.S.C. § 1915A(b). When reviewing the allegations in light of this standard, the Court finds that the complaint survives preliminary review.

The Complaint

According to the complaint, Plaintiff suffers from avascular femoral neurosis, a medical condition that allegedly causes excruciating pain in the hips and can necessitate hip replacement surgery (Doc. 1, p. 5). If left untreated, the condition causes permanent injury and disfigurement. Plaintiff's condition was diagnosed by Dr. Garcia, [2] a relief physician at Centralia, in 2013. At the time of his diagnosis, Plaintiff had suffered from symptomatic pain for more than three years.

Plaintiff transferred to Centralia in August 2009. When he arrived, Defendant Santos discontinued his prescription pain medication, Ultram. In 2010, Plaintiff repeatedly visited Centralia's health care unit ("HCU"), complaining "constantly" of hip pain. He was given Ibuprofen.

In 2011 and 2012, Plaintiff asked Defendant Santos to take an x-ray of his hip(s). Plaintiff explained that the pain was becoming worse. Defendant Santos denied the request.

In 2013, Dr. Garcia finally took an x-ray of Plaintiff's hip. The x-ray resulted in Plaintiff's diagnosis with avascular femoral neurosis. Plaintiff was referred to an outside orthopedist, who recommended a total hip replacement. Defendant Shicker repeatedly denied Plaintiff's requests for hip replacement surgery and a medical transfer to Dixon Correctional Center ("Dixon") (Doc. 1, p. 6). Defendant Santos, as well as Plaintiff's other medical providers, deferred to the judgment of Defendant Shicker on the treatment decisions.

Instead of surgery, Plaintiff was prescribed highly addictive pain medications for two years[3] (Doc. 1, p. 6). The pain medications proved to be ineffective in controlling his pain. Plaintiff is now addicted to them.

During the course of his confinement at Centralia, Plaintiff has lost the ability to walk long distances. His right and left hips have fused together, causing disfigurement. He requires a walker or a cane to walk. This ordeal has caused him to suffer from prolonged, unbearable pain. Plaintiff claims that he needs immediate hip replacement surgery, or he may suffer from permanent paralysis.

Plaintiff sues Defendants Santos and Shicker, in their individual capacities, for violating his Eighth Amendment rights and Illinois negligence law (Doc. 1, p. 5). He seeks an award of monetary damages against them. Plaintiff also sues Defendant Warden, in his official capacity, for a temporary restraining order and preliminary and permanent injunctive relief.

Discussion

Count 1 - Eighth ...


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