United States District Court, S.D. Illinois
JONATHAN G. FORD, # S-02977, Plaintiff,
WEXFORD HEALTH SOURCES, INC., and DR. DAVID, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
Plaintiff, currently incarcerated at Sheridan Correctional Center ("Sheridan"), has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. His claims arose while he was confined at the Hardin County Work Camp ("Hardin") and at Shawnee Correctional Center ("Shawnee"). Plaintiff claims that Defendant David, a physician, was deliberately indifferent to his serious medical conditions on two occasions, and that he still has not received treatment.
Plaintiff's first injury occurred in June or August 2012,  while he was playing softball (Doc. 1, p. 5). His nose was fractured when he was struck in the face with a softball. Plaintiff was transported from Hardin to Shawnee and was given an x-ray. The x-ray results showed Plaintiff's nose was not "displaced, " but it was visibly crooked. Defendant David (the Shawnee physician and medical director employed by Defendant Wexford Health Sources) saw that Plaintiff's nose was no longer straight, and knew that Plaintiff was having trouble breathing because of the injury (Doc. 1-1, pp. 1-2). However, he refused to allow Plaintiff to have his nose fixed, because of the results of the x-ray report. Id. To this day, Plaintiff still cannot breathe through his nose, and it is "beyond deformed." Other than Motrin, no treatment was ever given for the nose injury, and Defendant Wexford Health Sources will not treat Plaintiff for this injury.
In August 2013, in a separate incident at Hardin, Plaintiff fell while playing basketball and broke his left clavicle (Doc. 1, p. 5). He was again taken to Shawnee for treatment. Defendant David ordered the nursing staff to give Plaintiff a sling and Tylenol, and send him back to Hardin (Doc. 1-1, p. 3). He was given a used "figure 8" sling. Three days later he was taken for x-rays. Id. He was given more Tylenol, which did not relieve his severe pain. He did not see a doctor for eight days. Finally, he was examined by Defendant David, who said he could not do anything for Plaintiff (Doc. 1, p. 5).
After complaining, Plaintiff eventually was sent for an orthopedic consultation on October 22, 2013 (Doc. 1-1, pp. 3-4). This specialist told Plaintiff that his clavicle was not healing properly and the fractured area was overlapped by three centimeters. Id. He also recommended surgery (Doc. 1, p. 5). However, Plaintiff was never taken back to the specialist for a recommended follow-up, nor was he given further treatment by Defendant David (Doc. 1-1, p. 4). Plaintiff was never given the surgery to repair his clavicle. As a result, his left arm is impaired and he continues to suffer pain from the injury. Additionally, he caught scabies from the used sling.
In addition to the constitutional claims, Plaintiff asserts claims for negligence, malpractice, and intentional infliction of emotional distress. He seeks compensatory and punitive damages, as well as an order requiring Defendants to treat both conditions (Doc. 1, p. 6).
Merits Review Pursuant to 28 U.S.C. § 1915A
Under § 1915A, the Court is required to conduct a prompt threshold review of the complaint, and to dismiss any claims that are frivolous, malicious, fail to state a claim on which relief may be granted, or seek monetary relief from an immune defendant.
Based on the allegations of the complaint, the Court finds it convenient to divide the pro se action into the following 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: Eighth Amendment deliberate indifference claim against Defendant David, for failing to treat or authorize treatment of Plaintiff's broken nose;
Count 2: Eighth Amendment deliberate indifference claim against Defendant Wexford Medical Sources, for failing to provide treatment for Plaintiff's broken nose;
Count 3: Eighth Amendment deliberate indifference claim against Defendant David, for failing to treat or authorize treatment of Plaintiff's broken clavicle;
Count 4: Eighth Amendment deliberate indifference claim against Defendant Wexford Medical Sources, for failing to provide treatment for Plaintiff's broken clavicle;
Count 5: Malpractice/negligence claim against Defendant David for failure to give proper treatment for Plaintiff's broken nose and fractured clavicle;
Count 6: Intentional infliction of emotional distress claim against Defendant David.
Plaintiff's constitutional claims against Defendant David in Counts 1 and 3 shall proceed for further review. Likewise, at this preliminary stage, the claim in Count 2 shall proceed against Defendant Wexford Medical Sources. However, Counts ...