United States District Court, S.D. Illinois
JIMMY W. LEACH, Plaintiff,
CHET SHAFFER, REX ROBERTS, and HARTGRAVES Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT U.S. DISTRICT JUDGE
Jimmy W. Leach, an inmate in Franklin County Jail, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. 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
action or claim is frivolous if “it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). An action fails to
state a claim upon which relief can be granted if it does not
plead “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). Conversely, a
complaint is plausible on its face “when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). Although the Court is obligated to
accept factual allegations as true, see Smith v.
Peters, 631 F.3d 418, 419 (7th Cir. 2011), some factual
allegations may be so sketchy or implausible that they fail
to provide sufficient notice of a plaintiff’s claim.
Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009).
Additionally, Courts “should not accept as adequate
abstract recitations of the elements of a cause of action or
conclusory legal statements.” Id. At the same
time, however, the factual allegations of a pro se complaint
are to be liberally construed. See Rodriguez v. Plymouth
Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).
was booked into the Franklin County Jail on March 18, 2016.
(Doc. 1, p. 5). He reported that he was on medication for
post-traumatic stress disorder (“PSTD”) and a
seizure disorder. (Doc. 1, p. 5). However, he was not given
his medication. (Doc. 1, p. 5). On March 19, 2016, Plaintiff
began experiencing flashbacks. (Doc. 1, p. 5). The stress of
the PSTD started triggering seizures as well. (Doc. 1, p. 5).
Despite the fact that Plaintiff was on ten-minute watches, he
suffered three seizures, a mini-stroke, and lay in his own
urine for approximately 48 hours. (Doc. 1, p. 5).
March 21, 2016, Plaintiff was taken to the Franklin County
Emergency Room, and subsequently admitted to Good Samaritan
Hospital in Mt. Vernon. (Doc. 1, p. 5). By that time,
Plaintiff had lapsed into a coma-like state. (Doc. 1, p. 5).
He was hospitalized for one week. (Doc. 1, p. 5).
alleges that he was not given medical attention despite
having seizures and lying in his own urine. (Doc. 1, p. 5).
Defendant Chet Shaffer checked on him three times during that
period and refused to call medical treatment each time. (Doc.
1, p. 5). On April 1, 2016, Defendants Rex Roberts and
Hartgraves told Plaintiff that they deliberately withheld his
medications and that Plaintiff can die for all they care.
(Doc. 1, p. 5).
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into two 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 following claims survive
Count 1 - Defendant Shaffer was deliberately indifferent to
Plaintiff’s serious medical needs when he refused to
secure medical treatment for Plaintiff despite checking on
him three times during a period where Plaintiff was deprived
of his medication and suffering from ...