United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Warren Morris, an inmate who is currently incarcerated at
Pinckneyville Correctional Center
(“Pinckneyville”), brings this civil rights
action pro se pursuant to 42 U.S.C. § 1983
(Doc. 1). In his complaint, Plaintiff claims that
Pinckneyville officials denied him adequate medical care for
a right hand fracture that he sustained on or around March
18, 2016 (Doc. 1, p. 5). Treatment for the injury was delayed
unnecessarily. Consequently, Plaintiff's hand did not
heal properly. He now names Jacqueline Lashbrook (warden),
Betsey Spiller (assistant warden), Christine Brown (health
care unit administrator), Michael Scott (doctor), and
Lieutenant Walls in connection with several Eighth Amendment
claims. Plaintiff seeks monetary damages (id. at 6).
Review Under 28 U.S.C. § 1915A
case is now before the Court for a preliminary review of the
complaint pursuant to 28 U.S.C. § 1915A. Under §
1915A, the Court is required to promptly screen prisoner
complaints to filter out nonmeritorious claims. 28 U.S.C.
§ 1915A(a). The Court is required to 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).
allegedly fractured a bone in his right hand on or around
March 18, 2016 (Doc. 1, p. 5). X-rays revealed a comminuted
facture of the third metacarpal. Doctor Scott, a prison
physician, examined Plaintiff's hand and decided to refer
him to an orthopedist for further evaluation and treatment
Plaintiff's examination, Lieutenant Walls placed him in
handcuffs and escorted him to segregation. Prison officials
ignored Plaintiff's injury for the next week. During this
time, Plaintiff was not taken to see an orthopedist, he was
not seen by the prison's medical staff, and he was not
given any pain medication (id.).
around March 28, 2016, Plaintiff spoke with Nurse Lottie and
requested treatment. He met with Doctor Scott the following
day. At the appointment, Doctor Scott informed Plaintiff that
his request for a referral to an outside specialist was
approved six days earlier on March 23, 2016. At the
appointment, the doctor prescribed Plaintiff tramadol (100
mg) for pain (id.).
the allegations are not altogether clear, the complaint
suggests that Plaintiff was eventually seen by an orthopedist
on April 5, 2016. Due to the delay in treatment, however, his
fracture healed improperly. Plaintiff also suffered from pain
that was unnecessarily prolonged by the delay (id.).
names five Pinckneyville officials in connection with claims
of cruel and unusual punishment under the Eighth Amendment.
His claim against Warden Lashbrook arises from a policy,
custom, or widespread practice of denying all “medical
writ[s], court writ[s], or transfers, ” as well as the
warden's denial of an emergency grievance seeking
treatment (id. at 1; Doc. 1-1, pp. 27-28).
Plaintiff's claim against Assistant Warden Spiller and
Administrator Brown arise from their supervisory roles over
the HCU and individuals who work there (Doc. 1, p. 2). He
names Doctor Scott for delaying necessary treatment for his
fractured hand and associated pain (id. at 5).
Finally, Plaintiff claims that Lieutenant Walls subjected him
to cruel and unusual punishment when requiring him to wear
handcuffs with a fractured metacarpal (id.).
Plaintiff seeks monetary relief against the defendants
(id. at 6).
facilitate the orderly management of future proceedings in
this case, and in accordance with the objectives of Federal
Rules of Civil Procedure 8(e) and 10(b), the Court deems it
appropriate to organize the claims in Plaintiff's pro
se complaint into the following two counts:
Count 1: Defendants exhibited deliberate indifference to
Plaintiff's serious medical needs when they delayed
treatment for his fractured right third metacarpal on or
around March 18, 2016.
Count 2: Defendant Walls engaged in the unauthorized use of
force when requiring Plaintiff to wear handcuffs with a
broken right ...