United States District Court, S.D. Illinois
JEREMY A. BRECKENRIDGE, Plaintiff,
BENERIO SANTOS, and LISA KREBS Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. District Judge.
Jeremy Breckenridge, an inmate in Centralia Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff seeks damages. 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). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). 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). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
Complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; portions of this action are subject to
has a documented allergy to Cipro. (Doc. 1, p. 5). On
December 29, 2015, he was prescribed Bactrim for a urinary
tract infection. (Doc. 1, p. 5). Plaintiff alleges that
Bactrim is in the same class of drugs as Cipro. (Doc. 1, p.
Plaintiff began experiencing symptoms similar to those he had
suffered on Cipro; his skin flushed red, his eyes and lips
swelled, and he experienced a pins and needles sensation all
over his body. (Doc. 1, p. 5). Plaintiff was given a pass to
health care immediately. (Doc. 1, p. 5). When he arrived
there, he told Santos that these were the same symptoms he
had experienced with Cipro, and that he had been admitted to
a burn unit with Steven Johnson syndrome on that occasion.
(Doc. 1, p. 5). Santos gave him Benadryl and sent him back to
his cell. (Doc. 1, p. 5).
arrived back on his cell block for count, which generally
takes 30 minutes to complete. (Doc. 1, p. 5-6). During count
his symptoms worsened. (Doc. 1, p. 5). He turned a darker
shade of red, the swelling increased, and he starting
experiencing shaking and trembling. (Doc. 1, p. 6). Plaintiff
could no longer walk or stand, so his cellmate ran to get a
guard. (Doc. 1, p. 6). The guard called health care
immediately and Plaintiff was escorted to the health care
unit in a wheelchair. (Doc. 1, p. 6). Plaintiff was taken to
St. Mary's hospital. (Doc. 1, p. 6). St. Mary's
diagnosed Plaintiff with Steven Johnson syndrome. (Doc. 1, p.
6). Plaintiff stayed in the hospital for 4 ½ days.
(Doc. 1, p. 7). His skin blistered and peeled off. (Doc. 1,
p. 7). He continued to experience pain and tremors. (Doc. 1,
p. 7). Plaintiff is now more susceptible to rashes and
alleges that his kidneys were damaged. (Doc. 1, p. 7).
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 claim survives
Count 1 -Santos and Krebs were deliberately indifferent to
Plaintiff's Steven Johnson syndrome where Santos failed
to take into account Plaintiff's medical history when
prescribing Bactrim and failed to consider Plaintiff's
past history of Steven Johnson syndrome when he ...