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Breckenridge v. Santos

United States District Court, S.D. Illinois

September 29, 2016

JEREMY A. BRECKENRIDGE, Plaintiff,
v.
BENERIO SANTOS, and LISA KREBS Defendants.

          MEMORANDUM AND ORDER

          MICHAEL J. REAGAN U.S. District Judge.

         Plaintiff 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 such relief.

         An 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. 2009).

         Upon 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 summary dismissal.

         The Complaint

         Plaintiff 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).

         Plaintiff 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).

         Discussion

         Based 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 threshold review:

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 ...

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