United States District Court, S.D. Illinois
BILLY J. FINNEY, Plaintiff,
ALFONSO C. DAVID, WEXFORD HEALTH SOURCES, INC., BLAKE WOODS, GURPREET SINGH BAMBRA, JEFFREY DENISON, LORA LECRANE, CAROLL AQULAR, DEBBIE PERKINS, and DORSEY MCGEE, Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. District Judge
Billy Finney, an inmate in Shawnee Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff requests
declarative relief and $10, 000, 000 in damages. (Doc. 1, p.
17). This case is now before the Court for a preliminary
review of the Complaint pursuant to 28 U.S.C. § 1915A,
(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
began feeling ill on March 12, 2016. (Doc. 1, p. 7). He
experienced chest pains, shortness of breath, headaches, and
night sweats. (Doc. 1, p. 7). He also had a lump or knot on
his scalp, near the back of his head. (Doc. 1, p. 7).
Plaintiff met with L.P.N. McGee, who checked vital signs and
examined Plaintiff's lungs. (Doc. 1, p. 7). McGee asked
N.P. Woods for a second opinion. (Doc. 1, p. 7). Woods
scheduled x-rays for March 15, 2016, and gave Plaintiff a
pain reliever. (Doc. 1, p. 7). Plaintiff's x-ray was
ultimately cancelled and rescheduled for March 16, 2016.
(Doc. 1, p. 7).
Plaintiff began feeling worse on March 15, 2016. (Doc. 1, p.
7). Plaintiff's symptoms included fever, sweat, headache,
paleness, and excruciating pain. (Doc. 1, p. 7). He also
alleges that the knot on his head was bigger. (Doc. 1, p. 7).
Plaintiff was admitted to the health care unit. (Doc. 1, p.
7). Plaintiff's x-ray showed a large mass in his right
lung. (Doc. 1, p. 7). Dr. David spoke to Plaintiff about the
mass, but when Plaintiff inquired about the lump on his head,
David told Plaintiff that the lump was nothing more than
fatty tissue and needed no medical attention. (Doc. 1, p. 7).
David repeated this assertion two weeks later when Plaintiff
saw him for tuberculosis testing. (Doc. 1, p. 8). Plaintiff
requested that David at least drain the lump, but David
refused. (Doc. 1, p. 8).
continued to experience headaches and chest pains. (Doc. 1,
p. 8). David referred him to Dr. Gurpreet Singh Bambra, a
lung specialist, at the Carbondale Hospital. (Doc. 1, p. 8).
Bambra ordered PT scans and a biopsy. (Doc. 1, p. 8).
Plaintiff pointed out the lump on the back of his head to
Bambra; Bambra stated that a CT scan needed to be performed
on the lump, but that he lacked David's approval to do
so. (Doc. 1, p. 8). Bambra ultimately ordered a biopsy of
Plaintiff's lungs. (Doc. 1, p. 8). When Plaintiff
returned to the hospital for a biopsy, he once again asked
about the lump on his head, but Bambra told him he still
needed approval from Shawnee before he could do anything
about the lump. (Doc. 1, p. 9).
saw David again at Shawnee and confronted him with
Bambra's assessment that the lump was filled with fluid
and a CT scan needed to be done. (Doc. 1, p. 9). R.N. Aqular
was present at this meeting. (Doc. 1, p. 9). Once again David
stated that the lump was nothing more than fatty tissue, and
reiterated his intention not to treat it. (Doc. 1, p. 9).
was eventually diagnosed with Blastomycosis, a disease where
fungus grows in the lungs. (Doc. 1, p. 9). After receiving a
diagnosis, Plaintiff once again brought up the lump on his
head with David. (Doc. 1, p. 9). David refused to treat it,
and discounted Plaintiff's complaints of headaches and