United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert, U.S. District Judge.
a former inmate at the Clay County Jail, brings this action
for deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. Plaintiff seeks equitable relief and
damages for deprivations of his constitutional rights. This
case is now before the Court for a preliminary review of the
Amended Complaint pursuant to 28 U.S.C. § 1915A, which
(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
28 U.S.C. § 1915A.
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). 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, 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. Rodriguez v. Plymouth Ambulance
Service, 577 F.3d 816, 821 (7th Cir. 2009).
originally filed this action on May 16, 2016 against Andy
Myers and Pat Greenwood. (Doc. 1). The Court dismissed this
action on June 30, 2016, although the dismissal was without
prejudice as to claims 1, 2, 5, 8, and 9. (Doc. 12). On July
11, 2016, Plaintiff filed an Amended Complaint, which
additionally names Bill Gross, Darrin Barbee, and Ramiee
Phillips as Defendants, as well as provides more factual
background. The Court now turns to the Amended Complaint for
review pursuant to 1915A. The Court notes that although it
will consider the exhibits attached to Plaintiff's
Complaint at Doc. 1-1, the allegations in the Amended
Complaint must be able to stand on their own, as the Amended
Complaint supersedes the Complaint, rendering it a nullity.
was booked into the Clay County Jail on December 10, 2015.
(Doc. 16, p. 7). He observed two other inmates make free
phone calls, but when he asked Darrin Barbee for a free phone
call, Barbee denied it. (Doc. 16, p. 7). Plaintiff cannot
call his family collect. (Doc. 16, p. 7). Plaintiff filed a
grievance on this issue, which Greenwood denied. (Doc. 16, p.
7) (Doc. 1-1, p. 10).
January 13, 2016, Plaintiff requested a copy of a legal
directory, the civil rules of procedure, and a § 1983
complaint form. (Doc. 16, p. 6). Myers denied the request.
(Doc. 16, p. 6). The response indicated that no legal
directory will provide numbers if requested. (Doc. 1-1, p.
8). The response further stated that the rules of civil
procedure are available through Plaintiff's attorney or
from the law library. (Doc. 1-1, p. 8). Plaintiff was also
told to draft his own complaint. (Doc. 1-1, p. 8).
April 21, 2016, Plaintiff requested postage to mail in the
original complaint in this case; Plaintiff needed postage
because the complaint was heavier than he could mail with a
first class stamp. (Doc. 16, p. 6). Myers denied that
request, stating that he was entitled to one stamp per week,
and that rollovers were not permitted. (Doc. 16, p. 6). The
Court notes that Plaintiff filed his case on May 16, 2016.
(Doc. 1). On June 10, 2016, Plaintiff again requested law
library access and copies. (Doc. 16, p. 12). Myers responded
stating, “this is not county jail standards, contact
your court appointed lawyer.” (Doc. 16, p. 12).
Plaintiff filed another grievance on June 16, 2016 because he
wished to access the law library in order to work on the
present case. (Doc. 16, p. 12).
had a phone call with his attorney, Scott Ealy on January 18,
2016. (Doc. 16, p. 6). Bill Gross and Pat Greenwood monitored
the call, even after Plaintiff requested privacy. (Doc. 16,
p. 6). The Amended Complaint indicates that all phones in the
Clay County jail are monitored. (Doc. 16, p. 7). The
grievance response indicates that the monitoring was
performed at the request of Plaintiff's attorney. (Doc.
1-1, p. 7). Plaintiff alleges that his attorney did not
request monitoring. (Doc. 16, p. 6). Plaintiff requested a
call with his attorney on March 17, 2016. (Doc. 16, p. 7).
Plaintiff alleges that he is unable to call his attorney
collect, and that he has seen other inmates, like Matt Brown,
make direct calls to their attorneys, presumably without
having to call collect. (Doc. 16, p. 7). Plaintiff requested
another call on March 27, 2016, which Myers also denied.
(Doc. 16, p. 7). Plaintiff believes that he has been treated
unfairly and differently from other inmates. (Doc. 16, p. 7).
broke a tooth while eating lunch on April 9, 2016. (Doc. 16,
p. 8). He requested pain medication from Phillips, who denied
it because Plaintiff was indigent. (Doc. 16, p. 8). Plaintiff
requested pain medication again the next day on April 10,
2016. (Doc. 16, p. 8). This time Gross denied the request.
(Doc. 16, p. 8). On April 10, 2016, Plaintiff filed a
grievance to Greenwood. (Doc. 16, p. 8). Greenwood responded
by asking if Plaintiff wanted to see the dentist. (Doc. 16,
p. 8) (Doc. 1-1, p. 17). Plaintiff said “yes, ”
but Greenwood told him that no dentist in Clay County takes
Medicaid. (Doc. 16, p. 8). Gross denied Plaintiff pain
medication again on April 19, 2016; Greenwood
“noted” Plaintiff grievance about the incident,
but took no action. (Doc. 16, p. 8) (Doc 1-1, p. 18).
Plaintiff also wrote a grievance to Myers regarding his
broken tooth on April 19, 2016. (Doc. 1-1, p. 22). On May 4,
2016, Plaintiff was furloughed to rehab. (Doc. 16, p. 8).
While he was there, he was treated for an infection in his
broken tooth, which included prescription ibuprofen and an
antibiotic. (Doc. 16, p. 8). He was eventually taken to
Everyone's Family Dental to repair the tooth. (Doc. 16,
requested information on HIV/AIDS and STD testing. (Doc. 16,
p. 9). Greenwood responded, “will check and let you
know.” (Doc. 16, p. 9) (Doc. 1-1, p. 4). Plaintiff
alleges that he has been an intravenous drug user, had
unprotected sex, and fresh tattoos, putting him at high risk
for those types of infections. (Doc. 16, p. 9). He further
alleges that the jail offers no information regarding the
availability of those tests, in violation of Illinois'
County Jail Act. (Doc. 16, p. 9).
April 25, 2016, Plaintiff was transferred to St. Clair County
for a court writ. (Doc. 16, p. 9). Clay County jail allegedly
did not send any prescription medication with Plaintiff, and
so he was without his medication for three days. (Doc. 16, p.
10). Plaintiff takes medication for anxiety, depression, and
post-traumatic stress disorder. (Doc. 16, p. 10). He suffers
from anxiety attacks, flashbacks, nightmares, and headaches.
(Doc. 16, p. 10). He takes Buspirone and Citalopram for these
conditions. (Doc. 16, p. 10). Myers denied ...