United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge.
Blake Alexander, an inmate who is currently in the custody of
the Illinois Department of Corrections ("IDOC"),
brings this pro se civil rights action pursuant to
42 U.S.C. § 1983. In his original Complaint (Doc. 1),
Plaintiff claimed that four defendants denied him adequate
medical care for testicular masses and pain during his
incarceration at Menard Correctional Center
("Menard") in 2015 and at Big Muddy River
Correctional Center ("Big Muddy") in 2016 (Doc. 1,
pp. 1-22). Plaintiff requested monetary damages against the
defendants (id. at 23).
than two weeks after filing his Complaint, Plaintiff filed a
First Amended Complaint (Doc. 4). In it, he asserts the same
claims against the defendants (Doc. 4, pp. 1-19). In addition
to monetary relief, however, Plaintiff seeks injunctive
relief that includes diagnosis and treatment of his condition
(id. at 20).
Review Under 28 U.S.C. § 1915A
First Amended Complaint is now subject to preliminary review
under 28 U.S.C. § 1915A. The Court did not screen the
original Complaint, and there is no need to do so at this
time. An Amended Complaint supersedes and replaces the
original Complaint, rendering it void. See Flannery v.
Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.
1 (7th Cir. 2004).The original Complaint is void,
and the First Amended Complaint is now ripe for review.
§ 1915A, the Court is required to promptly screen
prisoner Complaints, including Plaintiffs First Amended
Complaint, to filter out non-meritorious claims. 28 U.S.C.
§ 1915A(a). The Court must dismiss any portion of the
First Amended 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). The First
Amended Complaint survives preliminary review under this
his pretrial detention at Lake County Jail, Plaintiff noticed
"foreign discharge from his penis" when he urinated
(Doc. 4, p. 4). He met with members of the Jail's medical
staff to discuss the issue. They recommended a urine
Plaintiff learned the results of the urine test, he
transferred into JDOC custody. During intake, Plaintiff
notified medical and correctional staff members about the
issue. He assumed that someone documented it for the
"parent facility" (id).
then transferred to Menard. There, he met with Nurse
Pollion on January 22, 2015. He informed her about
his testicular masses and his family history of cancer
(id. at 9). Nurse Pollion referred Plaintiff to
Doctor Trost (id).
with the doctor three days later on January 25, 2015.
Plaintiff informed Doctor Trost that the lumps in his
testicles caused him to suffer extreme discomfort when he
performed daily activities such as sitting and walking
(id. at 10, 12). Doctor Trost examined Plaintiff and
diagnosed him with spermatic cysts. The doctor assured
Plaintiff that the masses were not cancerous (id).
He also indicated that there was no sign of infection
(id. at 12). Doctor Trost refused to run any other
tests on Plaintiff before reaching this conclusion
(e.g., an MRI, x-ray or biopsy) or refer him for a
second opinion (id. at 10). Plaintiff filed a
grievance to complain about the inadequate medical care, but
it was denied at all levels (id. at 9).
again met with Doctor Trost on May 10, 2015 (id. at
10). He asked the doctor to explain why he refused to run any
other tests. The doctor simply indicated that he would not do
so and ignored Plaintiffs complaints of ongoing symptoms.
Plaintiff was seen by an unknown nurse ("Nurse Jane
Doe") on May 30, 2015. She referred him to a medical
doctor for further diagnosis and treatment.
met with Doctor Fuentes on June 8, 2015. Doctor Fuentes
explained that she was not a medical doctor, but rather an
optometrist. Nevertheless, after consulting with Doctor Trost
about Plaintiffs condition, Doctor Fuentes prescribed
Plaintiff a six-week course of antibiotics (i.e.,
amoxicillin) (id. at 10, 12). Plaintiff alleges that
both doctors knew that antibiotics would be ineffective
because there was no infection (id. at 12).
Plaintiff filed an emergency grievance on July 22, 2015. The
grievance was denied (id).
met with Nurse Doe again on August 22, 2015 (id. at
15). By this time, he had developed additional
"lumps" in his testicles. The nurse expressed
concerns about a misdiagnosis. She indicated that the lumps
could be cancerous (id). She recommended blood work
and a biopsy. Nurse Doe referred Plaintiff to Doctor Travis
for further treatment.
Plaintiff met with Doctor Travis, he reported suffering from
constant pain for months. Plaintiff rated the pain
"8-10" on a scale of "10, " with
"10" being the most painful. After listening to his
complaints, the doctor told Plaintiff twice that he was
"full of shit" and a "con artist"
(id). The doctor went on to comment that Plaintiff
"has the greasy end" (id). Plaintiff was
offended by this comment, although he admittedly had no idea
what it meant.When Plaintiff complained to ...