United States District Court, S.D. Illinois
CRAIG J. CESAL, Plaintiff,
DOUGLASS ANTHONY KRUSE, KIM SCHNEIDER, ELIZABETH MILLS, RENNA KELLY, J. JOLLIFF, TASHA JOHNSON, ASHLEY KNEBEL, BETTY ULMER, PAUL KELLEY, LOUISE BOW AN, and FEDERAL BUREAU OF PRISONS Defendants.
MEMORANDUM AND ORDER
M. YANDLE U.S. District Judge.
Craig Cesal, an inmate in Federal Correctional
Institution-Terre Haute ("Terre Huate FCI"), brings
this action for deprivations of his constitutional rights
pursuant to Bivens v. Six Unknown Agents, 403 U.S.
388 (1971). Plaintiff seeks compensatory damages, punitive
damages and injunctive relief. 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.3d816, 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
case arises out of events at Federal Correctional Institution
- Greenville ("Greenville"), which is located in
this judicial district. The following are the relevant
allegations of the Complaint (Doc. 1). Plaintiff was housed
at Greenville from March 21, 2011 until March 16, 2015. On
September 19, 2014, the prison's Clinical Director,
Defendant Douglass Kruse, ordered an end to the provision of
diabetic snacks. Plaintiff alleges that this decision was
problematic for him because dinner is served at 4:30 pm and
breakfast is served at 7:00 am, creating a fourteen and a
half hour gap between meals. During this gap, Plaintiff had a
tendency to experience low blood sugar levels (hypoglycemia).
Mills noted that Plaintiff was hypoglycemic on September 22,
2014, but provided no treatment. Mills directed Plaintiff to
report further hypoglycemic events to medical.
did so the next morning on September 23, 2014. Defendant
Schneider was called at 3:00 am, and examined Plaintiff at
10:00 am. Schneider terminated Plaintiffs glyburide
prescription at that time. Glyberide causes the pancreas in a
Type II diabetic to secrete adequate insulin. Schneider told
Plaintiff that treating low blood sugars with food alone was
inappropriate and that a medication adjustment was a better,
long term solution. Schneider also terminated Plaintiffs pain
medication for his sciatica during the same visit. Schneider
was angry and wrote an incident report dated September 23,
2014 which charged Plaintiff with possessing ibuprofen, after
she cancelled the prescription.
result of the medication change, Plaintiffs blood sugar
levels soared. From September 23, 2014 until March 16, 2015,
the prison's registered nurses checked Plaintiffs blood
sugars twice daily and recorded numerous measurements of over
400 and 500 units. An acceptable range is between 70 and 120
units. None of the nurses provided Plaintiff with any
treatment for his high blood sugar levels. Defendant Kelly
measured Plaintiffs blood sugar between September 23, 2014
and March 16, 2015. Specifically, she noted a level of 438 on
November 11, 2014 and a level of 448 on November 14, 2015,
but provided no treatment on either of those days. Defendant
Jolliff measured Plaintiffs blood sugar at 436 on November
11, 2014, but provided no treatment. Defendant Johnson took a
blood sugar reading of 449 on November 2, 2014, but provided
no treatment. Defendant Knebel took a blood sugar reading of
488 on November 23, 2014, but provided no treatment.
Defendant Ulmer measured Plaintiffs blood sugar at 482 on
November 1, 2014, but provided no treatment. Defendant Kelley
took a blood sugar reading of 448 on November 14, 2014, but
provided no treatment On December 14, 2014, Defendant Bowen
took a blood pressure reading of 201, but provided no
received an incident report from Defendant Kruse for refusing
to sign a refusal of treatment form on October 22, 2014. He
received another incident report from Defendant Kelley on
February 20, 2015 for refusing to obey a direct order,
refusing to program and insolence. Defendant Kelley charged