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Moton v. Jmonczinski

United States District Court, N.D. Illinois

December 25, 2016

John R. Moton #2013-0321241, Plaintiff,
v.
Jmonczinski, Supervisor/Sergeant, #383940, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          Honorable Charles R. Norgle, Judge

         Pro se Plaintiff John R. Moton, a detainee at the Cook County Jail, brought a civil rights action against Sgt. Jmonczinski and Lt. Johnson, pursuant to 42 U.S.C. § 1983. Plaintiff challenges the medical attention he received after a fight with another detainee on or about August 4, 2014. Defendant moves to dismiss Plaintiffs complaint for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6) [41]. Plaintiff filed a response [46].

         For the reasons that follow, Defendants' motion to dismiss [41] is granted in part and denied in part.

         FACTS

         The facts, as pleaded in the amended complaint, are set forth below.

         On or about August 4, 2014, Plaintiff had an altercation with another detainee (Mr. Centano) in his dorm in Division III annex. [35 at 4] The altercation lasted "about 3 1/2 minutes overall." [Id. at 5] As a result of the altercation, Plaintiff had blood on his t-shirt and pants, as well as his "fore arm, right that is, " his "left risk [sic]" and the upper part of his neck and chest. [Id. at 6] Shortly after the fight, but before he was able to change his clothes, Plaintiff "got wind" that the detainee he fought that day was HIV positive. [Id.]

         When Jmonczinski interviewed Plaintiff about the altercation, Jmonczinski did not ask Plaintiff if he had any injuries or wanted medical attention. [Id] While Plaintiff was being interviewed, inmate Centano walked by. Plaintiff observed that inmate Centano was bleeding from his right eye. [Id. at 6] Plaintiff repeatedly requested to receive medical attention and change his clothes after the fight, but Jmonczinski denied Plaintiffs request, even though he knew inmate Centano was HIV positive. [Id. at 7] In doing so, Jmonczinski "didn't follow proper procedures." [Id] Lt. Johnson also did not "take the requirement and necessary step to see that [Plaintiff] was treated by medical staff." [Id. at 8] According to the amended complaint, the Defendant officers were "unprofessional" in their "handling of the situation." [Id. at 10]

         As a result of not getting medical attention from the Defendant officers, or any other employee at the jail, Plaintiff had "very uncomfortable feeling throughout the night" of August 4, 2014, and was not able to sleep well "because of the unwanted thoughts . . . running through [his] head constantly." [Id. at 9] Anxiety also "kick in alone [sic] with stressing." [Id] Plaintiff alleges that, following the incident, Plaintiff submitted a medical request for testing. [Id.] About two and half months later, he received testing. [Id.].

         LEGAL STANDARD

         A motion under Rule 12(b)(6) "challenges the sufficiency of the complaint to state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). When reviewing a Rule 12(b)(6) motion to dismiss, the Court construes the complaint in the light most favorable to the plaintiff, accepts all well-pleaded factual allegations as true, and draws all reasonable inferences in the plaintiffs favor. Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). Pursuant to Rule 8(a)(2), a complaint must contain "a 'short and plain statement of the claim showing that the pleader is entitled to relief, ' sufficient to provide the defendant with 'fair notice' of the claim and its basis." Id. (quoting Fed.R.Civ.P. 8(a)(2); Bell All. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Detailed factual allegations are not required, but the complaint "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed. 2D 868 (2009) (quoting Twombly, 550 U.S. at 570). Plausibility in this context does not imply that a court "should decide whose version to believe, or which version is more likely than not." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). Rather, to survive a motion to dismiss under Rule 12(b)(6), "the plaintiff must give enough details about the subject-matter of the case to present a story that holds together. In other words, the court will ask itself could these things have happened, not did they happen." Id.

         ANALYSIS

         I. Plaintiffs Allegations are Sufficient to State a Claim for Deliberate Indifference to Plaintiffs Serious Medical Needs against Defendant Jmonczinski

         Plaintiff alleges that Defendants failed to provide him with adequate medical care after the August 4, 2014 altercation with inmate Centano. Specifically, Plaintiff claims that the he was not allowed to immediately change his clothes, shower or be tested for HIV. [35 at 6-10]

         Jail officials violate an inmate's constitutional rights "when they display 'deliberate indifference to serious medical needs'" of the inmate. See Greeno v. Daley,414 F.3d 645, 652-53 (7th Cir. 2005) (quoting Estelle v. Gamble,429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)); Cty. of Sacramento v. Lewis,523 U.S. 833, 849-50, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (explaining that deliberate indifference claims brought by pretrial detainees against jail personnel arise under the Fourteenth Amendment rather than the Eighth Amendment but are analyzed under the same standard). To state a claim, a prisoner must show that: (1) his medical need was objectively serious, and (2) state officials acted with deliberate indifference to the prisoner's health or safety, which is a subjective standard. Farmer v. Brennan,511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). "[A]negations that a prison official knowingly exposed an inmate to an infectious disease that might cause him future harm states a claim of ...


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