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Beehnn v. Doe

United States District Court, S.D. Illinois

January 4, 2017

BRADLY BEEHN, Plaintiff,
v.
JOHN DOES (DOCTORS 1-50), JANE DOES (NURSES 1-25), JANE DOE 26, ROGERICK MATTICKS, HEALTH CARE PROVIDER, JOHN DOE 51, JANE DOE 27, and DUNNING Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE United States District Judge.

         Plaintiff Bradley Beehn, an inmate in Robinson Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 for events that occurred at Shawnee Correctional Center. Plaintiff seeks monetary damages. 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 such relief.

         An 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. 2009).

         Upon careful review of the Complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A. This action is subject to dismissal.

         The Complaint

         Plaintiff began experiencing pain and discomfort in his stomach in April 2016. (Doc. 1, p. 6). On April 7, 2016, while in the recreational yard at Shawnee Correctional Center, Plaintiff had to use the bathroom because he was suffering from severe pain and diarrhea. Id. He asked the correctional officer on duty to unlock the bathroom on the yard, but the officer refused. Id. Plaintiff decided to defecate in the corner of the yard, for which he was given a ticket. Id.

         Plaintiff wrote grievances regarding his health issue in May and June 2016. Id. At Shawnee, inmates are frequently confined to their cells for 22 hours a day. Id. On more than one occasion, health care unit staff asked Plaintiff to defecate in a bucket and keep it in his cell to be collected later. Id. Plaintiff also had to walk the sample to the health care unit himself, which he did almost daily from July 11, 2016 until July 28, 2016. (Doc. 1, p. 6-7). On more than one occasion, Plaintiff went through this process only to be told that the supplies to conduct the tests on his feces had not come in. (Doc. 1, p. 6).

         Plaintiff was given bismatrol tablets, a generic form of Pepto Bismol for his issue. (Doc. 1, p. 7). He was sent for a colonoscopy in September 2016, which showed that he had irritable bowel and colon syndrome. Id. Plaintiff requested testing for Chron's disease but was denied. Id.

         Discussion

         Based on the allegations of the Complaint, the Court finds it convenient to divide the pro se action into 2 counts. The parties and the Court will use these designations in all future pleadings and orders, ...


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