Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chapman v. Moldenhauser

United States District Court, S.D. Illinois

March 7, 2017

ROBERT CHAPMAN, No. B78512, Plaintiff,
v.
MOLDENHAUSER, and JOHN TROST, Defendants.

          MEMORANDUM AND ORDER

          MICHAEL J. REAGAN Chief Judge

         Plaintiff Robert Chapman, an inmate currently housed in Menard Correctional Center (“Menard”), brings this pro se action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. (Doc. 1). Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. 2) was granted on January 6, 2017 (Doc. 4) and the initial filing fee has been paid. Plaintiff claims deliberate indifference to his serious medical condition of chronic abdominal pain and diabetes related symptoms, in violation of the Eighth Amendment.

         In connection with this claim, Plaintiff sues Moldenhauser (nurse practitioner) and John Trost (doctor) in their official and individual capacities. Plaintiff only seeks monetary relief. Although Plaintiff does not explicitly seek injunctive relief, considering the nature of Plaintiff's (chronic abdominal pain and diabetes related symptoms that may require medical intervention), the Court construes Plaintiff's Complaint as including a request for injunctive relief at the close of the case.

         If Plaintiff is interested in obtaining interim relief, he should file a separate motion pursuant to Rule 65(a) or (b) indicating the exact form of relief he seeks, the reasons why he seeks said relief, and the factual allegations supporting his request. He may do so at any time during the pending action.

         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; portions of this action are subject to summary dismissal.

         The Complaint

         Between 2009 and 2016 Plaintiff has been complaining of severe pain to Menard correctional center medical staff. (Doc. 1, p. 5). Plaintiff's requests for medical care have indicated that he is in “urgent need of pain medication and treatment.” Id. Plaintiff has filed grievances complaining about his medical treatment. Id. However, his grievances have been ignored. Id.

         On May 3, 2016, Plaintiff was experiencing extreme abdominal pain in his upper right side. (Doc. 1, p. 5). The pain increased and Plaintiff began losing weight. Plaintiff submitted several requests for medical treatment that were ignored. Id. Eventually, Plaintiff was seen by an unidentified nurse on June 28, 2016. Id. Plaintiff advised the nurse that he was experiencing the following symptoms: (1) blurry vision; (2) dry mouth; (3) increased urination, (4) loss of energy; (5) swelling feet; (6) uncontrollable hand shaking; ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.