United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
GILBERT, District Judge
D'Aaron Williams, an inmate in the Cook County Department
of Corrections, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 for
actions that occurred in the Jefferson County Detention
Facility. Previously, Plaintiff's Amended Complaint was
dismissed without prejudice for failure to state a claim.
(Doc. 6). Plaintiff has now filed a Second Amended Complaint.
(Doc. 10). Plaintiff requests declarative relief and monetary
damages. This case is now before the Court for a preliminary
review of the Second Amended 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
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).
careful review of the Second Amended Complaint and any
supporting exhibits, the Court finds it appropriate to
exercise its authority under § 1915A; this action is
subject to summary dismissal.
Second Amended Complaint
originally filed this case on November 21, 2016. (Doc. 1). On
December 19, 2016, he filed an Amended Complaint. (Doc. 4).
The Court screened the Amended Complaint on December 29, 2016
and dismissed it without prejudice. (Doc. 29). On January 12,
2017, Plaintiff filed the Second Amended Complaint. (Doc.
suffers from stress, depression, anxiety attacks, mood
swings, and lack of sleep and appetite. (Doc. 10, p. 6).
Through a kiosk, Plaintiff told Hanes and Lt. Jane Doe 2, and
a nurse that he needed his medication. (Doc. 10, p. 3, 6).
Plaintiff has been taking medication for years. Id.
Plaintiff also told Mount that he needed his medication.
Id. On November 14, 2016, Mount told Plaintiff
“while you are housed in our facility, you will be
under the care of your medical dept. Correctional staff
cannot override the decision of the doctor.”
Id. Plaintiff alleges that Dr. John Doe denied him
his medication. Id. Even after reviewing a copy of
Plaintiff's medications from Cook County, and hearing
about Plaintiff's mental health situation, the nurse
refused to give Plaintiff his medications. Id.
Without his medications, Plaintiff suffers from withdrawal
symptoms, including vomiting and fecal incontinence. (Doc.
10, p. 2). Plaintiff got sick from withdrawal, but Jane Doe 1
would not provide treatment until she saw Plaintiff
“shit.” Id. Plaintiff attributes his
ability to remain calm and abstain from fighting to his
mental health medication. Id.
on the allegations of the Second Amended Complaint, the Court
finds it convenient to divide the pro se action into 1 count.
The parties and the Court will use this designation in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court.
1 - Defendants were deliberately indifferent to
Plaintiff's serious medical need in ...