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Osbornee v. Dorris

United States District Court, S.D. Illinois

April 18, 2017

JAMES M. OSBORNE, Plaintiff,
v.
GERALD W. DORRIS, SUE FUNKHOUSER, LEON KEHRER, and NURSE ASHELY, Defendants.

          MEMORANDUM AND ORDER

          Phil Gilbert U.S. District Judge

         Plaintiff James Osborne, an inmate in Shawnee Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. In his Complaint, Plaintiff claims the defendants were deliberately indifferent to his serious medical issues by withholding nerve pain medication and refusing to give him certain tests while he was a pretrial detainee in Franklin County Jail (“Jail”), in violation of the Fourteenth Amendment. (Doc. 1). 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 allow this case to proceed past the threshold stage.

         The Complaint

         In his Complaint (Doc. 1), Plaintiff makes the following allegations: on July 18, 2016, Defendants Dorris and Funkhouser arbitrarily punished Plaintiff by taking him off of his nerve pain medication. (Doc. 1, p. 5). They also told Plaintiff that he needs to suffer everyday with nerve pain. Id. Plaintiff filed a grievance on the matter, but the grievance was never returned and he was not given the right to appeal the grievance. Id. Without his medication, Plaintiff was in a state of constant pain while at the Jail. Id. Plaintiff spoke with Defendants Dr. Kehrer and Nurse Ashely about the situation. Id. They told Plaintiff he was not entitled to his medication. Id. Plaintiff also asked Kehrer and Ashely for an AIDS and Hepatitis C test, but they refused. Id. Plaintiff seeks monetary damages from the defendants to compensate him for his pain and suffering. (Doc. 1, p. 6).

         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, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion regarding their merit.

Count 1 - Defendants showed deliberate indifference to Plaintiff's serious medical need for his nerve pain medication in violation of the Fourteenth Amendment.
Count 2 - Kehrer and Ashely showed deliberate indifference to Plaintiff's serious medical need for AIDS and Hepatitis C tests in violation of ...

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