United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT U.S. DISTRICT JUDGE.
Dwayne Middleton, a pretrial detainee in Franklin County Jail
(“Jail”), brings this action for deprivations of
his constitutional rights pursuant to 42 U.S.C. § 1983.
In his Complaint, Plaintiff claims the defendants have been
deliberately indifferent to his serious medical issues in
violation of the Eighth Amendment and retaliated against him
for filing grievances in violation of the First Amendment.
(Doc. 1). This case is now before the Court for a preliminary
review of the Complaint pursuant to 28 U.S.C. § 1915A,
(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
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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to allow this case to proceed
past the threshold stage.
Complaint (Doc. 1), Plaintiff makes the following
allegations: Plaintiff was booked into Franklin County Jail
on January 18, 2017. (Doc. 1, p. 5). Plaintiff immediately
reported a medical disorder he suffers from, Tourette
syndrome, and the medication that he was taking at the time
of the arrest. Id. Plaintiff was informed that he
would soon see a doctor, but as of the date this lawsuit was
filed in mid-March, Plaintiff had not yet seen a doctor.
Id. Because Plaintiff had not been given the
medication he needs for his disorder, which he claims
“causes his whole body to react without any control,
” he fell in the shower on January 21, 2017, causing
him to break his nose and sustain a cut to his left eyelid.
Id. Plaintiff asked for medical attention and was
seen by Defendant Nurse Ashley, who told Plaintiff that his
nose was broken but that she could not treat him for it.
Id. Plaintiff asked why, and Nurse Ashley responded
that she did not have to treat it if she did not want to.
filed a grievance for the lack of medical attention for his
ongoing disorder. Id. After doing so, Defendants
Shaffer and Heise punished Plaintiff for writing the
grievance by forcing him to sleep on the top bunk or sleep by
the toilet. Id. Lt. Shaffer also tore the grievance
up in front of Plaintiff. Id. Because his disorder
had remained untreated, on March 8, 2017, Plaintiff fell
while in shackles and handcuffs in a courtroom and on the
courthouse stairs. Id. Plaintiff was unable to catch
himself because of his disorder and the lack of medication he
had received therefor, so he hit his right arm, hand, and the
right side of his face against the courthouse stairs in one
of these falls. Id. That same day, Plaintiff spoke
with Defendant Officer Marie T about his problems with the
shackles, and she stated that she did not care about
Plaintiff's disorder. Id. Plaintiff asked
Defendant Officer Marie T for medical attention for the
injuries he sustained falling on the courthouse stairs, and
she told him “to suck it up and get over it.”
Id. Plaintiff seeks monetary damages from the
defendants. (Doc. 1, p. 6).
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 Nurse Ashley and
Officer Marie T showed deliberate indifference to
Plaintiff's serious medical needs related to his Tourette
syndrome and injuries he sustained due to lack of treatment