United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE
proceeding pro se and incarcerated in the Illinois River
Correctional Center, seeks leave to proceed in forma
case is before the Court for a merit review pursuant to 28
U.S.C. § 1915A. In reviewing the Complaint, the Court
accepts the factual allegations as true, liberally construing
them in Plaintiff's favor. Turley v. Rednour,
729 F.3d 645, 649 (7th Cir. 2013).
conclusory statements and labels are insufficient. Enough
facts must be provided to "'state a claim for relief
that is plausible on its face.'" Alexander v.
U.S., 721 F.3d 418, 422 (7th Cir.
2013)(quoted cite omitted).
alleges that he suffered a left shoulder rotator cuff injury
in prison in the Summer of 2014. He was transferred from
Pinckneyville Correctional Center to Illinois River
Correctional Center in January 2015. Plaintiff has continued
to experience constant pain in his shoulder and a
“popping” noise when moving his shoulder a
certain way. Dr. Lochard and Dr. Osmundson have prescribed
pain medicine, steroid shots, and exercise, but these
approaches have not appreciably improved Plaintiff's
condition. Plaintiff's repeated requests for an MRI or
CAT scan have been refused.
early stage, the Court cannot rule out an Eighth Amendment
claim of deliberate indifference to Plaintiff's serious
medical needs. Whether the doctors' decisions reflect the
exercise of accepted professional judgment should await the
summary judgment stage. See, e.g., Jackson v.
Kotter, 541 F.3d 688, 697-98 (7th Cir.
2008)(no deliberate indifference for refusing MRI or
orthopedic referral for back pain where pain medicine and an
x-ray given); Pyles v. Fahim, 771 F.3d 403, 411
(7th Cir. 2014)(“An MRI is simply a
diagnostic tool, and the decision to forego diagnostic tests
is ‘a classic example of a matter for medical
judgment.'”)(quoted cite omitted).
IS THEREFORE ORDERED:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states an Eighth
Amendment claim for deliberate indifference to his serious
medical need. This case proceeds solely on
the claims identified in this paragraph. Any additional
claims shall not be included in the case, except at the
Court's discretion on motion by a party for good cause
shown or pursuant to Federal Rule of Civil Procedure 15.
case is now in the process of service. Plaintiff is advised
to wait until counsel has appeared for Defendants before
filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
Defendants' counsel has filed an appearance will
generally be denied as premature. Plaintiff need not submit
any evidence to the Court at this time, unless otherwise
directed by the Court.
Court will attempt service on Defendants by mailing each
Defendant a waiver of service. Defendants have 60 days from
the date the waiver is sent to file an Answer. If Defendants
have not filed Answers or appeared through counsel within 90
days of the entry of this order, Plaintiff may file a motion
requesting the status of service. After Defendants have been
served, the Court will enter an order setting discovery and
dispositive motion deadlines.
respect to a Defendant who no longer works at the address
provided by Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the Clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be
used only for effectuating service. Documentation of
forwarding addresses shall be retained only by the Clerk and
shall not be maintained in the public docket nor disclosed by
Defendants shall file an answer within 60 days of the date
the waiver is sent by the Clerk. A motion to dismiss is not
an answer. The answer should include all defenses appropriate
under the Federal Rules. The answer and subsequent pleadings
shall be to the issues and claims stated in this Opinion. In
general, an answer sets forth Defendants' positions. The
Court does not rule on the merits of those positions unless
and until a motion is filed by Defendants. Therefore, no
response to the answer is necessary or will be considered.
District uses electronic filing, which means that, after
Defense counsel has filed an appearance, Defense counsel will
automatically receive electronic notice of any motion or
other paper filed by Plaintiff with the Clerk. Plaintiff does
not need to mail to Defense counsel copies of motions and
other papers that Plaintiff has filed with the Clerk.
However, this does not apply to discovery requests and
responses. Discovery requests and responses are not filed
with the Clerk. Plaintiff must mail his discovery requests
and responses directly to Defendants' counsel. Discovery
requests or responses sent to the Clerk will be returned
unfiled, unless they are attached to and the subject of a
motion to compel. Discovery does not begin until Defense
counsel has filed an appearance and the Court has entered a
scheduling order, which will explain the discovery process in
Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants