United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. Chief District Judge.
Stephen Douglas McCaskill, an inmate in Shawnee Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff requests declarative relief. This case is now
before the Court for a preliminary review of the Complaint
pursuant to 28 U.S.C. § 1915A, which provides:
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.
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.
January 1, 2016, at 2 pm Plaintiff showed Officer Holmes his
thumb, which had green gunk under the nail, and told her he
was experiencing pain. (Doc. 1, pp. 5, 45). Plaintiff
requested that Holmes send him over to health care, but
Holmes told him that the situation was not an emergency.
(Doc. 1, p. 5). Plaintiff then explained that he previously
had MRSA, but Holmes remained unmoved. Id. She also
squeezed his thumb, causing Plaintiff to almost pass out from
the pain. Id.
At 5 pm
that day, Plaintiff showed his unit officer his thumb and the
unit officer sent him over to health care. Id.
Plaintiff then spoke to nurse Rhonda, and explained that he
had clipped his nails the week prior and had broken the skin.
Id. Plaintiff further stated that he initially
thought the incident was minor, but 7-8 days had passed
without the thumb healing and he was now in excruciating
pain. Id. He also pointed out the green
discoloration. Id. Rhonda told him his condition was
not an emergency and asked him if he wanted to fill out a
sick call slip. (Doc. 1, pp. 5-6). Plaintiff and Rhonda
argued, and he walked out of health care without receiving
medical attention. (Doc. 1, p. 6).
January 2, 2016, Plaintiff saw Nurse Ethan during the
medication line at 5:30 am. Id. Plaintiff complained
of excruciating pain in his thumb to Ethan, but Ethan told
him he needed to fill out a sick call slip. Id. At 7
am, Plaintiff once again complained to Holmes and Florentine,
who sent him over to health care. Id. Plaintiff
requested a wheelchair because he believed he might pass out
from the pain, but the sergeant offered to walk him over
personally instead. (Doc. 1, p. 7). Nurse Lorreal gave
Plaintiff pain medication. (Doc. 1, p. 6). She also stated
that she did not believe his pain and the discoloration under
his thumb nail were related. (Doc. 1, p. 7). Lorreal told
Plaintiff that she put him in to see the doctor, but to date,
Plaintiff has not seen the doctor. (Doc. 1, p. 8).
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 1 count. 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 following claim survives
Count 1 - Holmes, Rhonda, Ethan, and Lorreal
were deliberately indifferent to Plaintiff's thumb
infection when they ignored his complaints of excruciating