United States District Court, C.D. Illinois
MERIT REVIEW ORDER
E. SHADID UNITED STATES DISTRICT JUDGE.
cause is before the Court for merit review of the
Plaintiff's complaint. The Court is required by 28 U.S.C.
§1915A to “screen” the Plaintiff's
complaint, and through such process to identify and dismiss
any legally insufficient claim, or the entire action if
warranted. A claim is legally insufficient if it “(1)
is frivolous, malicious, or fails to state a claim upon which
relief may be granted; or (2) seeks monetary relief from a
defendant who is immune from such relief.” 28 U.S.C.
a pro se prisoner, claims Defendants Health Care
Administrator Lois Lindorff, Dr. Kul Sood, and Wexford Health
Source, Inc. violated his constitutional rights at Hill
Correctional Center. Plaintiff says the Defendants were
deliberately indifferent to his serious medical condition
when delayed or denied medical care for a painful lump in his
thyroid gland. Plaintiff's complaint includes 41 pages of
exhibits which the Court will also consider in its review.
(Comp., p. 12-53). See Fed.R.Civ.P. 10(c)(“A
copy of a written instrument that is an exhibit to a pleading
is a part of the pleading for all purposes.”); see
also Mustache v. Johnson, 2009 WL 1683207, at *2
(E.D.Wis. June 16, 2009)(attachments are properly considered
in screening pursuant to 28 U.S.C.1915A); Rice v.
Hathaway, 2008 WL 2789317, at *1 (S.D.Ill. July 18,
2008)(“For purposes of this § 1915A review, the
‘complaint' consists of both the original complaint
and the first amended complaint plus all attachments and
says the lump was first discovered at Jacksonville
Correctional Center in 2016 during a routine examination.
Based on the subsequent pleadings and exhibits, it appears
this date is inaccurate. For instance, in response to
Plaintiff's grievance, the grievance officer maintains
Plaintiff was at Jacksonville Correctional Center from March
of 2010 to January of 2014. (Comp., p. 17). Nonetheless,
Plaintiff says he “was sent to an outside hospital for
an MRI which came back negative for cancer.” (Comp., p.
3). An unnamed doctor told Plaintiff the mass could still
become cancerous and therefore he should have regular checks
every 30 days. Plaintiff was then released from
incarceration, but he later returned to the Illinois
Department of Corrections (IDOC).
says during this second incarceration, he was first housed at
Western Illinois Correctional Center where he received a
monthly check of his thyroid including blood work. An
ultrasound was also performed, but Plaintiff was transferred
before receiving the results.
says he arrived at Hill Correctional Center on July 22, 2016.
(Comp, p. 4). The IDOC response to Plaintiff's grievance
notes Plaintiff was at Western Illinois Correctional Center
from December of 2014 to July of 2015, and he transferred to
Hill Correctional Center on July 22, 2015. (Comp., p. 17).
Based on Plaintiff's subsequent pleading, it appears
these dates are correct.
informed the intake nurse at Hill Correctional Center of his
condition and he asked to speak with a doctor. Plaintiff says
it took some time, but eventually he met with Dr. Sood. The
doctor examined his glands and told Plaintiff “if it
was him, he would not worry about it.” (Comp., p. 4).
Plaintiff says the doctor showed a reckless disregard for his
December 22, 2015, Plaintiff noticed his gland had increased
in size and he felt pain when he swallowed. Plaintiff says he
sent several requests to the Health Care Unit for assistance,
but received no response.
February 20, 2016, Plaintiff met with a nurse during sick
call. The nurse examined Plaintiff, provided Ibuprofen, and
scheduled Plaintiff to see the doctor. Plaintiff was advised
to return to the Health Care Unit if his condition worsened.
Plaintiff claims the pain medication ran out before he saw
the doctor leaving him to suffer in pain.
medical record confirms Plaintiff's visit and his report
of pain as a four on a one-to-ten scale. (Comp, p. 25).
Plaintiff further reported the problem started approximately
one month prior. The Plaintiff has also provided copies of
the prescriptions confirming he was provided Acetaminophen
and Ibuprofen. (Comp, p. 19). However, there is subsequent
notation in the medical record indicating a “no
show” for the next evaluation of Plaintiff's
thyroid on February 22, 2016. (Comp., p. 26). Plaintiff's
medication expired on February 25, 2016. (Comp., p. 17).
filed an emergency grievance and the Warden approved
emergency review. Plaintiff returned to the Health Care Unit
on March 1, 2016, and again met with a nurse. She observed
Plaintiff's gland was swollen and also noted
irregularities on his tongue and inside his right nostril.
She ordered additional medication, an ultrasound, and
referral to a dentist for some of Plaintiff's symptoms.
attached medical records also confirm the nurse's March
1, 2016 examination as well as the ordered medication and
testing. (Comp., p. 17, 19. 20, 21, 27-28). In addition,
Plaintiff had received previous lab testing regarding his
thyroid while at Hill Correctional Center with results in
normal limits. (Comp., p. 17). However, the body of
Plaintiff's complaint does not mention the previous lab
tests or when they occurred.
admits Hill Correctional Center staff sent him to an outside
hospital for a thyroid ultrasound, but he does not state in
the body of his complaint when it occurred or what results he
received. (Comp., p. 6). Nonetheless, Plaintiff has attached
a copy of ultrasound report which notes it took place on
March 15, 2016. (Comp., p. 31). The report states a
suspicious mass was detected and a biopsy was recommended.
(Comp., p. 31). The body of Plaintiff's complaint again
provides no further information about a biopsy, but his
exhibits confirm the biopsy was performed at an outside
hospital on April 13, 2016. (Comp., p. 32-33).
next alleges he next saw Dr. Sood on April 20, 2016. The
doctor stated he was going to schedule additional follow-up
visits concerning Plaintiff's thyroid every six months,
instead of every thirty days. Plaintiff said he was still
suffering with pain, but he admits the doctor prescribed pain
medication. (Comp., p. 8). The April 20, 2016 visit is the
last incident alleged in Plaintiff's complaint, and he
provides no further information in the body of his complaint.
However, the medical record indicates the biopsy ...