United States District Court, S.D. Illinois
DWANE J. MIDDLETON, Y21267, Plaintiff,
MEMORANDUM AND ORDER
HERNDON, District Judge
Dwayne J. Middleton, currently incarcerated in Menard
Correctional Center (“Menard”), brings this
pro se action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. According to the
Complaint, Defendant has been deliberately indifferent to
Plaintiff's serious medical condition. Specifically,
Plaintiff contends he suffers from Tourette's syndrome, a
neurological disease which interferes with Plaintiff's
ability to control his body. Plaintiff contends he has been
denied medication for his condition and, as a result, has
suffered several injuries because he is unable to control his
connection with his claims, Plaintiff names Berkley, a
correctional officer at Menard. Plaintiff seeks monetary
damages and has not requested any form of injunctive relief.
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
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.
Complaint survives preliminary review.
was transferred to Menard on Friday April 28, 2017. (Doc. 1,
p. 5). Upon arrival at Menard, Plaintiff informed officials
he suffered from Tourette's syndrome and identified the
prescription medication he takes to control his condition.
Id. Plaintiff was told he would see a doctor the
following Monday. Id. However, as of May 14, 2017,
Plaintiff had not been seen by a physician and had not
received any medication for his condition. Id.
contends that because he is not receiving his medication he
has suffered from several falls, causing various injuries.
Id. (without medication Plaintiffs “body
react[s] without any control”). Specifically, Plaintiff
references the following incidents which he alleges were
caused by failure to medicate his condition:
• May 5, 2017 - Plaintiff fell from the top bunk and
landed on his back and head. The fall caused Plaintiff to
lose his breath ...