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Middleton v. Berkley

United States District Court, S.D. Illinois

May 24, 2017

DWANE J. MIDDLETON, Y21267, Plaintiff,
v.
BERKLEY, Defendant.

          MEMORANDUM AND ORDER

          HERNDON, District Judge

         Plaintiff 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 body.

         In 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.

         This 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 such relief.

         An 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. 2009).

         Plaintiff's Complaint survives preliminary review.

         The Complaint

         Plaintiff 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.

         Plaintiff 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 ...

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