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Rogers, v. Crow

United States District Court, S.D. Illinois

June 5, 2017

RICHARD ROGERS, #B82587, Plaintiff,
v.
ROBERT CROW, RANDY COBB, OFFICER KALEENA, HAMILTON COUNTY, and WHITE COUNTY, Defendants.

          MEMORANDUM AND ORDER

          PHIL GILBERT U.S. DISTRICT JUDGE.

         Plaintiff Richard Rogers, an inmate who is currently incarcerated in Western Illinois Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff claims that officials at White County Jail and Hamilton County Jail failed to provide him with timely treatment for Methicillin-resistant Staphylococcus aureus (“MRSA”). (Doc. 7, pp. 5-6). As a result, he became seriously ill. Id. Plaintiff now seeks monetary relief against Robert Crow (Hamilton County Sheriff), Randy Cobb (White County Sergeant), Officer Kaleena (White County official), Hamilton County, and White County. (Doc. 7, p. 7).

         This case is now before the Court for a preliminary review of the First Amended Complaint (Doc. 7) 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). The First Amended Complaint survives preliminary review under this standard.

         First Amended Complaint

         According to the First Amended Complaint, Plaintiff contracted MRSA following his detention at White County Jail in April 2016. (Doc. 7, p. 5). Sometime in July 2016, he notified a member of the White County Jail's medical staff, Officer Kaleena, that he was experiencing “pain in the back of [his] head.” Id. Officer Kaleena observed a sore on Plaintiff's head. Id. However, she said that nothing could be done because Hamilton County was responsible for him, not White County. Id.

         Plaintiff wrote letters directly to Hamilton County's Sheriff (Robert Crow) and a White County Sergeant (Randy Cobb). (Doc. 7, p. 6). He complained of pain and requested medical treatment for it. Id. Both defendants “disregarded” Plaintiff's requests. Id.

         While making rounds three weeks later, Officer Kaleena again examined the sore on Plaintiff's head. (Doc. 7, p. 5). It looked much worse, and Plaintiff was sent to Hamilton County Hospital for further evaluation. Id. There, he was diagnosed with MRSA. Id. Because of the delay in treatment, the infection had entered Plaintiff's bloodstream. Id. He became seriously ill and was transferred to Mount Vernon Good Samaritan Hospital for further treatment. Id. Plaintiff remained there for a month. Id. He then transferred to Menard Correctional Center, where he received forty-five days of additional treatment in the prison's health care unit. Id.

         Plaintiff alleges that he will carry MRSA for the rest of his life. (Doc. 7, p. 5). He has also suffered from and been treated for a kidney infection since his diagnosis with MRSA. (Doc. 7, p. 6). Had Officer Kaleena provided him with prompt ...


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