United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON UNITED STATES DISTRICT JUDGE.
Christopher Croom brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 that
allegedly occurred in Menard Correctional Center. Plaintiff
seeks declarative relief, monetary damages, and injunctive
relief. This case is now before the Court for a preliminary
review of the complaint pursuant to 28 U.S.C. § 1915A,
(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
careful review of the complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; this action is severable.
was sent to segregation at Menard Correctional Center on
February 13, 2017. (Doc. 1, p. 8). Plaintiff's cell was
filthy and his mattress was urine-stained, but plaintiff only
received “some type of watered-down liquid” once
a week to clean it. Id. Plaintiff received the same
amount cleaning supplies in segregation as he did in general
population. Id. Plaintiff was also deprived of
personal hygiene items, like toothpaste, toothbrush, soap,
deodorant, and a change of clothes for 10 days, until he
received his personal property. Id. Plaintiff asked
a C/O for hygiene products, but the C/O responded “ask
your homeboys” and “don't come to seg.”
Id. Plaintiff was not permitted to shower for 18
was assigned to a two-man cell with 36 square feet of space.
Id. There is no room to exercise in those cells.
meat at Menard contains soy product. Id. As a result
of eating the soy, Plaintiff alleges that he has experienced
severe stomach pain, gas, constipation, and rectal bleeding.
(Doc. 1, p. 9). Plaintiff had x-rays of his stomach taken
after he was “given 2 cups of milk of magnesium
laxative.” Id. The x-ray showed constipation
and gas. Id. Plaintiff has requested a blood test
for hypothyroidism and thyroid hormones, as well as a
soy-free diet, but Tripp refused to give him the blood test.
Id. P.A. Moldenhaur refuses to prescribe Plaintiff a
medical diet. Id. Plaintiff alleges that he
experiences stomach pain and suffering every day and that he
has lost weight from attempting to avoid soy. Id.
March 3, 2017 at approximately 12:35 am, plaintiff attempted
to jump into the top bunk in his cell and fell. (Doc. 1, p.
10). He landed on the back of his head and split his elbow on
the lower bunk on the way down. Id. The bunks do not
have ladders, and the top bunk is approximately 5 ft. off the
ground. Id. Plaintiff's cellmate called for
help, as there was no call button the cell. Id.
Plaintiff waited 15 minutes before a guard came to the cell.
Id. John Doe 2, the shift sergeant came to the cell
and then left to consult medical. Id. Doe 2 returned
and told Plaintiff “medical said they are not coming
because it is not an emergency.” Id. Plaintiff
alleges that the medical staff could not have known it was
not an emergency because they failed to assess the situation
in person. Id. Plaintiff received a pass to
outpatient care at 8:00 am. (Doc. 1, p. 11). He alleges he
was barely able to walk as a result of the incident.
Id. He tried to complain to Tripp about the
incident, but Tripp told him that she was only there to take
his blood pressure. Id. After complaining about his
neck and back, Tripp looked at the back of plaintiff's
neck and told him there was nothing she can do. Id.
She refused to put plaintiff on the list to see the doctor
and told plaintiff to put in a sick call slip. Id.
Despite putting in 9 sick call slips, plaintiff was not seen
until over 3 weeks later. Id. Plaintiff was given an
x-ray, which was “unremarkable.” Id.
Plaintiff was never given a prescription for the pain, and
had to take ibuprofen. (Doc. 1, p. 12). He alleges that he
still experiences pain and stiffness in his neck and back.
alleges that the guards refuse to pass out grievance forms.
Id. The law library staff also refuses to copy
alleges that he submitted 13 grievances to counselor Rodely
in March and April 2017, and that Rodely only responded to 2
of them. (Doc. 1, pp. ...