United States District Court, S.D. Illinois
LAMPTON J. TURNER, Plaintiff,
WEXFORD HEALTH SOURCES, INC., LISA KREBS, VENERIO SANTOS, ARNEL A. GARCIA, STEVE MEEKS, and LISA PRATCHER Defendants.
MEMORANDUM AND ORDER
Michael J. Reagan Chief Judge United States District Court
Lampton J. Turner, an inmate in Centralia Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff requests declarative relief, injunctive relief, and
compensatory and punitive damages. 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
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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; portions of this action are subject to
alleges that he tripped and fell while returning from mail
call on June 27, 2016. (Doc. 1, p. 3). The fall injured both
hands and his wrist. Id. Plaintiff was seen by
Garcia, who he alleges was wearing Santos' lab coat, a
month later on July 27, 2016. Id. Plaintiff
complained of numbing, tingling, aching, and swelling in his
wrists and hands, and Garcia diagnosed him with inflammation
and prescribed Prednisone (a steroid) and Robaxin (a muscle
relaxer). Id. Plaintiff followed up with Garcia on
October 26, 2016, complaining of the same pain. Id.
Garcia renewed his prescriptions. Id.
put in a sick call slip on November 2, 2016 after not
receiving refills. Id. The health care unit required
Plaintiff to pay a co-pay and Plaintiff refused and filed a
began experiencing dizziness, tingling, skin crawling,
headaches, as well as continuing pain in his hands and wrist
by November 10, 2016. Id. Plaintiff was sent to
health care, where he requested pain medication. (Doc. 1, p.
4). The unnamed nurse on duty refused to give him any,
although she put him in to see the doctor. Id. On
November 12, 2016 Plaintiff saw Santos. Id. Santos
thought his symptoms may be explained by allergies or as a
side effect of the prednisone. Id. Santos ordered a
blood test, but also refused to give Plaintiff any pain
medication or an x-ray. Id.
November 17, 2016, Plaintiff met with Santos again to go over
the results of his blood work. (Doc. 1, pp. 4-5). Santos
showed Plaintiff the results and stated that everything
looked “good, normal.” (Doc. 1, p. 5). Plaintiff
told Santos that he was still experiencing numbing, tingling,
aching, swelling, and skin crawling, and asked for an x-ray.
Id. Santos denied that anything was wrong with
Plaintiff and refused to provide any further treatment.
Id. Plaintiff sent a request to health care
administrator Lisa Krebs regarding this incident the same
November 25, 2016, Plaintiff noticed that his hand was making
a crunching sound and experienced pain between his thumb and
index finger. (Doc. 1, p. 6). Plaintiff also experienced
cramps while writing and brushing his teeth. Id.
Plaintiff continued to experience back pain, neck pain, and
mother followed up with Krebs on November 30, 2016, asking
why the contusion on Plaintiff's right hand hadn't
received medical treatment. Id. Krebs responded that
the hand would have to heal on its own. Id.
Plaintiff also followed up with Krebs, Santos, and Garcia via
kites on December 18, 2016. Id.
received his medical records on December 21, 2016 and noticed
that his BUN/CREAT ration was out of range. Id.
Plaintiff alleges that his godmother is a nurse and she told
his mother that a BUN/CREAT ratio of 8.1 is dangerously low
and that the prison should have informed Plaintiff when his
ratio dropped from 9.1 to 8.1. (Doc. 1, pp. 7-8). Plaintiff
tried to tell Krebs about his low BUN/CREAT ratio and request
a blood pressure check, but she refused to talk to him. (Doc.
1, p. 8). On January 26, 2017, Plaintiff received a response
to his grievance from health care about this issue, noting
that his ratio was “out of range” but declining
to take action because it was not “panic level.”
(Doc. 1, p. 13).
was referred to the doctor again on December 22, 2016 for
nerve pain in both arms, a cyst, crunching in his hand, and
hand, wrist and back pain. (Doc. 1, p. 6). Plaintiff saw
Santos the next day and complained about the symptoms in his
right hand. (Doc. 1, p. 7). Plaintiff asked if Santos could
hear the crunching and the raised his hand from his lap.
Id. Santos flinched and hit Plaintiff's injured
hand. Id. Plaintiff put both hands in the air
because it looked like Santos was preparing to strike him
again. Id. Santos told Plaintiff not to touch him.
Id. Plaintiff apologized and told Santos he
wasn't trying to touch him, he just wanted to show Santos
his injured hand. Id. Santos calmed down and the
examination continued. Id. Santos noted that
Plaintiff had a cyst on his wrist. Id. He also
pushed down on the affected area until Plaintiff said
“ouch.” Id. Santos then ordered an x-ray
and ibuprofen. Id. Plaintiff's hand throbbed for
3 days after the examination. Id. Plaintiff reported
the incident to internal affairs; Lt. Robinson investigated
based on Plaintiff's letter to Krebs. (Doc. 1, p. 9).
Plaintiff requested a restraining order against Santos. (Doc.
1, p. 14).
mother contacted Lisa Pratcher in December 2016 to complain
about Plaintiff's medical issues. (Doc. 1, pp. 9-10).
Pratcher told Plaintiff's mother she'd look into it
but then Pratcher stopped replying. (Doc. 1, p. 10). Pratcher
eventually referred Plaintiff's mother to Steve Meeks,
the IDOC director for the Southern District. Id.
Plaintiff's mother informed Meeks and Pratcher about
Plaintiff's pain and suffering and low BUN/CREAT ratio.
Id. Meeks also eventually stopped responding to
Plaintiff's mother. Id. At one point,
Plaintiff's mother was referred back to Krebs, who was
rude and stated that Plaintiff would only be given Tylenol
and ibuprofen. (Doc. 1, pp. 10-11).
January 15, 2017, Plaintiff grew dizzy while urinating and
passed out, hitting his head. (Doc. 1, p. 11). Plaintiff was
experiencing frequent urination, pain in his kidney area, and
shaking. (Doc. 1, p. 12). Santos examined Plaintiff and noted
that his right ear was full of wax; Santos ascribed the
fainting to the blocked ear. Id. Plaintiff alleges
that he complained of being light-headed as early as November
10, 2016 and that he had passed out previously on November
16, 2016, but that there was no wax build-up during those
times. Id. Santos only gave Plaintiff ear drops,
despite Plaintiff's requests for pain treatment.
taking the ear drops, Plaintiff experienced dizziness on
January 18, 2017. Id. Plaintiff alleges Santos
shouldn't have prescribed him the ear drops for dizziness
because the label instructed patients to speak to their
doctor if they experienced dizziness. Id. Plaintiff
had an ear flush on January 21, 2017 that released a ball of
wax the size of a penny. (Doc. 1, p. 13). Plaintiff followed
up with Nurse Brewer on February 11, 2017, and she could not
release any more wax, but told him that he had hard wax in
his left ear that would need to be scraped out. (Doc. 1, p.
15). But when Plaintiff met with Santos a few days later,
Santos denied that there was any wax in Plaintiff's ear.
February 6, 2017, Plaintiff saw Santos against regarding the
pain in his kidney area. (Doc. 1, p. 14). Santos conducted an
exam, in which he pressed on Plaintiff's kidneys.
Id. When Plaintiff expressed pain, Santos told him
he was faking it because Santos had been pushing on muscle.
Id. Santos told Plaintiff that all of his labs were
normal. Id. Plaintiff asked about his BUN/CREAT