United States District Court, S.D. Illinois
JAMES W. BOWLIN, JR., Plaintiff,
FAYETTE COUNTY JAIL, DR. ELYEA, DR. FATOKI, MAEGAN TRONE, MATT SHROYER, TYLOR BUTTS, and DEKOTA WHITE, Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT U.S. DISTRICT JUDGE
James Bowlin, Jr., an inmate in Fayette County Jail, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. In his Complaint,
Plaintiff claims the defendants have been deliberately
indifferent to his serious medical issues in violation of the
constitution. (Doc. 1). 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 allow this case to proceed
past the threshold stage.
Complaint (Doc. 1), Plaintiff makes the following
allegations: when Plaintiff was taken to Fayette County Jail
(“Jail”) after his arrest on April 25, 2017, he
told correctional officers Shroyer and Butts that he was on
several prescribed medications when they asked him about the
same. (Doc. 1, p. 5). While he could not remember the name of
all of the medications at that moment, he told them several
of the medications including Propanil, Gabapenton, Ultrum,
Wellbutrin, and Klonopin. Id. Plaintiff informed
them that he would need the medications shortly because he
suffers from high blood pressure, severe arthritis, acid
reflux, severe anxiety, bipolar disorder, and chronic back
issues. Id. The officers wrote down the medications
that Plaintiff told them, and Shroyer told Plaintiff that he
would call the doctor that approves medications at the Jail.
Id. Plaintiff does “not think the two on duty
officers called” though “they may have.”
was taken to a cell, and after a few hours, he noticed that
two new officers had begun their shift. Id.
Plaintiff asked one of the officers if he was going to get
his medications soon, so the officer left and returned later
to tell Plaintiff that “he checked and [Plaintiff]
wouldn't be getting any of [his] medications until [he
sees] a nurse.” Id. The officer then told
Plaintiff that he would see a nurse within 14 days.
Id. Plaintiff replied that he could not wait that
long because he is on medications that he needs to take
daily. (Doc. 1, p. 6). Plaintiff “kept getting the run
around” and “spoke to every C/O there”
asking to see a doctor or nurse. Id.
“started to feel very sick” and experienced light
headedness, cold sweats, and shakiness. Id. Other
inmates observed that Plaintiff was very red. Id.
Plaintiff eventually called his family and girlfriend, and
when his girlfriend called the Jail, she was told she could
bring Plaintiff's medications to the Jail for him.
Id. When she did so, she gave Plaintiff's
medications to correctional officers. Id. Several
hours later, an officer told Plaintiff that he had called the
doctor and told him Plaintiff's medications. Id.
The officer also told Plaintiff that the doctor told him that
Plaintiff could not be given any of his medications until he
saw the nurse. Id.
family doctor wrote two letters to the Jail indicating what
medications Plaintiff is on and why he is on them.
Id. Plaintiff was still told that he could not have
them. Id. Plaintiff went two weeks without
medications. Id. He “was so miserable and [he]
felt like dying.” Id. After two weeks,
Plaintiff saw the nurse at the Jail. Id. He told her
his issues, and she responded that he could not be on most of
his medications. Id. She instead prescribed him
propranal for his blood pressure. (Doc. 1, pp. 6-7). What the
Jail did to Plaintiff was incredibly dangerous. (Doc. 1, p.
7). One of Plaintiff's medications, Klonapin, is a
barbiturate, from which withdraw is dangerous and can result
in death. Id. Plaintiff has still not received most
of his medications. Id.
saw the doctor at the Jail, and he took him off of the
medications Plaintiff's family doctor had indicated were
medically necessary. Id. The doctor put Plaintiff on
Zoloft recently, which has Plaintiff sick to his stomach and
is designed to treat depression, which ...