United States District Court, S.D. Illinois
TYLER D. CRIPE, Plaintiff,
BRIAN GLIDDENN, FAYETTE COUNTY JAIL, DR. FATOKI, DR. ELYEA, and MEGAN TRONE, Defendants.
MEMORANDUM AND ORDER
GILBERT, U.S. DISTRICT JUDGE.
Tyler D. Cripe, presently detained at the Fayette County
Jail,  brings this pro se action for
alleged violations of his constitutional rights under 42
U.S.C. § 1983. (Doc. 3). The constitutional violations
allegedly occurred while Plaintiff was detained at the
Fayette County Jail. In connection with these claims,
Plaintiff names Brian Glidden (Fayette County Jail
Administrator), Fayette County Jail, Dr. Fatoki, Dr. Elyea,
and Megan Trone. (Doc. 3). Fatoki, Elyea, and Trone are described
as being the “acting physicians and nurse of the
Fayette County Jail.” (Doc. 3, p. 2). Plaintiff
requests monetary compensation. (Doc. 1, p. 5). In addition,
he states he would “like for the procedures at the
Fayette County Jail to be corrected and enforced so no other
detainee has to go through this.” (Doc. 3, p. 6). This
case is now before the Court for a preliminary review of the
Amended Complaint (Doc. 3) pursuant to 28 U.S.C. §
1915A. Under Section 1915A, the Court is required to promptly
screen prisoner complaints to filter out nonmeritorious
claims. 28 U.S.C. § 1915A(a). The Court is required to
dismiss any portion of the Amended Complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief. 28 U.S.C.
§ 1915A(b). Although the Court is obligated to accept
factual allegations as true, see Smith v. Peters,
631 F.3d 418, 419 (7th Cir. 2011), some factual allegations
may be so sketchy or implausible that they fail to provide
sufficient notice of a plaintiff's claim. Brooks v.
Ross, 578 F.3d 574, 581 (7th Cir. 2009). Additionally,
Courts “should not accept as adequate abstract
recitations of the elements of a cause of action or
conclusory legal statements.” Id.
part of screening, the Court is also allowed to sever
unrelated claims against different defendants into separate
lawsuits. See George v. Smith, 507 F.3d 605, 607
(7th Cir. 2007). In George, the Seventh Circuit
emphasized that the practice of severance is important,
“not only to prevent the sort of morass” produced
by multi-claim, multi-defendant suits “but also to
ensure that prisoners pay the required filing fees”
under the Prison Litigation Reform Act. Id. This
practice is encouraged. The Seventh Circuit Court of Appeals
has recently warned district courts not to allow inmates
“to flout the rules for joining claims and defendants,
see Fed. R. Civ. P. 18, 20, or to circumvent the
Prison Litigation Reform Act's fee requirements by
combining multiple lawsuits into a single complaint.”
Owens v. Godinez, 860 F.3d 434, 436 (7th Cir. 2017).
See also Wheeler v. Talbot, __ Fed.Appx. __, 2017 WL
2417889 (7th Cir. 2017) (district court should have severed
unrelated and improperly joined claims or dismissed one of
them). Consistent with George, Owens, and
Wheeler, improperly joined parties and/or claims
will be severed into new cases, given new case numbers, and
assessed separate filing fees.
Amended Complaint (Doc. 3), Plaintiff makes the following
allegations related to (1) failure to provide Plaintiff, who
is Jewish, with a kosher diet; (2) deliberate indifference to
Plaintiff's medical needs; and (3) law library access.
is Jewish. (Doc. 3, p. 5). Plaintiff requested a religious
kosher diet, but his request was refused. Brian Glidden, the
Fayette County Jail administrator, has indicated that
Plaintiff's request is being denied because when
Plaintiff was booked he was intoxicated and refused to answer
questions. Id. Plaintiff also states that he spoke
with Glidden and filled out a request slip directed to him,
but nothing was done.
is a veteran who suffers from mental illness, including Post
Traumatic Stress Disorder (PTSD). (Doc. 3, p. 5). Prior to
being detained at Fayette County Jail, Plaintiff was taking
certain prescription medications to treat his mental illness
and PTSD. Plaintiff also suffers from asthma and uses an
albuterol inhaler. Id. Plaintiff has used an
albuterol inhaler “since birth.” Id.
Plaintiff was booked, he told officials the medications he
was taking. Id. Plaintiff was not given any
prescription medications and was told he would see a
physician or a nurse in two weeks. Plaintiff has asked
several times to be seen by a physician or a nurse but has
not been seen. At some point, Plaintiff was given medication,
but it does not help his mental illness and officials have
not told Plaintiff what the medication or medications are
for. Id. Officials have also refused to give
Plaintiff an albuterol inhaler. Id. Without the
inhaler, Plaintiff cannot exercise and sometimes has trouble
breathing in the mornings. Id.
claims detainees and/or inmates at the Jail have “no
access” or “limited access” to the law
library. (Doc. 3, p. 5). The material that is available is
damaged (missing pages) and outdated. Id. It often
takes days to obtain requested information. Id.
12, 2017, Plaintiff filed a grievance regarding law library
inadequacies. Id. Plaintiff was subsequently removed
from his cell and placed in a small library. Id.
After two hours, the Sheriff opened the locked door and asked
Plaintiff if he had enough library time. Id.
Plaintiff construes this as punishment for his grievance.
of Certain Defendants
1983 imposes liability on “any person” who, under
color of state law, deprives another of rights protected by
the Constitution. In Monell, the Supreme Court held
that Congress intended municipalities and other local
government entities to be included among those persons to
whom § 1983 applies. 436 U.S., at 690, 98 S.Ct., at
2035. However, unlike municipalities, a jail is not a legal
entity that can be sued under § 1983. See Smith v.
Knox County Jail, 666 F.3d 1037, 1040 (7th Cir. 2012)
(Knox County Jail a “non-suable entity”);
Powell v. Cook County Jail, 814 F.Supp. 757, 578
(N.D.Ill. 1993) (Cook County Jail is not an entity nor a
“person” subject to suit under § 1983).
Accordingly, Fayette County Jail shall be dismissed from this
action with prejudice.
Fatoki, Dr. Elyea, and Megan Trone - “Medical
Fatoki, Dr. Elyea, and Megan Trone are identified as
defendants in Plaintiff's list of defendants (but not in
the case caption). With the exception of their job
descriptions (“acting physicians and nurse of Fayette
County Jail”), no mention of these individuals is made
in the body of the Amended Complaint.
failure to assert a specific act of wrongdoing as to these
individuals does not suffice to meet the personal involvement
requirement necessary for § 1983 liability. See
Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995)
(“to recover damages under § 1983, a plaintiff
must establish that a defendant was personally responsible
for the deprivation of a constitutional right.”).
Therefore, Fatoki, Elyea, ...