United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
Christopher Scott, an inmate in Menard Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff requests
injunctive relief, declarative relief, and money damages.
This case is now before the Court for a preliminary review of
the Complaint pursuant to 28 U.S.C. § 1915A, which
(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.
was jogging on the prison yard on July 16, 2016 when he
slipped on an uneven patch of dirt and grass. (Doc. 1, p. 8).
He injured his right knee. Id. Specifically,
Plaintiff experienced severe pain, swelling, and his right
knee cap would grind and crack when moving it. Id.
Since the incident, Plaintiff has been unable to fully flex
or extend his knee or walk up and down stairs. Id.
His knee feels unstable and Plaintiff is frequently in severe
and extreme pain. Id.
was referred to Siddiqui for his complaints of knee pain on
July 25, 2016. Id. Siddiqui ordered an x-ray.
Id. Siddiqui told Plaintiff that he probably had
arthritis in his right knee, which caused an argument when
Plaintiff told Siddiqui that his knee was injured while
jogging 9 days prior. (Doc. 1, p. 9). Plaintiff requested a
MRI, but Siddiqui declined to order it and said that he would
never order a MRI. Id. Siddiqui gave Plaintiff
ibuprofen. Id. The x-ray was negative for fracture
or effusion. Id. Plaintiff continued to complain of
pain and weakness. (Doc. 1, p. 10).
saw non-party Dr. Tindall on October 28, 2016; she
recommended that Plaintiff receive an MRI. Id. The
request was denied by Dr. Ritz, an employee of Wexford Health
Sources, who instead recommended a physical therapy
evaluation on November 4, 2016. (Doc. 1, p. 11). Plaintiff
alleges that physical therapy was recommended because it
would cost little to nothing to Wexford and the IDOC.
Id. Plaintiff was referred to an outside hospital
where he was taught physical therapy exercises that he
attempted to do on his own for several months. (Doc. 1, pp.
April 2, 2017, Plaintiff was walking in the prison yard when
his right knee gave out, causing him to lose his balance and
break his right pinky toe. (Doc. 1, p. 14). Plaintiff saw
Siddiqui on April 4, 2017 regarding his right knee; Siddiqui
told Plaintiff he would refer him for an MRI for his knee,
but declined to refer Plaintiff for an x-ray on his toe.
(Doc. 1, p. 15). Plaintiff's case was submitted to Ritz
for a second time on April 11, 2017. Id. Once again,
Ritz denied Plaintiff an MRI and instead directed that he be
placed on NSAIDS. Id. Plaintiff never received the
medication. (Doc. 1, p. 16).
saw Siddiqui again on April 27, 2017 regarding his knee.
(Doc. 1, p. 19). Plaintiff complained that even though he had
completed physical therapy, he was still experiencing pain
and could not extend his knee or apply pressure. Id.
Siddiqui told Plaintiff he could not help him and reiterated
his conviction that Plaintiff suffers from arthritis.
was presented again in collegial for an MRI on May 17, 2017,
and Ritz denied Plaintiff an MRI for the third time. (Doc. 1,
p. 20). ...