Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bowlinn v. Torbeck

United States District Court, S.D. Illinois

October 26, 2017

JAMES W. BOWLIN, JR., Plaintiff,
v.
JON TORBECK, TYLOR BUTTS, BRYAN GLIDDEN, CHRIS SMITH, and FAYETTE COUNTY JAIL Defendants.

          MEMORANDUM AND ORDER

          J. Phil Gilbert U.S. District Judge

         Plaintiff James W. Bowlin, Jr., an inmate in Fayette County Jail, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks injunctive relief and compensatory 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 such relief.

         An 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. 2009).

         Upon 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 summary dismissal.

         The Complaint

         On August 24, 2017, an inmate at Fayette County jail had a seizure and fell in the shower. (Doc. 1, p. 5). The fall sliced his face open from eye to chin, and blood went everywhere. Id. When the jail officers learned that the injured man had Hepatitis C, they left the cell block and told the inmates to clean up the blood. Id. Plaintiff asked Butts and Torbeck for protective gloves and/or a mask, but was told he couldn't have any. (Doc. 1, pp. 5-6). Plaintiff and several other inmates had to clean up the blood without masks, gloves, or help. (Doc. 1, p. 5).

         Discussion

         Based on the allegations of the Complaint, the Court finds it convenient to divide the pro se action into a single count. The parties and the Court will use this designation in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The following claim survives threshold review:

Count 1 - Butts and Torbeck were deliberately indifferent to a serious risk of harm when they exposed Plaintiff to blood containing Hepatitis C without adequate safeguards like a mask and/or gloves.

         Plaintiff's status at the Fayette County Jail is not completely clear; he may be a pre-trial detainee. However, the Seventh Circuit has found that it is not error for a district court to use the Eighth Amendment and Fourteenth Amendment standards interchangeably. See Sain v. Wood, 512 F.3d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.