United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle United States District Judge.
Kennard Daniels, an inmate at Centralia Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff claims
that the defendants have been deliberately indifferent to his
serious medical issues, in violation of the Eighth Amendment.
(Doc. 1). This case is now before the Court for a preliminary
review of the Complaint pursuant to 28 U.S.C. § 1915A,
(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.
Court is also encouraged to sever unrelated claims against
different defendants into separate lawsuits during screening.
See George v. Smith, 507 F.3d 605, 607 (7th Cir.
2007). This is to prevent inmates from flouting ".. .the
rules for joining claims and defendants, see FED. R.
Civ. P. 18, 20, or [from circumventing] 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). Thus,
consistent with George, Owens and Wheeler,
any unrelated claims will be severed into new cases, given
new case numbers and assessed separate filing fees.
Complaint (Doc. 1), Plaintiff makes the following allegations
regarding the alleged mistreatment of his medical condition
at Lincoln Correctional Center ("Lincoln") and
Centralia Correctional Center ("Centralia").
20, 2014, Plaintiff notified Nurse Grady that he was having
complications with his throat, including severe pain and
bleeding. (Doc. 1, p. 6). At that time, "the Defendants
provided very little to no medical treatment."
Id. On May 27, 2014, Plaintiff told Nurse Rose about
his sore throat and the pain and bleeding that he had been
experiencing since April 4, 2014. Nurse Rose treated him with
acetaminophen 325 and CTM 4mg, as if he had an upper
respiratory infection. Id. Plaintiff complained to
Nurse Tripplett about his sore throat on June 7, 2014.
Id. Tripplett documented Plaintiffs pain,
swallowing, history of sore throats, redness and enlarged
tonsils. Id. Neither Tripplett nor the defendants
provided Plaintiff with medical treatment at that time.
11, 2014, Plaintiff filed an emergency grievance requesting
medical attention. (Doc. 1, p. 7). On June 12, 2014,
Plaintiff complained of throat complications to Nurse
Jennings. Id. At that time, Plaintiff was admitted
to the infirmary at the Health Care Unit ("HCU").
30, 2014, Plaintiff complained to Nurse Hurst about his sore
throat and complications. Id. Hurst treated
Plaintiff as if he had an upper respiratory infection and
only provided him with acetaminophen and CTM 4mg.
September 5, 2014, Defendant Lercher responded to Plaintiffs
emergency grievance by providing a summary of the days that
Plaintiff has been to a nurse sick call. Id. Lercher
noted that Plaintiff was diagnosed with having Chronic
Tonsillitis, that he has been on different treatments, and
that there is no follow up care. Id.
complained about a sore throat to Nurse Alexander on
September 15, 2014 and told him that he was coughing up blood
and had redness, enlarged tonsils, carnal red tympanic
membrane, enlarged lymph nodes and difficulty swallowing.
(Doc. 1, pp. 7-8). On September 22, 2014, Plaintiff
complained again to a nurse about his throat being sore and
enlarged. (Doc. 1, p. 8).
September 28, 2014, Plaintiff complained of his sore throat
issue to Defendant Shah. Id. Shah provided little to
no treatment to Plaintiff. Id. Plaintiff s medical
progress notes dated October 23, 2014 indicate that his
throat was sore, he had large tonsils and that his neck nodes
had been swollen for over 5 months. Id. He was given
Amoxicillin, Medrol and Augmentin, but none of them
benefitted him. Id.
his visit with Dr. Shah on October 23, 2014, Shah informed
Plaintiff that there was no medical procedure (such as a
surgery) that could be performed to alleviate his
tonsillitis, noting that this was because the Illinois
Department of Corrections ("IDOC") would not pay
for nor send inmates out to receive treatment for conditions
such as Plaintiffs. (Doc. 1, pp. 8-9). However, "a
tonsillectomy is the only proper procedure for"
Plaintiffs condition. (Doc. 1, p. 9). After Plaintiffs family
contacted Lincoln Correctional Center, IDOC and Wexford
concerning his throat issue, Plaintiff was transferred to
Centralia Correctional Center. Id.