United States District Court, S.D. Illinois
GARY A. LAVITE, Plaintiff,
JOHN LAKIN, PAUL SARDAGE, JAY SANDIDGE, RANDY YOUNG, PATTERSON, BLAKEY, and CRAIG Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT U.S. DISTRICT JUDGE
Gary A. Lavite, an inmate in Madison County Jail, brings this
action for deprivations of his constitutional rights pursuant
to 42 U.S.C. § 1983. Plaintiff requests injunctive
relief and 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
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.
submitted a motion for a preliminary injunction to the Court
on November 22, 2017. (Doc. 1). On November 28, 2017, the
Court instructed Plaintiff that it was inappropriate to
initiate an action without a complaint, and directed
Plaintiff to file a complaint no later than December 27,
2017. (Doc. 3). Plaintiff submitted the Complaint on December
motion for preliminary injunction stated that Plaintiff
suffered a skull fracture prior to his incarceration on April
24, 2017, for which he was transferred to Barnes Jewish
Hospital. (Doc. 1, p. 1). Plaintiff entered Madison County
Jail on September 22, 2017, and told the staff that he had a
skull fracture. (Doc. 5, p. 5). He alleges that an unknown
nurse called him a liar, and charged him $10 to order his
medical records. Id.
filed a grievance over the medical care, and in response,
Randy Young sent him to segregation. Id. Plaintiff
was in segregation from September 28, 2017 until November 8,
2017. Id. Plaintiff alleges that the cell lacked
running water or hot water, and that “they” took
his toothbrush and toilet paper. Id. Plaintiff was
also deprived of warm food in favor of chips and cookies.
Id. Sardage threatened Plaintiff that he would
“choke the life out of him, ” and served
Plaintiff spoiled food. Id. Sandidge consistently
threw Plaintiff's trays on the ground and/or denied
Plaintiff food. (Doc. 5, pp. 5-6). Patterson taunted
Plaintiff and “played games” with his food and
drinking water. (Doc. 5, p. 6). Blakey and Craig denied
Plaintiff water and threw food across the cell Id.
Plaintiff was also deprived of a shower for over a month.
Id. As a result of the food deprivations, Plaintiff
felt weak and sick, and believes that his ribs became more
attached a copy of a grievance and the relevant responses to
the Complaint, alleging that he has not received his
medication for his skull fracture or his asthma, and that he
needs an outside referral for further hospital tests and
surgery as a result of his skull fracture because he is dizzy
all the time, drools, and has vision problems with his left
eye. (Doc. 8, p. 12). Young's response indicates that
Plaintiff had been given Elavil and Albuterol to treat his
symptoms from his skull fracture and his asthma, and that no
medical provider had determined that Plaintiff needed
additional follow up care from Barnes for his skull fracture.
(Doc. 5, pp. 9-10).
on the allegations of the Complaint, the Court finds it
convenient to divide the pro se action into 4 counts. The
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a