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Owens v. B. Tripp

United States District Court, S.D. Illinois

January 3, 2018

BRANDON OWENS, #S09026, Plaintiff,
v.
B. TRIPP, S. KIRK, WALSH, TARA CHADDERTON, CHAD FRIERDICH, and TROST, Defendants.

          MEMORANDUM AND ORDER

          HERNDON, DISTRICT JUDGE:

         Plaintiff Brandon Owens, an inmate in Menard Correctional Center, brings this action pursuant to 42 U.S.C. § 1983 for alleged deprivations of his constitutional rights. In his Complaint, Plaintiff claims 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, 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 allow this case to proceed past the threshold stage.

         The Complaint

         In his Complaint (Doc. 1), Plaintiff makes the following allegations: on December 22, 2016, Defendant Tripp “gave Plaintiff milk of magnesia, docusate sodium, and diagnosed Plaintiff with constipation and had [him] returned to his cell” when “Plaintiff came to [him] with [his] face wet in sweat, bent over clutching his stomach in excruciating pain.” (Doc. 1, pp. 5-6). On December 23, 2016, Plaintiff came before Defendant Kirk “visibly unable to walk, complaining of unbearable pain in [his] stomach, and [Kirk] did nothing, knowing Plaintiff would be given no other medical care.” (Doc. 1, p. 6).

         On December 23, 2016, after Plaintiff complained to Defendant Chadderton “of unbearable stomach pain stabbing in Plaintiff's abdomen, ” Chatterton gave Plaintiff two cups of milk of magnesia and returned Plaintiff to his cell, knowing he would not receive any other medical care. Id. On December 24, 2016, when Plaintiff came before Defendant Frierdich complaining of “pain beyond his ability to bare, confining Plaintiff to a wheelchair, and leaving Plaintiff nearly unable to speak, ” Frierdich gave Plaintiff Tylenol and put him in the hospital on a 24-hour liquid diet. Id.

         On December 24, 2016, “when Plaintiff, confined to a wheelchair, complained of pain beyond his ability to bare” that “started radiating to Plaintiff's scrotum” while he was “nearly unable to speak, ” Defendant Walsh told Plaintiff that he was suffering from kidney stones. Id. Hours later, Plaintiff was transferred to Chester Memorial and immediately taken into surgery for a “near fatal busted appendix.” Id. Defendant Trost was repeatedly informed, from December 22 to December 24, 2016, that “Plaintiff complained of suffering excruciating, unbearable, stabbing pain to his abdomen and scrotum, leaving Plaintiff confined to a wheelchair nearly unable to speak with a busted appendix.” (Doc. 1, p. 7). Despite this, Trost did nothing until late in the afternoon on December 24, 2016. Id.

         Plaintiff seeks monetary damages and permanent injunctive ...


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