United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
REBECCA PALLMEYER UNITED STATES DISTRICT JUDGE
renewed motion to dismiss [#92] the amended complaint for
failure to state a claim is granted in part and denied in
part. The court dismisses Michael Lemke, Tarry Williams,
Michael Magana, and Salvador Godinez as Defendants pursuant
to Fed.R.Civ.P. 12(b)(6). The court denies the motion to
dismiss as to Defendant Marcus Hardy. The court directs
Defendant Hardy to answer or otherwise plead by February 26,
2018. Plaintiff's request to recruit counsel to identify
John and Jane Doe medical care providers is denied. This
matter is set for a telephone status conference with
Plaintiff on March 8, 2018, at 8:30 a.m. Defense counsel
should initiate the call from his office.
Cornell Drapes, an Illinois state prisoner, has brought this
civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff claims that Defendants, five former wardens at the
Stateville Correctional Center, violated Plaintiff's
constitutional rights by acting with deliberate indifference
to his serious medical needs. Plaintiff alleges that he was
denied timely care and treatment for a growth on his vocal
counsel for Plaintiff filed a First Amended Complaint. After
the court permitted counsel to withdraw, Plaintiff chose to
stand on his amended complaint rather than draft a second
amended complaint. This matter is before the court for ruling
on Defendants' renewed motion to dismiss the amended
complaint for failure to state a claim. For the reasons
stated in this order, the motion is granted in part and
denied in part.
Cornell Drapes is an Illinois state prisoner. (R. 20, First
Amended Complaint, ¶ 2.) Plaintiff was incarcerated at
the Stateville Correctional Center at all times relevant to
this lawsuit. (Id.) Defendant Marcus Hardy was
Stateville's warden from December 2009 to January 2013.
(Id., ¶ 3.) Defendant Michael Lemke was the
warden at Stateville from January 2013 to December 2013.
(Id., ¶ 4.) Defendant Michael Magana was the
prison's warden from December 2013 to March 2014.
(Id., ¶ 5.) Defendant Tarry Williams was
Stateville's warden from December 2013 to March 2014.
(Id., ¶ 6.) The First Amended Complaint also
alludes to a “Defendant John or Jane Doe [who] was (or
is) the person(s) responsible from screening sick call
requests from August 17, 2009, until today.”
(Id., ¶ 7.)
alleges the following facts, assumed true for purposes of the
motion to dismiss: Prior to his arrival at Stateville in June
2012, Plaintiff was under care and treatment for throat
issues and other medical issues. (Id., ¶ 10.)
Outside doctors had performed a biopsy of a growth on
Plaintiff's vocal cords, but he had never received the
results. (Id.) Plaintiff therefore did not know
whether the lesion was cancerous. (Id.)
his intake at Stateville, Plaintiff underwent a medical
screening. (Id.) Plaintiff advised the medical staff
that he needed to see a doctor about the growth on his vocal
cords. (Id.) The medical team informed Plaintiff
that no physician was available that day, but they assured
him that he would see a doctor within a week or two.
condition became progressively worse while he waited to see a
doctor. (Id., ¶11.) Plaintiff could barely
speak, and he sucked on cough drops “constantly”
to soothe his sore throat. (Id.) On two different
occasions, Plaintiff encountered an assistant warden
(Edwards, not a named Defendant) and relayed his concerns.
Edwards promised to make sure Plaintiff was seen by a doctor,
but no one in the health care unit scheduled an appointment
with him or summoned him to see a physician. (Id..)
Plaintiff submitted sick-call requests and eventually filed a
grievance, but his efforts did not result in a doctor's
unspecified date, Plaintiff wrote letters to Defendant Hardy
and to the health care unit administrator concerning his
ongoing health issues. (Id., ¶ 12.) Neither
responded to Plaintiff's request for assistance.
August 2012, a physician's assistant went to
Plaintiff's cell to discuss his medical concerns with
him. (Id., ¶ 13.) She, too, promised Plaintiff
that he would see a doctor, but no medical examination
weeks later, Defendant Hardy spoke to Plaintiff as he was
making his rounds. (Id.) Hardy instructed Plaintiff
to write to him if he did not see a doctor soon.
(Id.) Plaintiff wrote Hardy a letter on August 31,
2012,  but he received no response to the letter
and did not see a doctor. (Id.)
Plaintiff continued to submit letters and grievances to the
prison administration. (Id., ¶ 14.) In October
2012, Plaintiff filed an emergency grievance. (Id.)
Plaintiff reported that he had made at least ten requests for
medical care, that he was losing his voice, and that his
condition was “urgent.” (Id.)
another grievance, filed on December 4, 2012, Plaintiff
stated that two doctor's appointments had been made for
him, but that both were cancelled without his seeing anyone.
(Id.) By that point, Plaintiff's condition had
deteriorated to ...