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Podkulski v. Trost

United States District Court, S.D. Illinois

February 7, 2018

STEVE PODKULSKI, Plaintiff,
v.
TROST, BUTLER, WILLIAMS, LYRCIA, JOHN DOE #1, NIEPERT, JOHN DOE #2, and JANE DOE Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL, United States District Judge

         Plaintiff Steven Podkulski, a former inmate of Menard Correctional Center, brings this action seeking damages for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.

         Because Plaintiff has been released from custody, the Court will conduct a preliminary review of the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), which provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal --
i. is frivolous or malicious;
ii. fails to state a claim on which relief may be granted; or
iii. seeks monetary relief from a defendant who is immune from such relief.

         The Court's initial review of the Complaint suggests that there are parties and claims that are improperly joined in this action pursuant to Federal Rule of Civil Procedure 20. Thus, before screening the case on the merits, the Court must sever this action into separate cases.

         The Complaint

         Plaintiff alleges that he arrived at Menard on May 6, 2017. (Doc. 1, p. 3). He experiences difficulty walking due to a neurological issue and uses a wheelchair. Id. Despite this, Trost, Butler, Williams, and Lyrcia allowed his wheelchair to be taken away from him. Id.

         Prior to his time at Menard, Plaintiff had been prescribed the seizure medication “Onfi, ” but Trost would not approve the medication because he was allegedly deliberately indifferent to Plaintiff's seizures. Id. Plaintiff alleges that as a result of his condition, he suffers from both urinary and fecal incontinence, yet Trost, Butler, Williams, and Lyrcia made no provision for him to have hygiene supplies or use anything but his personal sink for cleaning purposes. Id. Plaintiff alleges that for at least a one week period, he had nothing to clean himself with but water and his hands, and that during the same time period, he had to use his hands to eat his meals. Id. Plaintiff alleges that he was denied medical treatment because Menard has a policy of cutting medical care to save on costs. (Doc. 1, p. 5).

         Plaintiff asked to be single-celled as a result of his post-traumatic stress disorder (“PTSD”) and panic attacks, but John Doe #1, the psychiatrist, told him that he didn't care. (Doc. 1, pp. 3-4). Plaintiff was double-celled and, as a result, attempted suicide. (Doc. 1, p. 4).

         Plaintiff alleges that Niepert never responded to his grievances. Id. He sent copies to Butler, Williams, and Lyrcia. Id. Plaintiff alleges that Menard has a policy and practice of refusing to respond to grievances. (Doc. 1, pp. 4-5).

         On May 26, 2016, Plaintiff was in the receiving area when he had a seizure, which left him covered in feces and urine. (Doc. 1, p. 4) Jane Doe Nurse and John Doe #2 left him lying in his waste for a few days, despite the fact that Plaintiff told them he couldn't move. Id. Plaintiff's food was thrown into ...


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