United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, United States District Judge
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. §
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.
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.
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.
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).
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).
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.
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 ...