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Shanklin v. St. Clair County Jail

United States District Court, S.D. Illinois

February 13, 2018

EMON SHANKLIN, Plaintiff,
v.
ST. CLAIR COUNTY JAIL, WEXFORD, and LPN APRIL, Defendants.

          MEMORANDUM AND ORDER

          GILBERT, DISTRICT JUDGE

         This matter is now before the Court for preliminary review of the First Amended Complaint filed by Plaintiff Emon Shanklin. (Doc. 8). Plaintiff is currently detained at St. Clair County Jail in Belleville, Illinois. (Doc. 8, p. 1). He brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Id. Plaintiff claims that a Jail nurse administered him the wrong medication on April 30, 2017. (Doc. 8, p. 5). In connection with this claim, Plaintiff seeks money damages from the nurse (Nurse April), the medical provider (Wexford), and the Jail (St. Clair County Jail). (Doc. 8, p. 9).

         The First Amended Complaint is now before the Court for preliminary review 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).

         First Amended Complaint

         Plaintiff alleges that Nurse April gave him the wrong medication at the Jail on a single occasion, i.e., at 9:37 a.m. on April 30, 2017. (Doc. 8, p. 5). When he realized the mistake, Plaintiff “took the last pill out of [his] mouth” and informed the nurse about the error. Id. In response, Nurse April asked Plaintiff if his name was “Steven Johnson.” Id. Another nurse then checked Plaintiff's blood pressure. Id. While doing so, she noticed his lips shaking. Id. Plaintiff offers no other information in the First Amended Complaint about the medication, the dosage, or other side effects. Id.

         Discussion

         To facilitate the orderly management of future proceedings in this case, and in accordance with the objectives of Federal Rules of Civil Procedure 8(e) and 10(b), the Court deems it appropriate to organize the claim in Plaintiff's pro se First Amended Complaint into the following count:

Count 1 - Eighth and/or Fourteenth Amendment claim against the defendants for administering Plaintiff the wrong medication at the Jail on April 30, 2017.

         The parties and the Court will use this designation in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of this claim does not constitute an opinion regarding its merits. Any other claims that are encompassed by theallegations in the First Amended Complaint but not identified above fail to satisfy theTwombly ...


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