United States District Court, S.D. Illinois
SCOTT A. MEDFORD, Y22728, Plaintiff,
C/O SMITH, JOHN DOE, NURSE BARBARA, PHILLIP MCLAURIN, MIKE RESPORRA, C/O FORDSON, and JOHN DOE, Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT U.S. DISTRICT JUDGE
Scott Medford, an inmate who is currently incarcerated at
Menard Correctional Center, brings this pro se
action for violations of his constitutional rights under 42
U.S.C. § 1983 that allegedly occurred at St. Clair
County Jail (“Jail”). (Doc. 22). Pursuant to
George v. Smith, 507 F.3d 605 (7th Cir. 2007), six
claims were severed from this action, leaving several counts
regarding boil orders at the Jail, Plaintiff's need for
medication and an initial mental health assessment at the
Jail, and Plaintiff's access to the law library, at issue
in this case.
case is now before the Court for a preliminary review of
those claims pursuant to 28 U.S.C. § 1915A, which
(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.
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.
fully considering the relevant allegations in Plaintiff's
Third Amended Complaint, the Court concludes that this action
will be referred past the threshold stage.
Third Amended Complaint
Third Amended Complaint (Doc. 22), Plaintiff makes the
February 2, 2017, Plaintiff woke to decreased water pressure
at 8:00am. (Doc. 22, p. 11). At 9:00am, the detainees were
told not to drink the water. Id. They asked Nurse
Barbara for clean water and were denied. Id. C/O
Smith “then told the block it was safe to drink the
water.” Id. Smith had been told at roll call
that the inmates were not supposed to drink the water.
Id. Plaintiff then got sick, with stomach pain,
headache, and diarrhea for 24 to 48 hours. Id.
Plaintiff “was losing more fluids and wasn't
getting enough water, [and] the medical staff did not answer
[Plaintiff's] complaints, knowing [they] couldn't
drink the water.” Id.
Medical Staff Neglect
Clair County medical staff neglected to give Plaintiff
medication that he was prescribed in 2010 by Dr. Onmayad
prior to his transfer to the Jail. Id. When
Plaintiff was screened at the Jail at the beginning of his
incarceration, he told them he had mental problems and had
been prescribed medication for it by Dr. Onmayad.
Id. “They never gave [Plaintiff his]
medication or anything else to help treat [his] mental issues
which [Plaintiff] felt got worst [sic] or made [him] feel not
right.” (Doc. 22, pp. 11-12). It took four months for
Plaintiff to get assessed again for his mental health. (Doc.
22, p. 12). Plaintiff submitted multiple captain complaints
and sick calls about medical issues to medical staff
supervisors and administration. Id. Plaintiff
“constantly asked nurses for help during med-pass but
nothing was done.” Id. A lack of mental health
medication causes Plaintiff “serious mental health
harm” and made it unbearable for him to be
knew about it from day one when ‘John Doe' did the
screening.” Id. St. Clair County
administration Phillip McLaurin “is avoiding the
grievance procedure by not acknowledging the Captain
Complaint forms.” Id.
Access to Law Library
was denied access to the law library January 22, 2017 through
April 2, 2017. Id. “Staff members are also
inadequate in their assistance of detainees with respect to
preparing meaningful legal documents.” Id.
Mike Resporra and C/O Fordson “refuse to get inmates
copies, and inmates also cannot purchase pens at commissary,
which makes it difficult for them to complete legal
documents.” Id. There is just one computer for
400 inmates, and it “is always not working.”
(Doc. 22, pp. 12-13). There are also no books in the law
library, and “there is no assistance.” (Doc. 22,
p. 13). Plaintiff submitted captain complaint forms but
received no response. Id. Plaintiff saw Sgt. Nichols
not taking the captain complaint forms so that they would not
be addressed. Id. Despite this, McLaurin “is
aware of the library situation.” Id. This
four-month denial of ...