United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON, DISTRICT JUDGE.
Gregory Stout, an inmate in Pinckneyville Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff seeks declarative relief and compensatory damages.
This case is now before the Court for a preliminary review of
the Complaint 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
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.
alleges that he was jogging in the #4 yard on November 4,
2017, when he fell and broke his leg. (Doc. 1, p. 3).
Plaintiff was escorted to the health care unit. (Doc. 1, p.
4). Tim, a nurse practitioner, examined plaintiff and
diagnosed him with a soft-tissue injury. Id.
Plaintiff disagreed and told Tim several times that his leg
was broken. Id. Tim gave plaintiff an ace bandage,
ice, and Motrin. Id. Plaintiff was kept in the
infirmary overnight. Id. About 20 minutes after
being placed in an infirmary cell, plaintiff requested a
doctor from the C/O. Id. Plaintiff's leg was
pulsing with pain; he had never been in so much pain in his
life. (Doc. 1, p. 5).
returned to examine plaintiff again. Id. He said,
“The C/O said you w[ere] crying, but I do not see you
crying now.” Id. Tim said plaintiff was stupid
and didn't know what he was talking about. Id.
Tim said he had 30 years' experience and he was not
sending plaintiff to the hospital. Id.
on, Ridgeway came in to distribute medication. Id.
Plaintiff told her that his leg was broken and asked to be
sent to the hospital. Id. Ridgeway said that was
beyond her pay grade and not going to happen. (Doc. 1, p. 6).
Plaintiff asked her to go over Tim's head, but she only
replied, “like I said, above my pay grade.”
Butalid examined plaintiff the next day. Id. He
examined plaintiff's leg and ordered x-rays. Id.
He also said plaintiff needed to go to the emergency room.
Id. Plaintiff begged Butalid to send him to the
hospital. Id. But Butalid did not order an
ambulance, and so plaintiff had to wait until the following
day before he was escorted to the hospital. Id.
Plaintiff was finally taken to the hospital on November 6,
2017. Plaintiff never received x-rays at Pinckneyville,
despite the fact that they have an x-ray machine on the
grounds. (Doc. 1, pp. 6-7).
was transported to the hospital by Hawk and Reams. (Doc. 1,
p. 7). They shackled plaintiff by the waist and ankle, and
when plaintiff could not walk, they dragged him into the van
by his arms. Id. Hawk and Reams did not call an
ambulance or even use the prison's ADA van. Id.
taken of plaintiff's leg at the local hospital showed
that it was broken in 4 places. Id. Plaintiff was
scheduled for a referral with an orthopedic surgeon, but in
the meantime, he was released back to the prison. (Doc. 1,
pp. 7-8). Plaintiff was continually physically dragged to and
from the transport van. Id. Plaintiff was not