United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE.
Terrance Lovett, an inmate in Pinckneyville Correctional
Center, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983.
Plaintiff alleges that, when he was incarcerated at Vandalia
Correctional Center (“Vandalia”), Defendants were
deliberately indifferent to the injuries he sustained on
February 8, 2016, when he was assaulted by another inmate,
resulting in multiple facial fractures. In connection with
these claims, Plaintiff sues Craig A. Foster (Warden,
Vandalia), Dr. Atuwape (Medical Doctor), Jane Doe (Nurse,
Vandalia), and John Doe (Correctional Officer, Segregation
Housing Unit, Vandalia). Plaintiff seeks monetary damages.
case is now before the Court for a preliminary review of the
Complaint 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
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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; this action is subject to summary
February 8, 2016, Plaintiff was assaulted by another inmate.
(Doc. 1, p. 5). Plaintiff was kicked in the face, resulting
in multiple fractures and leaving Plaintiff nearly
unconscious. Plaintiff was taken to the healthcare unit where
he was examined by “several members of the nursing
staff” and “the doctor.” Id. After
being examined, Plaintiff was transported to the Fayette
County Hospital. Id. Additional testing was
performed, and Plaintiff was returned to Vandalia without
receiving any additional treatment. Id.
returning to Vandalia, Plaintiff was placed in the infirmary.
Id. After two days and three nights in the
infirmary, he was taken to segregation. Id.
Plaintiff's placement in segregation was the result of
Plaintiff being charged with fighting in connection with the
assault on February 8, 2016. Id. Plaintiff remained
in segregation for two weeks. Id. During this time,
he complained about being in pain, but he was only given
was released from segregation and placed in the general
population for a few days before being returned to
segregation. Id. Plaintiff continued to complain
that he was in a considerable amount of pain and in need of
medical attention. Id. According to the Complaint,
Plaintiff visited the healthcare unit several times, but no
specifics are provided regarding what type of care he
received and who provided that care. Id. After
several weeks, Plaintiff was examined by Dr. Swanson, a
private physician in Effingham, Illinois. Id. Dr.
Swanson told Plaintiff he was suffering from multiple facial
fractures that should have been treated much sooner.
March 8, 2016, Plaintiff underwent a procedure to correct his
injuries. (Doc. 1, p. 6). Plaintiff was surgically fitted
with a metal/titanium plate under the skin and over the
fractured bones in his face. Id. The plate was
secured in place ...