Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lovett v. Foster

United States District Court, S.D. Illinois

February 16, 2018

TERRANCE LOVETT, # R08116, Plaintiff,



         Plaintiff 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.

         This 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 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).

         Upon 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 dismissal.

         The Complaint ]

         On 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.

         Upon 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 Ibuprofen. Id.

         Plaintiff 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. Id.

         On 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.