United States District Court, S.D. Illinois
TIMOTHY W. ELKINS, JR., #Y24242, Plaintiff,
THOMAS SCHMIDT, SGT. SELLERS, CIT OFFICER, B.K., A., and V.B., Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN CHIEF JUDGE
Timothy Elkins, Jr., an inmate in Jacksonville Correctional
Center, brings this action pursuant to 42 U.S.C. § 1983
for deprivations of his constitutional rights that allegedly
occurred at the Madison County Jail (“Jail”). In
his Complaint, Plaintiff claims the defendants were
deliberately indifferent to his serious medical and mental
health issues in violation of the Eighth Amendment. (Doc. 1).
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.
careful review of the Complaint and any supporting exhibits,
the Court finds it appropriate to allow this case to proceed
past the threshold stage.
Complaint (Doc. 1), Plaintiff makes the following
allegations: on January 31, 2017, Plaintiff was booked in the
Jail. (Doc. 1, p. 6). Plaintiff has been taking Xanax for
severe anxiety disorder since approximately 2003.
Id. The Jail was aware of Plaintiff's anxiety,
depression, and drinking problem, but Plaintiff did not see
mental health about any of these issues. Id.
Plaintiff did not get treatment for his depression until May
27, 2017. (Doc. 1, p. 7). He was never treated for alcohol
withdrawal, which caused him problems eating and using the
restroom. Id. Plaintiff “quickly lost a lot of
weight.” Id. He already had bowel issues,
including a bowel rupture and surgery in 2006. Id.
He “lost about 50 pounds in a short time.”
Id. Plaintiff sent multiple requests about his
anxiety depression, sleeplessness, and trouble eating and
using the restroom. Id.
also needed dental work, which was not completed until June
27, 2017, at which point seven of his teeth had to be pulled.
Id. When his teeth were pulled, “on the few
days after when [he] ran out of cotton, [he] had to use [his]
clothes to soak the blood in [his] mouth because no officer
would give [him] cotton for it.” (Doc. 1, p. 8).
Plaintiff sent multiple requests for dental care from March
21, 2017 to June 21, 2017 prior to receiving care. (Doc. 1,
neglect caused Plaintiff to have a breakdown on August 10 at
9:45pm, at which point he gave a note to Deputy Harold Wilson
that stated: “I am having thoughts of killing
myself.” Id. Plaintiff was placed on suicide
watch that night. (Doc. 1, p. 6). While Plaintiff was on
Block A South, he “was forced to drink hot water for
about 2 months. [His] food was also taken by other
inmates.” (Doc. 1, p. 7).
23, 2017, when Plaintiff stood up in front of Cell #8 on
Block D North, he fell and hit his head on the chuck hole.
Id. Plaintiff gashed a 2.5 inch tear in his forehead
and has a permanent scar there because of medical neglect.
Id. He also suffers from constant neck pain that
goes up and down in his back and head. Id. His
“memory is bad also, mostly short term.”
Id. Deputy Thomas Schmidt and Sgt. Sellers took
photographs of the injury and determined it did not need
medical treatment, though they are not qualified to make that
decision. (Doc. 1, pp. 7-8). Plaintiff needed stitches on his
head. (Doc. 1, p. 8). Plaintiff's head and neck were
never treated by a doctor. Id. “They just put
a butterfly stitch and a bandaid on it.” Id.
Plaintiff filed a grievance on these issues on August 21,
2017, but he never received a response. Id.
at the Jail, Plaintiff “observed little black maggots
in the sink and raw sewage leaks in the walkway that ...