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Sill v. More

United States District Court, S.D. Illinois

March 21, 2018

NATHAN M. SILL, # B83157, Plaintiff,
v.
JILL MOORE, and JOHN DOE, Defendants.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT UNITED STATES DISTRICT JUDGE

         Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is presently incarcerated at Menard Correctional Center. Plaintiff brings claims pertaining to his arrest and subsequent detention at the Saline County Jail (“Jail”). In connection with his claims, Plaintiff names Jill Moore (Medical Supervisor, Jail) and John Doe (Physician, Jail).

         This case is now before the Court for a preliminary review of the First Amended 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).

         The Complaint

         On January 24, 2017, Plaintiff was arrested and detained at the Jail. (Doc. 1, p. 5). Prior to being arrested, Plaintiff had been prescribed medication “that worked for [him].” Id. Plaintiff asked “the medical staff (Jill Moore)” if he could receive the same medication. Id. Apparently, Moore declined to provide Plaintiff with unspecified “mental illness” medication. Id. However, Plaintiff did receive Lithium, [1] Cogentin, [2] and Gabapentin.[3] Id. Plaintiff “talked to them” but “they still said no.” Id. Plaintiff also wrote to “the CPT” but did not receive a response. Id.

         Designation of Counts

         Based on the allegations of the Complaint, the Court has divided the pro se action into the following counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. These designations do not constitute an opinion as to merit. Any other claim that is mentioned in the Complaint but not addressed in this Order should be considered dismissed without prejudice under the Twombly pleading standard.

Count 1: Inadequate medical care claim against Moore and John Doe for declining to provide ...

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