United States District Court, S.D. Illinois
MEMORANDUM & ORDER
MICHAEL J. REAGAN, United States District Court Chief Judge.
John Holmon, an inmate who is currently incarcerated at
Menard Correctional Center (“Menard”), brings
this civil rights action pursuant to 42 U.S.C. § 1983
against the prison's nursing director, Holly Hawkins.
(Doc. 1). Plaintiff claims that the prison's medical
staff refused to dispense his prescription medication for
high blood pressure in December 2017 and January 2018. (Doc.
1, p. 5). When Plaintiff asked Nursing Director Hawkins to
intervene, she allegedly ignored his request. Id. He
now brings this civil rights action against the nursing
director. Id. Plaintiff seeks monetary damages
against this defendant and termination of her employment at
the prison. (Doc. 1, p. 6).
case is now before the Court for preliminary review of the
Complaint (Doc. 1) 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.
2009). The Complaint survives preliminary review under this
to the allegations in the Complaint, Plaintiff requires
prescription medication for hypertension. (Doc. 1, p. 5). In
December 2017, the medical staff at Menard stopped
administering Plaintiff's medication to him. Id.
For more than a month, he went without it. Id.
During this same time period, Plaintiff suffered from intense
headaches and frequent nosebleeds. Id.
wrote a number of grievances to the prison's nursing
director, Holly Hawkins. (Doc. 1, p. 5). He informed her that
the medical staff refused to dispense his prescription
medication. Id. Plaintiff also complained about his
related headaches and nosebleeds. Id. He requested
the nursing director's assistance in obtaining his
medication. Id. Plaintiff alleges that Nursing
Director Hawkins ignored his requests for more than a month.
Id. As a result, he suffered unnecessarily.
facilitate the orderly management of future proceedings in
this case, and in accordance with the objectives of Federal
Rules of Civil Procedure 8(e) and 10(b), the Court deems it
appropriate to organize the claims in Plaintiff's pro
se Complaint (Doc. 1) into the following counts:
Count 1 - Eighth Amendment deliberate
indifference to medical needs claim against Nursing Director
Hawkins for refusing to intervene and assist Plaintiff in
obtaining prescription refills of his blood pressure