United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE U.S. District Judge
Chris Njos, an inmate at Menard Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. He seeks compensatory and
punitive damages, as well as a preliminary injunction. (Doc.
4). This case is now before the Court for a preliminary
review of the Complaint pursuant to 28 U.S.C. § 1915A,
(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.
December 2016, Plaintiff began to experience health issues,
which he alleges have been met with deliberate indifference
by the staff at Menard. (Doc. 1, p. 5). Specifically,
Plaintiff has had a swollen lymph node behind his left ear
since December 2016, which has caused him pain, pressure in
his neck, lightheadedness, and dizziness. Id. He has
also consistently experienced high blood pressure.
April 9, 2017, a non-defendant guard, Sgt. Smith, noticed
that Plaintiff was dizzy and asked the health care unit to
send a wheelchair and admit Plaintiff on an emergency basis.
Defendant Jane Doe refused to send a wheelchair because
Plaintiff “had been to health care too many times
already.” (Doc. 1, pp. 5-6). Plaintiff was eventually
escorted to the health care unit where he was examined by
Defendant Marshall. (Doc. 1, p. 6). Despite reading
Plaintiff's blood pressure as 170/100, Marshall, contrary
to the health care unit's policy, declined to issue an
emergency referral for Plaintiff. Id. Plaintiff also
told Marshall that his blood pressure medication was not
working; Marshall instructed Plaintiff to “take it
easy” and sent him back to his cell house. Id.
had a pass to see Defendant Dr. Coe on May 4, 2017, but when
he arrived in the health care unit, Coe informed him that his
pass should have been cancelled. (Doc. 1, p. 7). Coe
conducted a perfunctory exam of Plaintiff's neck and took
his blood pressure. Id. Coe told Plaintiff there
would be a follow-up visit the following week, but he never
followed up with Plaintiff. Id.
saw Marshall again on May 13, 2017. Id. Marshall put
Plaintiff on the doctor's call list, but despite multiple
sick call slips, Plaintiff did not see Coe again until May
26, 2017. (Doc. 1, pp. 7-8). Plaintiff alleges that John/Jane
Does did not “do their jobs” in refusing to
process Plaintiff's sick call slips. (Doc. 1, p. 7).
the May 26, 2017 visit with Dr. Coe (which was
Plaintiff's annual physical), Plaintiff tried to raise
his swollen lymph node and blood pressure issues, but Dr. Coe
refused to discuss them. He told Plaintiff “this place
is going to shit” and that he planned on leaving soon.
(Doc. 1, p. 8).
8, 2017, Plaintiff was escorted to the health care unit
again, where Coe refused to listen to him, painfully squeezed
his swollen neck, and made his ear bleed. (Doc. 1, p. 9). Coe
diagnosed an ear infection. When Plaintiff complained that it
had taken 6 months to get a diagnosis, Coe screamed,
“You have aids! We're done!” Id.
days later, Plaintiff suffered what he believed to be a
seizure, and was taken to the health care unit with high
blood pressure. (Doc. 1, pp. 9-10). He was placed on a
24-hour hold, but Defendant Walters released him back to
general population to make room, despite the fact that the 24
hours had not elapsed. (Doc. 1, p. 10). Walters told
Plaintiff that a doctor would check on him right away, but no
one came. (Doc. 1, pp. 10-11). A med tech referred Plaintiff
to the doctor the next day on June 11, 2017. (Doc. 1, p. 11).
saw Defendant Dr. Siddiqui on June 14, 2017. Id. He
recommended a CT scan on Plaintiff's neck and a neurology
evaluation. Id. The CT scan was performed on July
18, 2017. Id.
did not have a follow-up visit to discuss the results of the
CT scan until August 13, 2017. (Doc. 1, p. 12). Dr. Siddiqui
told Plaintiff that there was nothing wrong with him, but
Plaintiff pointed out that the CT scan showed 1) lesions on
his major salivary glands, 2) mild bilateral maxillary sinus
disease; and 3) mild scoliosis of ...