United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN Chief Judge United States District Court
Tirnell Williams, an inmate in Pinckneyville Correctional
Center, brings this action pursuant to 42 U.S.C. § 1983
for alleged deprivations of his constitutional rights. In his
Complaint, Plaintiff claims the defendants have been
deliberately indifferent to his serious medical issues in
violation of the Eighth Amendment and have violated his
rights under the Americans with Disabilities Act, 42 U.S.C.
§§ 12111-213 (“ADA”) and the
Rehabilitation Act, 29 U.S.C. §§ 794-94e. (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: Plaintiff is “unable to use his legs and
[has] limited mobility in his left arm.” (Doc. 1, p.
4). He was transferred to Pinckneyville on February 19, 2018.
(Doc. 1, p. 5). Defendants Blum and Tina recognized that
Plaintiff required a significant amount of catheters, urine
bags, diapers, lubricant, and sterile gloves due to his
serious medical needs. Id. These supplies prevent
irreparable harm that Plaintiff would otherwise suffer.
Id. Blum and Tina have not given Plaintiff the
sterile gloves, lubricant, urine bags, and catheters he
needs, forcing him to reuse catheters numerous times.
March 26, 2018, Defendants Thompson, Smith, McBride, and
Brown placed Plaintiff in segregation under investigative
status in an inaccessible cell “incapable of
accommodating [Plaintiff's] disabilities.”
Id. The cell did not have soap, towels, toothpaste,
or a toothbrush. Id. Defendants “recognized
that the cell was inaccessible, ” in that it was
without bed rails or a wheelchair accessible bed, toilet, or
shower. Id. Plaintiff told Thompson, Smith, McBride,
and Brown that they were violating the ADA. Id. On
April 1, 2018, Reeder and three unknown nurses denied
Plaintiff his urine bag, catheters, and lubricant, causing
Plaintiff to reuse the same catheter from April 1, 2018 to
April 9, 2018. Id.
March 29, 2018, Defendant Brutalet “was manipulated by
security to take Plaintiff off of his seizure and pain
med[ication].” (Doc. 1, p. 6). Plaintiff told him that
he was making “a deadly and malicious error.”
Id. Because of Brutalet's actions, Plaintiff has
had numerous seizures. Id. On March 31, 2018,
Plaintiff had an epileptic seizure and fell out of bed.
Id. His seizure is attributable to Brutalet taking
his medications, and he fell because Brown, Thompson,
McBride, and Smith chose to house Plaintiff in an
inaccessible unit for the mentally ill. Id.
Defendant Reeder responded to Plaintiff by checking his
vitals only. Id. He failed to place Plaintiff on the
doctor's call list, and Plaintiff did not have a pen to
request a doctor. Id.
all times relevant, each individual defendant was aware of
Plaintiff's inadequate medical supplies and that he
needed an accessible shower, toilet, and bed with rails for
his safety and to accommodate his disability.”
Id. As a result of the defendants' deliberate
indifference to Plaintiff's needs, he has suffered from
“severe pain, unnecessary medical complications,
emotional distress, and continuous seizures.”
Id. These individuals who have failed to provide
Plaintiff adequate healthcare and have assigned him to an
inaccessible housing unit were employees of Baldwin and
Jaimet during the relevant time. (Doc. 1, p. 7).
is a diabetic, but “medical staff refused to treat
Plaintiff's diabetes.” (Doc. 1, p. 8). When he
arrived at Pinckneyville, his medical records indicated that
his sugar level was at 82. Id. Blum told Plaintiff
that he did not need anything. Id. Plaintiff's
levels are not being monitored. Id. After Brutalet
took Plaintiff off his seizure medication, Plaintiff had five
seizures, so he began buying his seizure medication from
other inmates to help prevent them. Id.
got a urinary tract infection. Id. He submitted
numerous requests to Brown, Brutalet, and Thompson. (Doc.
1-1, p. 7). He ultimately bought antibiotics from another
inmate, which cured it. (Doc. 1, p. 8). Tina told Blum that
Plaintiff did not need lubricant or sterile gloves upon his
arrival February 19, 2018, despite the fact that
Plaintiff's medical records indicate he requires them.
Id. Plaintiff has never received gloves, and he only
received lubricant as of April 10, 2018. Id. He uses
the gloves when he discharges his excrement, and without
them, he has been forced to use his exposed finger.
Id. Plaintiff also uses the gloves to
“cath” himself, which is standard. Id.
The lack of gloves and the fact that he was forced to use the
same catheter close to 40 times led to his infection.
above information has been sent to Defendants Brown,
Thompson, and Brutalet. Id. Plaintiff told Brown and
Thompson that the information is in his medical records.
Id. He also sent Brown and Thompson messages each
day after he was taken off his seizure medication. (Doc. 1-1,
p. 5). Both responded by telling Plaintiff that there was no
space for him because there were no ADA cells for inmates in
segregation. Id.; (Doc. 1, p. 9).
is not able to receive law library being in
[segregation].” (Doc. 1, p. 9). When he sends requests,
he is told that he has to wait until he gets out.
medical staff has a custom under which inmates turn in their
used catheters once per week. Id. This forces
inmates to keep used catheters in their cell without a
biohazard bag, or any bag, resulting in a repugnant odor.
Id. Diapers also just lay around the cell until
inmates are able to throw them away when they come out. (Doc.
1, p. 9); (Doc. 1-1, p. 1).
erred in appointing Brown as the ADA Coordinator. (Doc. 1-1,
p. 1). “The law states Warden of Programs is the
facility ADA Coordinator, which is Defendant Thompson.”
Id. Jaimet did not know this until Plaintiff told
Plaintiff receives is an overnight urine bag, “which is
not to be reused.” Id. Plaintiff received one
overnight bag with two connectors for an entire week.
Id. Staff refuses to give him more. Id.
Plaintiff is only able to use his bag for two days because
when he cleans his body, the connectors have to come off.
Id. His medical records indicate that he
“cath[s] 4 to 6 times a day” and needs 21
catheters per week. Id. Instead, he is forced to
reuse them 10 times until he receives more. Id.
has sent numerous requests to each defendant but has been
ignored. (Doc. 1-1, p. 2). Plaintiff is not able to shower,
and he does not have a medical call button. Id.
April 13, 2018, Plaintiff went to sick call. (Doc. 1-1, p.
3). He saw Nurse Laura and told her that he had four seizures
after March 29, 2018. Id. She told him that there
was nothing they could do. Id. Plaintiff told her
that his levels needed to be checked, but she responded that
there was nothing they could do and that he had a seizure
clinic scheduled for June. Id.
also requested diabetes treatment, a shower and bed with
rails, a box to place soiled diapers and used catheters, and
treatment for diaper rashes and “excruciating
pain.” Id. He was told to fill out another
sick call request. Id. He was also told to contact
Brown and Thompson about his shower, bed rails, and box
request. Id. The nurse did not address ...