United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge
Steven Murphy, who is currently incarcerated at Menard
Correctional Center, brings this civil rights action pursuant
to 42 U.S.C. § 1983. (Doc. 1). According to the
Complaint, Plaintiff was denied medical treatment for his
fractured foot and ankle during his detention at Jefferson
County Jail in 2016. (Doc. 1, pp. 5-6). His injuries did not
heal properly and resulted in constant pain and a loss of
mobility. Id. He brings this action against those
Jefferson County officials who allegedly denied him medical
care for his injuries at the Jail, including Travis Allen
(sheriff), James Mount (captain and jail administrator),
Bonnie May (lieutenant), and Cheryl Brown (nurse). (Doc. 1,
pp. 1-2). He seeks monetary damages and treatment with a
specialist. (Doc. 1, p. 7).
case is now before the Court for a 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
his detention at Jefferson County Jail (“Jail”)
in 2016, Plaintiff was involved in a physical altercation
with another inmate. (Doc. 1, p. 5). Both inmates were
injured. Id. Plaintiff suffered from a fractured
foot and ankle, and the other inmate sustained an injury to
his eye and face. Id.
Conway sent the other inmate to an outside hospital for
treatment and placed Plaintiff in segregation. (Doc. 1, p.
5). Plaintiff was initially placed in a cell with no running
water. Id. He complained about this for “over
a[n] hour or two” and was moved to a different cell.
Id. Plaintiff requested medical treatment during the
transfer, but his request was denied. Id.
24, 2016, Plaintiff met with Nurse Brown. (Doc. 1, p. 5). She
scheduled an x-ray, which confirmed that his foot and ankle
were fractured. (Doc. 1, pp. 5-6). The nurse gave Plaintiff a
single ace bandage, pain medication, and ice. (Doc. 1, p. 5).
then moved to the mental health/medical unit. (Doc. 1, p. 6).
During his first night there, Plaintiff could not sleep.
Id. Inmates with mental health problems kicked the
walls and screamed during the night. Id. The
following morning, Plaintiff complained about the conditions
to Captain Mount and Nurse Brown. Id. He was
transferred back to segregation and remained there for three
months. Id. Plaintiff considered this was unfair
because he did not start the fight that led to his placement
in segregation. Id.
days after being transferred back to segregation, he was
scheduled for an appointment with an orthopedic specialist.
(Doc. 1, p. 6). It was unclear whether surgery would be
necessary to repair his foot and ankle injuries. Id.
Plaintiff never found out. Id.
2, 2016, Captain Mount and Lieutenant May cancelled the
appointment. (Doc. 1, p. 6). Plaintiff and his defense
attorney wrote several grievances and letters to Sheriff
Allen and Captain Mount to complain about the cancelled
appointment. Id. Captain Mount responded to
Plaintiff's attorney in writing, stating that the
appointment would be rescheduled. Id. It wasn't.
Id. Plaintiff continued writing grievances to
Sheriff Allen on the Jail's kiosk machine, to no avail.
Plaintiff was denied timely and adequate medical treatment
for his fractured foot and ankle, the injuries healed
improperly. (Doc. 1, p. 6). Plaintiff allegedly suffers from
constant pain. Id. He can no longer perform
activities that he used to enjoy, like playing basketball,
running, and “other things.” Id. He
seeks a referral to an ...