United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge
Eric Mitchell, an inmate in Shawnee Correctional Center,
brings this action pursuant to 42 U.S.C. § 1983 for
alleged deprivations of his constitutional rights. In his
Complaint, Plaintiff claims Wexford Corporation
(“Wexford”) has been deliberately indifferent to
his serious medical issues in violation of the Eighth
Amendment. (Doc. 1). This case is now before the Court for a
preliminary review of the 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
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 dismiss the Complaint for
failing to state a claim upon which relief can be granted.
Complaint (Doc. 1), Plaintiff makes the following
allegations: Wexford failed to provide adequate training for
Nurse Carrol. (Doc. 1, p. 5). This lack of training led
to improper medical treatment by Nurse Carrol. Id.
Nurse Carrol's actions “resulted in unnecessary
pain and suffering.” Id. Wexford “has a
legal duty to provide adequate training to Nurse Carrol and
all other medical staff.” Id. Wexford's
“failure to provide training is the [proximate] cause
of Plaintiff['s] pain and suffering.” Id.
Because of Nurse Carrol's “lack of concern and
medical experience, ” Plaintiff has and will have liver
problems for the rest of his life. Id. His enzymes
are “out of whack and frequent urinating occurs.”
Id. Plaintiff requests monetary damages. (Doc. 1, p.
on the allegations of the Complaint, the Court finds it
convenient to designate a single count in this pro
se action. The parties and the Court will use this
designation in all future pleadings and orders, unless
otherwise directed by a judicial officer of this Court. The
designation of this count does not constitute an opinion
regarding its merit.
Count 1 - Wexford showed deliberate
indifference to Plaintiff's serious medical needs in
violation of the Eighth Amendment by failing to train Nurse
other intended claim that has not been recognized by the
Court is considered dismissed without prejudice as