United States District Court, S.D. Illinois
ROY L. ARMOUR, # K-89058, Plaintiff,
DR. SANTOS, DAVID STOCK, PATTY THULL, JOHN R. BALDWIN, WEXFORD, and CENTRALIA CORRECTIONAL CTR., Defendants.
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
Roy L. Armour, currently incarcerated at Centralia
Correctional Center (“Centralia”), brings this
pro se civil rights action pursuant to 42 U.S.C.
§ 1983, alleging Defendants have been deliberately
indifferent to his serious medical condition. Plaintiff's
Complaint is now before the Court for a preliminary review
pursuant to 28 U.S.C. § 1915A.
§ 1915A, the Court is required to screen prisoner
Complaints to filter out non-meritorious claims. See
28 U.S.C. § 1915A(a). Any portion of the Complaint that
is legally frivolous, malicious, fails to state a claim upon
which relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
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 “no
reasonable person could suppose to have any merit.”
Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir.
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. Conversely, a complaint is plausible on
its face “when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
the Court is obligated to accept factual allegations as true,
see Smith v. Peters, 631 F.3d 418, 419 (7th Cir.
2011), some factual allegations may be so sketchy or
implausible that they fail to provide sufficient notice of a
plaintiff's claim. Brooks v. Ross, 578 F.3d 574,
581 (7th Cir. 2009). Additionally, Courts “should not
accept as adequate abstract recitations of the elements of a
cause of action or conclusory legal statements.”
Id. At the same time, however, the factual
allegations of a pro se complaint are to be
liberally construed. See Arnett v. Webster, 658 F.3d
742, 751 (7th Cir. 2011); Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
these standards, the Court finds that one of Plaintiff's
claims survives threshold review under § 1915A.
has been diagnosed with a complete tear of the anterior
cruciate ligament (“ACL”), and possible tear of
the posterior horn medial meniscus in his left knee. (Doc. 1,
p. 8). On or about November 18, 2017, he consulted Dr. Santos
about the results of a MRI conducted on his knee at Bromenn
Medical Center in Bloomington, Illinois, which reported the
above diagnosis. (Doc. 1, p. 5). Plaintiff attached a
radiology report dated February 2014 from Bromenn Medical
Center to his Complaint. (Doc. 1, p. 8). Based on that
report, Dr. Santos told Plaintiff he would make a referral
for possible surgery. Id.
month later, Plaintiff was informed that he would be sent out
on a medical writ to have surgery. However, it turned out
that he was being offered physical therapy instead. (Doc. 1,
p. 5). Plaintiff refused to sign the paper to have physical
therapy, reasoning that he did not need it until after having
couple days later, Dr. Santos called Plaintiff in to tell him
that Wexford would not allow the surgery because it would be
too costly. (Doc. 1, pp. 4-5). Plaintiff filed grievances
over the disallowance of surgery, but they were denied. (Doc.
1, pp. 9-12).
Plaintif has pain from the torn ACL which extends all the way
to his foot when he walks. He alleges that he is “in
pain all day every day.” (Doc. 1, p. 10).
addition to Dr. Santos and Wexford, Plaintiff includes as
Defendants Centralia Warden Stock, Patty Thull of the IDOC
Administrative Review Board, IDOC Director Baldwin, and
Centralia Correctional Center. (Doc. 1, pp. 1-2). As relief,
Plaintiff requests surgery to correct his left knee
condition, however, he has not filed a separate motion
seeking injunctive relief. (Doc. 1, p. 6). He also seeks
compensatory damages. Id.
Review Pursuant to 28 ...