United States District Court, S.D. Illinois
JOHN D. HAYWOOD, Plaintiff,
SHEF, COLLINS, and TAMMY Defendants.
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
John D. Haywood, an inmate in Lawrence Correctional Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff requests
damages. 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.
originally brought this claim in No. 18-cv-21-JPG-SCW. The
Court determined that Plaintiff had not properly joined his
claims and severed this one into the present action on March
2, 2018. (Doc. 1).
relevant to the claims in this lawsuit, Plaintiff alleges
that he saw Dr. Shev/Shef on November 24, 2017. (Doc. 2, p. 23).
Shev/Shef took away Plaintiff's high blood pressure
medication. Id. Plaintiff protested, and told
Shev/Shef that it had taken him over a month to get his
medications and that he was currently out of
“Lasix.” Id. Plaintiff alleges that he
was actually out of potassium, but that he got his
medications confused because he takes close to 30 pills a
day. Id. Shev/Shef directed Collins to figure out
why Plaintiff didn't have his Lasix. Id. She
responded by arranging for Plaintiff's cell to be shaken
down, and falsely told the Lieutenant that Plaintiff reported
that he had no medications. Id. When the guards
found medication in Plaintiff's cell, he was then taken
to segregation. Id. Collins told the officers that
Plaintiff was only permitted to have his antibiotics; she
never discovered that he was out of potassium. Id.
evening, Plaintiff went to the med line. (Doc. 2, p. 24). He
received a higher dose of “Corey, ” which he
alleges was a mistake because he had taken that medication
earlier in the day. Id. He did not receive any high
blood pressure medication or potassium. Id. The
“Corey” made Plaintiff dehydrated, and he
fainted. Id. Plaintiff was taken to the Health Care
Unit, where Tammy decided that he had deliberately overdosed,
and called internal affairs to investigate the incident.
Id. Tammy also refused to give Plaintiff water until
he told her what pills he took, despite the fact that
Plaintiff was actually suffering from dehydration.
was finally admitted for observation. Id. He
promptly drank 8 glasses of water and fainted again, this
time hitting his head on the floor. (Doc. 2, p. 25). When he
came to, he vomited. Id. Plaintiff was referred to
the hospital. Id. He found the ambulance ride
uncomfortable. Id. Plaintiff alleges that if Tammy
hadn't told the EMT's that he overdosed, he would not
have had to endure the ambulance ride, because all he needed
was water. Id. Tests ultimately revealed no drugs in
Plaintiff's system, but found low potassium levels.
Id. . Plaintiff was disciplined for having pills in
his cell. (Doc. 2, p. 26). He was never given his correct
blood pressure medication. Id.
severance order designated a ...