Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McCullough. v. Dennison

United States District Court, S.D. Illinois

July 31, 2018

TIMOTHY MCCULLOUGH, SR., Plaintiff,
v.
JEFFERY DENNISON, ALLAN J. BRUMMELL, WEXFORD HEALTH SOURCE, E. WILKIE, K. SMOOT, and SHERRY BENTON Defendants.

          MEMORANDUM AND ORDER

          MICHAEL J. REAGAN U.S. CHIEF DISTRICT JUDGE

         Plaintiff Timothy McCullough, an inmate in Shawnee Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff requests damages and injunctive relief for deliberate indifference. 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 such relief.

         An 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).

         Upon careful review of the Complaint and any supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; portions of this action are subject to summary dismissal.

         The Complaint

         Plaintiff alleges that he takes psychotropic medication that causes blood from his kidneys to enter his urine. (Doc. 1-1, p. 4). Plaintiff informed Defendants of these side effects, but they increased the dosage and gave him a second harmful psychotropic medication. (Doc. 1-1, pp. 4-5). Plaintiff has continually requested medical and mental health treatment, but such treatment has been delayed and denied. (Doc. 1-1, p. 4). Plaintiff was never informed about the side effects of his medication. (Doc. 1-1, p. 5). Plaintiff also alleges that his psychotropic medication is causing blindness, and that he is almost 100% blind in his right eye. Id.

         Shawnee Correctional Center only employs a single eye doctor, even though 1, 200 inmates are housed there. (Doc. 1-1, p. 4).

         K. Smoot was deliberately indifferent to Plaintiff's serious medical need by failing “to have Plaintiff receive needed medical treatment.” (Doc. 1-1, p. 5). Plaintiff has put Smoot on notice of his condition by grievances, and through direct contact. Id. Smoot failed to have Plaintiff seen by the eye doctor. Id.

         Plaintiff experiences headaches to due to his eye condition. (Doc. 1-1, p. 6). His eyewear is outdated and in need of replacement, which causes eye strain and pain. Id. Plaintiff has not received pain medication. Id. Wilkie has delayed Plaintiff's care by failing to call him for treatment after putting in a sick call request. Id. Wilkie also generally refused to provide adequate medical care. Id.

         Plaintiff further alleges that Wexford has injured him by failing to have an adequate number of optometrists work at Shawnee. (Doc. 1-1, p. 7).

         Plaintiff filed grievances to Benton, but she failed to take action and ensure that he was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.