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Champ v. Chester Mental Health

United States District Court, S.D. Illinois

June 10, 2019

BRYON K. CHAMP, #110025, Plaintiff,
v.
CHESTER MENTAL HEALTH, SHIRLEY FORCUM, BREE BARNETT and NAGESWARARAO VALLABHANENI, Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Plaintiff Bryon Champ, a pretrial detainee at Winnebago - WCY, brings this civil rights action pursuant to 42 U.S.C. § 1983 for alleged constitutional deprivations that occurred during his detention at Chester Mental Health (“Chester”) in 2018. In the First Amended Complaint, [1]Plaintiff claims the toilet water in his cell was shut off for 55 days as punishment for failing to report each bowel movement to medical staff following his hernia surgery. (Doc. 11). Plaintiff brings claims against the medical staff under the First, Eighth, Eleventh, and Fourteenth Amendments. He seeks money damages and injunctive relief against the defendants.[2] (Id.).

         The First Amended Complaint is subject to preliminary review under 28 U.S.C. § 1915A, which requires the Court to filter out non-meritorious claims. See 28 U.S.C. § 1915A(a). Any portion of a First Amended Complaint that is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who is immune from such relief must be dismissed. 28 U.S.C. § 1915A(b).

         First Amended Complaint

          Plaintiff makes the following allegations in the First Amended Complaint (Doc. 11, pp. 1-33): During his detention at Chester in 2018, Plaintiff's toilet water was shut off for a period of 55 days (May 20, 2018 - July 13, 2018) as punishment for failing to report his bowel movements to staff. Plaintiff underwent hernia surgery prior to this time, and his diet made bowel movements more difficult. The medical staff (Forcum, Barnett, and Vallabhaneni) charted all bowel movements for medical reasons. Plaintiff was aware of no formal reporting requirement. He found it humiliating to report each bowel movement to them, so he refused to cooperate. In response, the medical staff turned off the water to his toilet, which forced him to report each bowel movement to them. They ignored his related grievances. Plaintiff characterizes their conduct as “cruel and unusual punishment” and brings claims against them under the First, Eighth, Eleventh, [3]and Fourteenth Amendments. (Id.).

         Based on the allegations in the First Amended Complaint, the Court finds it convenient to divide the pro se action into the following Counts:

Count 1 -
Defendants violated Plaintiff's Fourteenth Amendment rights by turning off the toilet water in his cell for 55 days (May 20, 2018 to July 13, 2018) as punishment for failing to report his bowel movements.
Count 2 -
Defendants violated Plaintiff's Fourteenth Amendment rights by forcing him to report all bowel movements to them.
Count 3 -
Defendants violated Plaintiff's Fourteenth Amendment rights by serving him a nutritionally inadequate diet that prevented him from having regular bowel movements following hernia surgery.
Count 4 -
Defendants denied Plaintiff adequate medical care following his hernia surgery in violation of his ...

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