United States District Court, C.D. Illinois
MERIT REVIEW ORDER
STIRLING BRUCE, U.S. DISTRICT JUDGE.
proceeds pro se from his incarceration in Graham Correctional
Center. His Complaint is before the Court for a merit review
pursuant to 28 U.S.C. § 1915A. This section requires the
Court to identify cognizable claims stated by the Complaint
or dismiss claims that are not cognizable. In reviewing the
complaint, the Court accepts the factual allegations as true,
liberally construing them in Plaintiff's favor and taking
Plaintiff's pro se status into account. Turley v.
Rednour, 729 F.3d 645, 649 (7th Cir. 2013).
However, conclusory statements and labels are insufficient.
Enough facts must be provided to "'state a claim for
relief that is plausible on its face.'"
Alexander v. U.S., 721 F.3d 418, 422
(7thCir. 2013)(quoted cite omitted).
alleges that, on November 21, 2018, he fell off the top bunk
while sleeping, severely injuring his neck and back. He tried
to obtain emergency medical care but was instead required to
walk in pain to sick call the next morning, where Defendant
Nurse Lindsay repeatedly refused Plaintiff medical treatment
or pain relief. This pattern was repeated by Defendant Nurse
Edwards, who allegedly denied Plaintiff medical care that
evening, even though Plaintiff was bent over in pain.
Plaintiff felt worse the next day but was still required to
walk to sick call, even though he felt he would faint.
Plaintiff then saw Defendant Dr. Kayira, but Dr. Kayira did
not provide Plaintiff any medical care. Plaintiff received
x-rays a few weeks later but was not told the results or
provided treatment. Plaintiff alleges that he still suffers
from back and neck injuries.
allegations state plausible Eighth Amendment claims against
Defendants Nurse Lyndsey, Nurse Edwards, and Dr. Kayira for
deliberate indifference to Plaintiff's serious medical
need for treatment for the injuries and pain he suffered in
the fall from his top bunk.
these allegations do not state a claim against Defendant
Green (the counselor) or Defendant Foster (the
Warden).As laypersons, they are generally entitled
to rely on the medical professionals' determination of
whether and what medical treatment Plaintiff should receive.
Greeno v. Daley, 414 F.3d 645, 656 (7th Cir.
2005)(“‘If a prisoner is under the care of
medical experts... a nonmedical prison official will
generally be justified in believing that the prisoner is in
capable hands.'”)(quoted cite omitted).
IS THEREFORE ORDERED:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states Eighth
Amendment claims against Defendants Nurse Lyndsey, Nurse
Edwards, and Dr. Kayira for deliberate indifference to
Plaintiff's serious medical need for treatment for the
injuries and pain he suffered in the fall from his top bunk.
This case proceeds solely on the claims identified in this
paragraph. Any additional claims shall not be included in the
case, except at the Court's discretion on motion by a
party for good cause shown or pursuant to Federal Rule of
Civil Procedure 15.
case is now in the process of service. Plaintiff is advised
to wait until counsel has appeared for Defendants before
filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
Defendants' counsel has filed an appearance will
generally be denied as premature. Plaintiff need not submit
any evidence to the Court at this time, unless otherwise
directed by the Court.
Court will attempt service on Defendants by mailing each
Defendant a waiver of service. Defendants have 60 days from
the date the waiver is sent to file an Answer. If Defendants
have not filed Answers or appeared through counsel within 90
days of the entry of this order, Plaintiff may file a motion
requesting the status of service. After Defendants have been
served, the Court will enter an order setting discovery and
dispositive motion deadlines.
respect to a Defendant who no longer works at the address
provided by Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the Clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be
used only for effectuating service. Documentation of
forwarding addresses shall be retained only by the Clerk and
shall not be maintained in the public docket nor disclosed by
Defendants shall file an answer within 60 days of the date
the waiver is sent by the Clerk. A motion to dismiss is not
an answer. The answer should include all defenses appropriate
under the Federal Rules. The answer and subsequent pleadings
shall be to the issues and claims stated in this Opinion. In
general, an answer sets forth Defendants' positions. The
Court does not rule on the merits of those positions unless
and until a motion is filed by Defendants. Therefore, no
response to the answer is necessary or will be considered.
District uses electronic filing, which means that, after
Defense counsel has filed an appearance, Defense counsel will
automatically receive electronic notice of any motion or
other paper filed by Plaintiff with the Clerk. Plaintiff does
not need to mail to Defense counsel copies of motions and
other papers that Plaintiff has filed with the Clerk.
However, this does not apply to discovery requests and
responses. Discovery requests and responses are not filed
with the Clerk. Plaintiff must mail his discovery requests
and responses directly to Defendants' counsel. Discovery
requests or responses sent to the Clerk will be returned
unfiled, unless they are attached to and the subject of a
motion to compel. Discovery does not begin until Defense
counsel has filed an appearance and the Court has entered a
scheduling order, which will explain the discovery process in
Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
Plaintiff's failure to notify the Court of a change in
mailing address or phone ...