United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
Benigno Lopez, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Robinson Correctional Center (“Robinson”), brings
this civil rights action pursuant to 42 U.S.C. § 1983.
(Doc. 1). Plaintiff alleges that he was denied medical care
for injuries he sustained in an inmate attack at Lawrence
Correctional Center (“Lawrence”) on October 6,
2018. (Id. at pp. 1-17). He seeks money damages and
a preliminary injunction. (Doc. 1, p. 10; Doc. 10).
Complaint is now before the Court for preliminary review
under 28 U.S.C. § 1915A, which requires the Court to
screen prisoner Complaints to filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of the
Complaint that is legally frivolous or malicious, fails to
state a claim for relief, or requests money damages from an
immune defendant must be dismissed. 28 U.S.C. §
1915A(b). At this juncture, the factual allegations are
liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009). The Complaint
survives screening under this standard.
makes the following allegations in the Complaint (Doc. 1, pp.
1-10): On October 6, 2018, Plaintiff was attacked by another
inmate who struck him in the face until he lost consciousness
and continued punching him until correctional officers
intervened. (Id. at pp. 5-6). Plaintiff suffered a
fractured cheek bone, lacerations, and bruising that required
hospital treatment. (Id. at p. 6).
returning to Lawrence, Plaintiff was placed in segregation on
investigative status.(Id.). He complained of dizziness
and jaw pain but was not scheduled for a follow-up
appointment. (Id. at p. 7). Plaintiff submitted a
nurse sick call (NSC) request, but received no response.
(Id. at p. 8). He submitted a second NSC request and
was scheduled for an appointment that was cancelled. Brooks
failed to check on him. (Id. at pp. 7-8).
October 29, 2018, Plaintiff filed a grievance to complain
about the inadequate medical care he received for his
injuries. Garrett interpreted the grievance as a third NSC
request and instructed him to re-file it as such. Plaintiff
appealed this response, but his appeal was denied by a
grievance officer,  Kink, and Burle. (Id.). He filed
an emergency grievance on December 10, 2018, but the
grievance officer and Kink denied it. (Id. at pp. 9,
15-16). Plaintiff complains of ongoing dizziness and jaw
on the allegations, the Court finds it convenient to divide
the pro se Complaint into the following Counts:
Count 1: Eighth Amendment claim against
Defendants for failing to protect Plaintiff from an inmate
attack on October 6, 2018.
Count 2: Eighth Amendment claim against
Defendants for exhibiting deliberate indifference to
Plaintiff's injuries (including a fractured cheek bone,
dizziness, and jaw pain) sustained in the inmate attack on
October 6, 2018.
other claim that is mentioned in the Complaint but not
addressed herein is considered dismissed without prejudice as
inadequately pled under
Amendment claims consist of an objective and a subjective
component. Farmer v. Brennan, 511 U.S. 825 (1994);
Gutierrez v. Peters, 111 F.3d 1364 (7th Cir. 1996).
In order to state an Eighth Amendment claim against the
defendants for failing to prevent harm to Plaintiff, the
Complaint must establish that the defendants subjected
Plaintiff to conditions posing a serious risk of harm to his
health or safety (an objective standard) and that they
knowingly or intentionally disregarded the risk (a subjective
standard). Farmer, 511 U.S. at 836-37.
Plaintiff's allegations do not satisfy the subjective
component of this claim ...