United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.
Steven Anderson, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Western Illinois Correctional Center, brings this civil
rights action pursuant to 42 U.S.C. § 1983 for
deprivations of his constitutional rights at Centralia
Correctional Center (“Centralia”) (Doc. 1).
Plaintiff claims prison officials, medical staff, and Wexford
Health Sources, Inc. (“Wexford”) exhibited
deliberate indifference to his broken hand by delaying
surgery for a compound fracture and regularly cuffing him
behind his back. He seeks declaratory and monetary relief.
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).
to the allegations in the Complaint (Doc. 1, pp. 1-8):
Plaintiff was involved in an altercation with another
Centralia inmate on August 22, 2018. (Id. at p. 2).
Following a 3-day delay, Dr. Austin confirmed through x-rays
that his left hand was broken. Dr. Santos requested a referral
to an orthopedic surgeon, but Wexford, Nalewajka, and Zeck
delayed the process. (Id. at p. 3). Wexford did not
approve the referral until six days after the injury.
Nalewajka waited another week to alert Wexford about
Plaintiff's missing Medicaid information. Zeck then
produced the wrong information three days later.
Plaintiff was housed in segregation awaiting surgery, prison
officials rear-cuffed him 3 to 4 times per week.
(Id. at pp. 4-5). Plaintiff pointed out the compound
fracture and significant pain caused by the cuffing, but
Slane, Loera, Jack, Tonnings, and Sergeant John Doe told him
they did not care. Dr. Santos ignored Plaintiff's request
for a front-cuff permit. (Id.). Prison medical
staff, including Shaw and Duley, ignored his pleas for help
during their medication rounds. (Id. at p. 5).
Plaintiff's surgery was ultimately postponed until
October 18, 2018. (Id.).
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into
the following two counts:
Count 1: Eighth Amendment excessive force
claim against Slane, Loera, Jack, Tonnings, and John Doe for
repeatedly rear-cuffing Plaintiff while he suffered from a
broken hand from August 22, 2018 until October 18, 2018.
Count 2: Eighth Amendment deliberate
indifference claim against defendants for unnecessarily
delaying Plaintiff's medical treatment for a broken hand
or causing additional pain/injury while he awaited treatment
for the injury from August 22, 2018 until October 18, 2018.
other claim that is mentioned in the Complaint but not
addressed herein should be considered
dismissed without prejudice as inadequately pled under
cannot proceed with his claim for money damages against
Centralia Correctional Center. The Supreme Court has held
that “neither a State nor its officials acting in their
official capacities are ‘persons' under [Section]
1983.” Will v. Mich. Dep't of State
Police, 491 U.S. 58, 71 (1989). The prison is a division
of the IDOC and is neither a “person” within the
meaning of the Civil Rights Act nor subject to a Section 1983
suit. See Will, 491 U.S. at 71. Centralia shall
therefore be dismissed with prejudice from this action.