United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
Mark Winger, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Menard Correctional Center (“Menard”), brings
this action pursuant to 42 U.S.C. § 1983 against Menard
officials who responded to his request for a double-cuff
permit and treatment of chest pain with deliberate
indifference. (Doc. 2, pp. 7-16, 34-37). Plaintiff seeks
money damages against the defendants for conspiring to
violate his rights under the Eighth Amendment and Illinois
law. (Id. at pp. 49-52).
claims (collectively referred to as “Count 3”)
were severed from Winger v. Doe, et al.,
No. 19-cv-236-NJR (S.D. Ill.), on May 1, 2019. (Doc. 1).
Plaintiff notified the Court of his intention to pursue the
claims in this severed case on June 3, 2019. (Doc. 6). He
paid the full $400.00 filing fee for this action on June 14,
matter is now before the Court for preliminary review
pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the
Court is required to screen prisoner complaints to filter out
non-meritorious claims. See 28 U.S.C. §
1915A(a). Any portion of a complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b). At this juncture, the
factual allegations of the pro se complaint are to
be liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
sets forth the following allegations in support of the claims
in this severed case (Doc. 2, pp. 7-16, 34-37): On March 23,
2017, Plaintiff met with Dr. Siddiqui, Nurse Lang, Sergeant
Harris, and an unknown officer to discuss renewal of a
double-cuff permit that was due to expire the following
month. (Id. at p. 7). Plaintiff received the permit
several years earlier for shoulder pain and degenerative
arthritis that resulted from a right rotator cuff injury.
(Id.). Before renewing the permit, Nurse Lang
instructed Sergeant Harris to cuff Plaintiff behind his back
to determine whether doing so would actually cause him pain.
(Id. at pp. 7, 10-11). As Dr. Siddiqui, Nurse Lang,
and the officer watched, Sergeant Harris forced
Plaintiff's hands behind his back until he cried out in
excruciating pain. Only then did Dr. Siddiqui renew the
permit. (Id. at pp. 11-13).
same appointment, Plaintiff complained of chest pain and
shortness of breath. (Id. at p. 8). Dr. Siddiqui and
Nurse Lang instructed him to submit another sick call slip
and copayment. When Plaintiff offered to submit both on the
spot, they again denied his request for treatment. This
occurred three months after Dr. Ritz and Wexford denied Drs.
Trost and Siddiqui's separate requests for a
stress test in favor of “on-site monitoring” of
Plaintiff that never occurred. (Id.).
filed grievances to complain about these incidents.
(Id. at pp. 13-16). A witness to the events verified
them in an affidavit. Even so, prison grievance officials
(Hawkins, Rowold, Pierce, Spiller, Phoenix, John Doe 2, John
Doe 4, and John Doe 5) denied Plaintiff's grievance
without an investigation. (Id.).
on these allegations, the Court finds it convenient to
recharacterize the claims at issue in this severed pro
se action as follows:
Sergeant Harris, Nurse Lang, and Dr. Siddiqui used,
authorized, or condoned the use of excessive force against
Plaintiff on March 23, 2017, in violation of his Eighth
Sergeant Harris, Nurse Lang, and Dr. Siddiqui committed
assault and/or battery against Plaintiff on March 23, 2017,
in violation of Illinois state law.
Dr. Siddiqui, Nurse Lang, Dr. Ritz, and Wexford exhibited
deliberate indifference to Plaintiff's complaints of
chest pain and shortness of breath on or before March 23,