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Perry v. Jaimet

United States District Court, S.D. Illinois

July 12, 2019

LENNIE PERRY, #292470, IDOC #B61949, Plaintiff,



         This matter is before the Court for preliminary review of the Second Amended Complaint filed by Plaintiff Lennie Perry regarding his prior incarceration in the Illinois Department of Corrections.[1] (Doc. 29). Plaintiff brings this civil rights action pursuant to 42 U.S.C. § 1983 for alleged constitutional deprivations arising from the denial of adequate medical care at Pinckneyville Correctional Center (“Pinckneyville”).[2] He seeks monetary damages. (Doc. 29, p. 11).

         Under 28 U.S.C. § 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 the 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 are to be liberally construed. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009). Plaintiff's Second Amended Complaint does not survive screening.

         Second Amended Complaint

         Plaintiff's Second Amended Complaint (Doc. 29) is 11 pages with an additional 24 pages of exhibits and contains the following allegations: Upon Plaintiff's arrival at Pinckneyville in January 2018, he informed nurse Abby of his various medical conditions including: his need for a CPAP machine; pantoprazole for acid reflux; vitamin D2 because of gastric sleeve; losartan and amlodipine besylate for blood pressure; acetaminophen for arthritis; a low sodium diet for blood pressure; a protein boost diet for gastric sleeve; and, other medical permits (Id. at 6-7). Nurse Abby noted the conditions and sent Plaintiff back to the Pinckneyville processing center (Id.). During the orientation at Pinckneyville, Plaintiff learned that he should address medical needs to Christine Brown, and he subsequently did so via institutional mail on July 31, 2018 (Id.).

         On February 6, 2018 and on multiple subsequent dates, Plaintiff attempted to use the grievance process to address his medical needs (Id. at 7-8). He appended a copy of the February 6, 2018 grievance to the Complaint, as well as the responses from the counselor, grievance officer, chief administrative officer, and Administrative Review Board (“ARB”) (Id. at 12-14). The See id. His claims against the Pinckneyville officials were dismissed without prejudice. (Doc. 36, prior case). Plaintiff re-filed the same Complaint in this District and was ordered to file a First Amended Complaint focusing only on his claims against the Pinckneyville officials. (Docs. 11 and 13). He was subsequently directed to file a second amended complaint, which is now before the Court for review. counselor and grievance officers' responses indicate that medication was ordered for Plaintiff's hypertension and gastric sleeve issues, and that previous records show no CPAP during incarceration, so his family would have to supply a machine (Id.). The grievance officer noted that Plaintiff was seen by healthcare on April 5, 2018 and expressed no further complaints (Id. at 13). The ARB declined review of the February 6, 2018 grievance because Plaintiff's request for review was untimely (Id. at 14). In addition to his own grievances, Plaintiff's wife tried to contact Warden Karen Jaimet about his medical needs (Id. at 8).[3]

         On February 14, 2018 and March 31, 2018, Plaintiff saw Drs. Butalid and Blum, who he alleges were only concerned with his blood pressure (Id. at 8). (The grievance officer response to the February 6, 2018 grievance contradicts this assertion; the healthcare notes provided for those dates indicate that the doctors prescribed blood pressure and stomach medications (Id. at 12, 13)).

         Defendant S. Thompson is responsible for medical care at Pinckneyville, but never responded to Plaintiff's correspondence (Id. at 9).

         In support of his claims about sleep apnea, Plaintiff submitted written affidavits from several former cellmates, who averred that he occasionally stopped breathing in his sleep (Id. at 8, 19, 20, 23-24). He also submitted medical permits dated July 2, 2018 and September 12, 2018, authorizing him to have a CPAP machine at Dixon Correctional Center (Id. at 27, 29-30). In support of his request for various medications, he submitted a list of medications he believed he needed and prescription slips allegedly showing he was not getting adequate prescriptions or and refills (Id. at 25-26, 34-35).

         Additionally, Plaintiff submitted his own March 2018 affidavit, wherein he states that he was not receiving responses to grievances or emergency requests (Id. at 21-22). He also submitted a letter, previously tendered in this case after he filed his First Amended Complaint, indicating he had a CPAP machine as of July 2, 2018, but still needed other medical issues to be addressed. (Id. at 21-22, 31-33).[4]

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

Count 1: Eighth Amendment deliberate indifference by Nurse Abby for learning of Plaintiff's medical conditions without responding;
Count 2: Eighth Amendment deliberate indifference against medical personnel at Pinckneyville for failing to expediently address Plaintiff's medical needs;
Count 3: Eighth Amendment deliberate indifference against administrative personnel at Pinckneyville and the ARB for failing to respond to ...

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