United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
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. (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”). He seeks monetary damages. (Doc.
29, p. 11).
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 (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.).
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).
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)).
S. Thompson is responsible for medical care at Pinckneyville,
but never responded to Plaintiff's correspondence
(Id. at 9).
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).
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).
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