United States District Court, S.D. Illinois
JAISON A. WHITE, Plaintiff,
JOHN BALDWIN, WEXFORD HEALTH INC., JOHN/JANE DOE PHYSICIAN, and JOHN/JANE DOE NURSES, Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
Jaison White, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Lawrence Correctional Center
(“Lawrence”), brings this action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights. Plaintiff alleges that while at Vienna
Correctional Center (“Vienna”), Defendants were
deliberately indifferent to his stomach ailment, in violation
of the Eighth Amendment.
case is now before the Court for preliminary review of the
Complaint 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).
makes the following allegations in his Complaint (Doc. 1): On
November 5, 2018, while incarcerated at Vienna Correctional
Center, Plaintiff developed a stomach ailment after eating
two trays from the commissary. (Doc. 1, p. 5). He woke in the
middle of the night with severe stomach pains and watery
stool. In the morning, he was able to drink apple juice
before again developing a stomachache. He became light headed
and asked a correctional officer to contact the healthcare
unit. He used the bathroom several more times.
(Id.). He drank more apple juice, but began
vomiting. Plaintiff waited approximately ten minutes before
talking with the correctional officer again. The officer told
Plaintiff that he would take him to the healthcare unit if he
vomited again. (Id.). Plaintiff began dry heaving
and the officer escorted him to the healthcare unit.
Plaintiff was seen by John Doe Nurse who assessed him.
Plaintiff began vomiting again. (Id. at pp. 5-6). He
was taken back to his cell because he could not hold his
bowels and needed to use the bathroom.
hours after returning to his cell, Plaintiff was escorted
back to healthcare unit to see Jane Doe Physician. (Doc. 1,
p. 6). She evaluated Plaintiff, developed a treatment plan
for his condition, and placed him in an observation cell to
start him on an IV. Initially, the saline bag was not
properly hooked up to Plaintiff's IV and he bled on the
floor. The saline bag was then properly connected and
Plaintiff was sedated. He awoke to John Doe Nurse cleaning
the blood off the floor without sanitizer or bleach.
Plaintiff was then directed to relieve himself in a plastic
bottle and to provide a stool sample. He was monitored for
several hours and was then transferred to the healthcare unit
for further observation. (Id.).
Plaintiff was not initially restrained in the healthcare
unit, he was later informed by correctional officers that he
would have to be restrained and could ask to be unrestrained
to use the restroom. When officers did not respond quick
enough to uncuff Plaintiff when he needed to use the
restroom, he asked to be taken back to his cell and his
observation ended. Plaintiff wrote a grievance about his
illness, but did not receive a response before transferring
on the allegations in the Complaint, the Court finds it
convenient to designate the following Count in this pro
Count 1:John Doe Nurse and Jane Doe Physician were
deliberately indifferent to Plaintiff's
stomach ailment in violation of the Eighth
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. Any other claim that
is mentioned in the Complaint but not
addressed in this Order should be considered dismissed
without prejudice as inadequately pled under
the Twombly pleading
Plaintiff identifies John Baldwin and Wexford Health Inc. as
Defendants in the caption of his Complaint (Doc. 1, p. 1), he
fails to include any allegations against either Defendant in
the statement of his claim. Further, as a corporation,
Wexford can only be held liable for deliberate indifference
if it had a policy or practice that caused the alleged
violation of a constitutional right. Woodward v. Corr.
Med. Serv. of Ill., Inc., 368 F.3d 917, 927 (7th Cir.
2004). Plaintiff has pointed to no such policy or practice
that allegedly caused a violation of his constitutional
rights. Accordingly, John Baldwin and Wexford Health Inc. are
DISMISSED without prejudice for failure to
state a claim.