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Russell v. Wexford Health Souce, Inc.

United States District Court, S.D. Illinois

September 5, 2019

SANTOIN RUSSELL, #B88728, Plaintiff,
v.
WEXFORD HEALTH SOURCE, INC., DR. AHMED, and WARDEN BROOKHART, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.

         Plaintiff Santoin Russell, an inmate of the Illinois Department of Corrections currently incarcerated at Stateville Correctional Center, brings this action for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff asserts claims under the Eighth Amendment related to medical care while he was incarcerated at Lawrence Correctional Center. (Doc. 1). He seeks monetary damages. (Id.).

         This case is now before the Court for preliminary review of the Complaint under 28 U.S.C. § 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. § l9l5A(a). Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § l9l5A(b).

         The Complaint

         Plaintiff makes the following allegations in his Complaint: On September 6, 2017, Plaintiff was stabbed above his left eye while incarcerated at Menard Correctional Center. (Doc. 1, p. 6).

         He received stitches to close the wound but was not given any medication. He was transferred to Lawrence the next day. He complained about pain to nurses-and in a grievance-and received pain medication two days later. After taking all of the pain medication, he complained again about pain, swelling, and blurred vision in his left eye to nurses and in grievances.

         Plaintiff was seen by a doctor on October 15, 2017. The doctor attributed his issues to allergies, but Plaintiff told him he had not experienced these issues in the past with allergies. (Id. at 7). The doctor prescribed a nasal spray, but it did not relieve the pain, swelling, or blurred vision.

         On March 17, 2018, Plaintiff was seen by a nurse who refused to treat his pain and suffering. On April 7, 2018, a nurse gave Plaintiff ibuprofen. Plaintiff had a doctor's visit that was cancelled on April 9, 2018. (Id. at 8). He went on a hunger strike on April 20, 2018, seeking treatment for his blurred vision, swelling, pain, and suffering. He suffered for eight months without proper medical care. He wrote Warden Brookhart regarding his condition to no avail.

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

Count 1: Eighth Amendment deliberate indifference to serious medical needs claim against Dr. Ahmed and Wexford for denying Plaintiff adequate and timely medical care.
Count 2: Eighth Amendment deliberate indifference to serious medical needs claim against Warden Brookhart for refusing to address letters regarding Plaintiffs medical condition.

         The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designations do not constitute an opinion regarding their merit. Any other intended claim that has not been recognized by the Court is considered dismissed without prejudice as inadequately pleaded under the Twombly pleading standard.[1]

         Discussion

         Coun ...


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