United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle United States District Judge.
Charles Armour, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Taylorville Correctional Center, brings this
action for alleged deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff alleges that
while at Centralia Correctional Center, Defendants were
deliberately indifferent to his serious medical needs, in
violation of the Eighth Amendment. He also asserts claims
under the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12101 et seq.
and the Rehabilitation Act (“RA”), 29 U.S.C.
§§ 794-94e. Plaintiff seeks monetary damages and
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):
Prior to Plaintiff's incarceration, he had spinal fusion
surgery in his neck on the C-4 through C-7 vertebras. (Doc.
1, pp. 2 and 22). He also suffered from chronic lower back
pain, degenerative disc disease, seizure/convulsive muscle
spasms, and fibromyalgia. (Id. at pp. 2 and 30). The
disease has progressed to the point where Plaintiff is now
confined to a wheelchair due to his lower back pain.
(Id. at pp. 3 and 38).
was transferred to Centralia Correctional Center
(“Centralia”) on June 8, 2016 and remained there
until April 13, 2018. (Doc. 1, pp. 2-3). Despite the fact
that he suffered from numerous muscle spasms, seizures, and
convulsions, that his blood pressure would spike to dangerous
levels, and that he lost use of his right arm, neither Dr.
Santos nor Dr. Garcia would provide him with medical
assistance. (Id. at pp. 3 and 4). His medical
records prior to his incarceration indicated that he needed
immediate surgical intervention for his lower back, but both
doctors refused to refer Plaintiff to an outside neurologist.
Dr. Santos also refused to order Plaintiff a wheelchair and
other necessary devices for his condition. (Id. at
p. 4). Dr. Garcia refused to prescribe Plaintiff adequate
pain medication. Dr. Santos also continued ordering Plaintiff
physical therapy, despite the fact that Plaintiff's
physical therapists found it unsafe to continue with such
therapy. (Id. at pp. 3-4). Several nurses, including
Dana Shoemaker, Terry Dean, Tish Finney, Becky Pickett, and
Beverly Habbea, were also aware that physical therapy had
been discouraged, yet they implemented their own physical
therapy, which caused painful muscle spasms and convulsions
in Plaintiff's legs. (Id. at p. 6).
Krebs was aware of Plaintiff's pre-incarceration medical
history but also refused to provide him with necessary
medical equipment including a wheelchair with removable arms.
(Id. at p. 5). On numerous occasions, she was aware
that Plaintiff defecated and urinated on himself but refused
to provide him with access to the shower immediately, and
Plaintiff remained in his own filth for seven to ten hours at
a time. (Id.). The defendant nurses were also
present when Plaintiff urinated on himself, but also refused
to provide him with any cleaning supplies and refused to call
a doctor when they witnessed his muscle convulsions.
(Id. at pp. 6-7). Nursing Director Jessica Kneleb
also witnessed these seizures in July 2017 and refused
Plaintiff care as well as refused to contact his treating
physician. (Id. at pp. 5-6).
Mueller and David Stock, both wardens at Centralia,
implemented shower policies which limited showers to 3 to 11
pm and prevented Plaintiff from showering when he had
incontinence incidents. (Id. at p. 8). As a result,
Plaintiff developed sores due to the lack of showers. They
also failed to refer him to an emergency room for his
April 5, 2018, Plaintiff had a medical emergency in his cell
and requested medical attention from Correctional Officer
Zerlinie. (Doc. 1, p. 9). Despite numerous requests for help,
Zerlinie refused to provide Plaintiff with medical attention.
Weh had access to Plaintiff's pre-incarceration and
post-incarceration medical records but refused to provide him
with his records upon request. (Doc. 1, p. 7). Weh also
destroyed some of Plaintiff's medical records. As a
result, Plaintiff was denied access to the courts and had
difficulty obtaining an adequate evaluation and care for his
deliberate indifference Plaintiff experienced from the
medical staff at Centralia was the fault of Wexford Health
Sources, Inc. and John Baldwin, the Director of IDOC. (Doc.
1, pp. 10-11). Wexford was responsible for the supervision of
its staff and its staff's performance. Both Wexford and
Baldwin implemented policies that prevented Plaintiff from
receiving adequate medical care. (Id.).
addition to his claims for deliberate indifference, Plaintiff
also asserts claims under the ADA and RA. He alleges that he
suffers from a disability due to his chronic back pain, which
leaves him confined to a wheelchair. Despite having a
disability, Plaintiff was denied access to timely showers,
the yard, and the law library, as well as accessible
bathrooms and dormitory facilities. (Id. at pp.
9-10). He also was denied access to needed equipment
including a specialized wheelchair, foot wear, and other
orthopedic devices. (Id. at p. 10).
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into
the following Counts:
Count 1: V. Santos, A. Garcia, Lisa Krebs, and
Jessica Kneleb were
under the Eighth Amendment to Plaintiff's ...