United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge
Esley Dee Cornelius, III, a pretrial detainee at Jackson
County Jail, brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983. In
the Complaint, Plaintiff alleges Defendants failed to protect
him from, and were objectively unreasonable in treating,
injuries he sustained in a car wreck while being transported
to Jackson County Jail. He asserts claims against the
defendants under the Fourteenth Amendment. Plaintiff seeks
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).
Complaint, Plaintiff makes the following allegations: On
April 16, 2019 while being transported from Union County
Illinois Sheriff's Department to Jackson County Jail,
John Doe #1, an officer with the Union County Sheriff's
Department, and Plaintiff were involved in a car wreck with a
deer. (Doc. 1, p. 6). Plaintiff was in the backseat of the
police cruiser and suffered injuries to his lower back and
left shoulder as well as cuts to his fingers. (Id.).
After the accident, Plaintiff informed John Doe #1 that his
shoulder and back hurt and his finger stung from where the
glass cut it.
Doe #1 radioed for help and John Doe #2 arrived at the scene.
(Doc. 1, p. 7). Plaintiff asked John Doe #2 to take him to
the hospital and John Doe #2 told him no that he was being
transported to jail. (Id.). John Doe #1 and
Plaintiff left John Doe #2 with the wrecked police cruiser
and continued driving to Jackson County Jail. (Id.
at pp. 7-8). Upon arriving at the jail, Plaintiff was treated
for his injuries by a jail deputy who took pictures of his
shoulder and provided him with a bandage and ointment.
(Id. at p. 8). The deputy told Plaintiff that he
would be seen by a nurse the following day (Id.).
next day, April 17, 2019, Plaintiff pressed the emergency
call button on his cellblock. (Doc. 1, p. 8). He spoke with a
number of deputies, including Sergeant Straton, Deputy Harju,
Deputy Partridge, Deputy Seifert, and Deputy Backman, about
his injuries and they told him to fill out a sick call
request. (Id. at pp. 8-9). Plaintiff put in a sick
call request using the jail kiosk and asked to be seen by a
doctor and receive x-rays. (Id. at p. 9). Plaintiff
was seen by the jail nurse G. Gladson but it was a couple of
weeks before he saw the doctor. He continued to see the
doctor for his injuries for two to three months. The doctor
placed him on medication for his back pain, but Plaintiff
complained that the medication did not help his pain. Prior
to filing his Complaint, Plaintiff alleged that his pain
medication was increased but the doctor never diagnosed him
nor has the doctor determined if he has any broken bones or
internal injuries. (Id.).
alleges that John Doe #1 failed to protect Plaintiff from the
injuries he received as John Doe #1 failed to strap Plaintiff
into a seat belt before leaving the Union County
Sheriff's Department. (Doc. 1, p. 7). Plaintiff was not
able to strap his seat belt due to being handcuffed.
(Id.). He further alleges that Scott Harvell, the
Sheriff of Union County, failed to train John Doe #1 in
securing individuals in his custody. (Id. at p. 10).
refers to various officers as well as nurse G. Gladson and
the jail doctor in the body of his Complaint but does not
list them in the caption. Thus, they will not be treated as
defendants in this case, and any claims against them should
be considered DISMISSED without prejudice.
See Myles v. United States, 416 F.3d 551, 551-52
(7th Cir. 2005) (defendants must be “specif[ied] in the
Plaintiff has identified groups of individuals as defendants,
including medical staff and Union County, Illinois officials,
which is improper. To state a Section 1983 claim against an
individual or entity, Plaintiff must specifically identify
them, by name or Doe designation. See Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 555 (2007); Fed.R.Civ.P.
8(a)(2). All claims against “medical
staff” and “Union County, Illinois
officials” shall be DISMISSED without
Plaintiff identifies Union County, Illinois and Union County
Illinois Sheriff's Department as Defendants.
Plaintiff's Complaint, however, includes only conclusory
allegations that these entities violated his constitutional
rights. (Doc. 1, pp. 9-10). These allegations do not state a
claim and both of these defendants are, accordingly,
DISMISSED without prejudice.
on the allegations in the Complaint, the Court finds it
convenient to divide the prose action ...