United States District Court, S.D. Illinois
MARCUS T. DIXON, B66674, Plaintiff,
WEXFORD MEDICAL SOURCE, JACQUELINE LASHBROOK, KIMBERLY BUTLER, JOHN TROST, HALEY DAVIS, GAIL WALLS, MUHAMMAD SIDDIQUI, TONYA SMITH, SHANE QUANDT, SGT. MIGNEREN, DR. ALT, NURSE SMITH, and ANGELA CRAIN, Defendants.
MEMORANDUM & ORDER
M. YANDLE, UNITED STATES DISTRICT JUDGE
matter is now before the Court for preliminary review of the
Amended Complaint filed by Plaintiff Marcus Dixon. (Doc. 17).
Plaintiff brings this civil rights action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights at Menard Correctional Center
(“Menard”) and Western Illinois Correctional
Center (“Western”). (Id.). He claims the
defendants denied him adequate medical care following
neurosurgery in 2016. (Id. at pp. 1-21). Plaintiff
seeks monetary relief. (Id. at p. 14).
Amended Complaint is now before the Court for preliminary
review under 28 U.S.C. § 1915A, which requires the Court
to screen prisoner Complaints and filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of the Amended
Complaint that is legally frivolous or malicious, fails to
state a claim for relief, or requests money damages from an
immune defendant must be dismissed. 28 U.S.C. §
1915A(b). At this juncture, the factual allegations are
liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations in the Amended Complaint: On
January 28, 2016, Plaintiff was admitted to Saint Louis
University Hospital for removal of a tumor from his head.
(Doc. 17, p. 10). Plaintiff's neurosurgeon released him
ten days later with orders for post-operative placement and
care in Menard's health care unit (“HCU”).
(Id.). Menard officials disregarded the orders.
March 4, 2016, Nurse Tonya Smith, Officer Quandt, and
Sergeant Migneren transferred Plaintiff to segregation.
(Id.). Plaintiff soon fainted, hit his head, and
sustained further injuries. (Id.). When he asked
Nurse T. Smith for closer observation and treatment, she
denied his request. (Id.).
May 2016 until June 2017, Plaintiff regularly reported
dizziness, headaches, stomach pain, and blackouts.
(Id.). Nurse T. Smith and Haley Davis denied him
access to medical care, including follow-up appointments with
his neurosurgeon. (Id.). Plaintiff filed numerous
grievances to report the denial of medical care to Dr. Trost,
Gail Walls, Muhammad Siddiqui, Kimberly Butler, Jacqueline
Lashbrook, and Angela Crain, but his complaints fell on deaf
ears. (Id. at pp. 10-13). Dr. Alt and Nurse
Smith then prescribed Plaintiff excessive
amounts of ibuprofen (400-800 mg), naproxen (750 mg), and
Mobic (800 mg). (Id. at p. 11). When he was finally
allowed to attend a follow-up appointment on August 8, 2017,
Plaintiff collapsed in the doctor's office and was
admitted to the hospital for treatment of internal bleeding.
(Id. at pp. 10-13). He blames the defendants,
including Wexford, for the denial of post-operative care.
on the allegations, the Court finds it convenient to divide
the pro se Amended Complaint into the following
Eighth Amendment claim against Defendants for denying or
delaying Plaintiff's post-operative care following
Fourteenth Amendment claim against Defendants for
disregarding Plaintiff's grievances regarding the denial
of medical care.
other claim that is mentioned in the Amended Complaint but
not addressed herein is considered dismissed without