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Dixon v. Wexford Medical Source

United States District Court, S.D. Illinois

October 9, 2019

MARCUS T. DIXON, B66674, Plaintiff,
v.
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

          STACI M. YANDLE, UNITED STATES DISTRICT JUDGE

         This 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).

         The 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).

         The Amended Complaint

         Plaintiff 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. (Id.).

         On 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.).

         From 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[1] 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. (Id.).

         Based on the allegations, the Court finds it convenient to divide the pro se Amended Complaint into the following Counts:

Count 1:
Eighth Amendment claim against Defendants for denying or delaying Plaintiff's post-operative care following neurosurgery.
Count 2:
Fourteenth Amendment claim against Defendants for disregarding Plaintiff's grievances regarding the denial of medical care.

         Any other claim that is mentioned in the Amended Complaint but not addressed herein is considered dismissed without ...


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