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Ruffin v. Wexford Health Sources, Inc.

United States District Court, S.D. Illinois

November 18, 2019

MWAMBA M. RUFFIN, #B72799, Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC., JOHN BALDWIN, FAIYAZ AHMED, DR. RITZ, VIPIN K. SHAH, LORIE CUNNINGHAM, NURSE BROOKS, HALEY BASNETT, and L. TROTTER, Defendants.

          MEMORANDUM AND ORDER

          Staci M. Yandle, United States District Judge.

         Plaintiff Mwamba Ruffin, an inmate in the custody of the Illinois Department of Corrections (“IDOC”) currently incarcerated at Big Muddy River Correctional Center (“Big Muddy”), brings this civil rights action pursuant to 42 U.S.C. § 1983 for alleged deprivations of his federal and state law rights at Lawrence Correctional Center (“Lawrence”). (Doc. 1). He claims Defendants denied him treatment for his depression, left shoulder mass, and hearing loss. (Id. at pp. 1-72). He seeks money damages and injunctive relief.[1] (Id. at pp. 1, 7).

         This case is before the Court for preliminary review of the Complaint pursuant to 28 U.S.C. § 1915A. However, before the Court can screen this case, it is necessary to first consider whether any claims are improperly joined in this action. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).

         The Complaint

         Plaintiff makes the following allegations in the Complaint: Plaintiff has been denied mental health treatment for depression by Defendants Trotter, Basnett, Brooks, Wexford, and Baldwin since June 2017. (Doc. 1, pp. 3-4, 6, 29-34, 40-43). Plaintiff has also been denied surgery and medical care for a painful left shoulder mass and infection by Defendants Ahmed, Shah, Ritz, Wexford, and Baldwin since 2016 (Id. at pp. 5-7, 15-22, 25-28, 44-71) and has been denied a hearing examination and hearing aids by Defendant Cunningham. (Id. at pp. 6-7, 35-39).

         Claims

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

Count 1: Eighth Amendment claim against Defendants Trotter, Basnett, Brooks, Wexford, and Baldwin for their deliberate indifference to Plaintiff's mental health needs at Lawrence. (Doc. 1, pp. 3-4, 6, 29-34, 40-43).
Count 2: Illinois medical negligence claim against Defendants Trotter, Basnett, Brooks, Wexford, and Baldwin for delaying or denying Plaintiff access to mental health treatment at Lawrence. (Doc. 1, pp. 3-4, 6, 29-34, 40-43).
Count 3: Eighth Amendment claim against Defendants Ahmed, Ritz, Shah, Wexford, and Baldwin for their deliberate indifference to Plaintiff's painful left shoulder mass and infection at Lawrence. (Doc. 1, pp. 5-7, 15-22, 25-28, 44-71).
Count 4: Illinois medical negligence claim against Defendants Ahmed, Ritz, Shah, Wexford, and Baldwin for delaying or denying Plaintiff medical care and surgery for a painful left shoulder lipoma and infection at Lawrence. (Doc. 1, pp. 5-7, 15-22, 25-28, 44-71).
Count 5: Eighth Amendment claim against Defendant Cunningham for delaying or denying Plaintiff's request for a hearing test and hearing aids at Lawrence. (Doc. 1, pp. 6-7, 35-39).
Count 6: Illinois medical negligence claim against Defendant Cunningham for delaying or denying Plaintiff's request for a hearing test and hearing aids at Lawrence. (Doc. 1, pp. 6-7, 35-39).

         The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed ...


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