United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.
Gregory Spence, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Big Muddy River Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. In the Complaint,
Plaintiff alleges he was retaliated against and denied access
to his diabetes medication. He asserts claims against the
defendants under the First and Eighth Amendments. Plaintiff
seeks monetary damages.
filing his Complaint, Plaintiff filed a Supplemental
Complaint (Doc. 6) which includes additional claims and
allegations that occurred after the filing of his original
Complaint. The Court will not accept
piecemeal amendments to the original
complaint. An amended complaint supersedes and replaces the
original complaint. See Flannery v. Recording Indus.
Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir.2004).
Thus, any amended complaint must stand on its own, without
reference to any previous pleading. Plaintiff's
Supplemental Complaint includes no such reference to the
claims and allegations in his original Complaint. As
Plaintiff's amended complaint is a piecemeal attempt to
add additional claims which occurred after the filing of his
original Complaint, the Court will not accept the filing.
Instead, the Court will review Plaintiff's original
Complaint pursuant to 28 U.S.C. § 1915A.
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
August 16, 2019, Plaintiff returned to his cell to find that
someone had rummaged through his property. He learned from
another inmate that Correctional Officer (“C/O”)
Van Dyke went through his cell but failed to issue a
shakedown slip. (Doc. 1, p. 5). Plaintiff wrote an emergency
grievance and sent a request to Warden Sullivan about staff
misconduct. On August 23, 2019, Van Dyke entered
Plaintiff's cell and asked why the cell door was jammed.
Plaintiff's cellmate responded that he forgot to remove
the towel from the top of the cell door after returning from
the shower. (Id.). Van Dyke left the cell, returned
with a sergeant, and informed the sergeant that something
fell from the lock when he opened the door. Plaintiff's
cellmate again responded that it was a towel and nothing fell
from the lock. The two officers left and returned with a
lieutenant. Plaintiff informed the lieutenant that Van Dyke
was lying about the lock and that he was retaliating against
Plaintiff for filing the August 16, 2019 grievance. Plaintiff
and his cellmate were then escorted to segregation.
Plaintiff arrived in segregation, he informed segregation
officers that he was a diabetic and needed his metformin,
which was in his property box. (Doc. 1, p. 6). The officers
informed Plaintiff that his property was currently being
inventoried, and he would receive it later. When he finally
received his property box, the metformin was missing, and
officers informed him that it had been thrown away. Plaintiff
wrote an emergency grievance and a letter to Warden Sullivan
about his metformin. (Id.).
his stay in segregation, from August 23 until August 27,
2019, Plaintiff asked John Doe Officers and Jane Doe Nurses
about his metformin, but they refused his requests or ignored
him. (Doc. 1, pp. 6-9). Plaintiff's health continued to
deteriorate without the medication, and he became dizzy and
had blurred vision. He continued to ask for help, for access
to exercise, and for his medication, but his requests were
refused. (Id.). Plaintiff also sent letters to
Debbie Isaacs and requests to the healthcare unit, but he did
not receive a response. (Id. at pp. 9 and 12). After
being released from segregation, he was provided one dose of
metformin on August 29, 2019, but he did not receive any
further medication. (Id. at pp. 9-10). Two days
later, Plaintiff awoke in pain and notified a John Doe C/O;
he was allowed to go to the healthcare unit, but he had to
walk there on his own. (Id. at p. 10). Plaintiff was
required to wait in the waiting area of the healthcare unit
for fifteen minutes before receiving care from a Jane Doe
Nurse. She gave him Tylenol and placed him in the infirmary.
(Id. at p. 11). On September 1, 2019, John Doe Nurse
informed Plaintiff that Dr. Larson had been contacted about
Plaintiff's condition, and Plaintiff was sent back to his
cellhouse with a pack of Tylenol. (Id.).
on the allegations in the Complaint, the Court finds it
convenient to divide the pro se action into
the following two counts:
Count 1: Tad Van Dyke placed Plaintiff in segregation
in retaliation for Plaintiff's August 16, 2019 emergency
grievance against him in violation of the First
Count 2: Daniel Sullivan and Debbie Isaac were
deliberately indifferent to Plaintiff's need for
metformin in violation of the Eighth Amendment.
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. Any other claim that
is mentioned in the Complaint but not addressed in this Order
should be considered dismissed without prejudice as
inadequately pled under the Twombly pleading