United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
PHIL GILBERT UNITED STATES DISTRICT JUDGE
Stephen Moultrie brings this action pursuant to 42 U.S.C.
§ 1983 alleging deprivations of his constitutional
rights. He claims that he was denied medical treatment for
his broken hand while in the custody of the Carbondale Police
Department and Jackson County Jail. He is seeking monetary
case is now before the Court for preliminary review of the
First Amended Complaint pursuant to 28 U.S.C. §
1915A. Under Section 1915A, the Court is required
to screen prisoner complaints and filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of the First
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: On March 31, 2019, Plaintiff
was arrested and taken into custody by the Carbondale Police
Department. (Doc. 7, p. 6). He told Officer Kittler that his
hand was broken due to an incident earlier in the day, but
Kittler ignored his request for medical treatment.
(Id.). Instead, Kittler performed a gunshot residue
test on his hands causing more pain to his injured hand.
While in custody of the Jackson County Jail, he continued to
be denied medical treatment for his hand. For twelve days he
was in pain and had difficulty completing everyday tasks. He
did not receive treatment until April 11, 2019, but by this
time his hand had healed incorrectly. (Id.).
names the County of Jackson as a defendant. Municipalities
can be held liable pursuant to Section 1983 if they have an
official policy or unofficial custom that causes
constitutional violations. Monell v. N.Y.C. Dep't of
Soc. Servs. 436 U.S. 658, 691 (1978). Plaintiff does not
claim that his constitutional deprivations were caused by a
policy or custom, only that the County of Jackson is the
employer for the defendants. (Doc. 7, p. 1). As a there is no
supervisory liability under Section 1983, the County of
Jackson and any claims against it will be dismissed without
prejudice from this action. See Monell 436 U.S. at
690 (“municipality cannot be held liable under §
1983 on a respondeat superior theory”);
Rossi v. City of Chi. 790 F.3d 729, 737 (7th Cir.
on the allegations of the First Amended Complaint, the Court
finds it convenient to divide the pro se action into
the following Count. The parties and the Court will use this
designation in all future pleadings and orders, unless
otherwise directed by this Court:
Count 1:Failure to treat and inadequate
medical care claim against Officer Kittler for refusing to
obtain medical treatment for Plaintiff's broken hand.
claims that are not identified above should be considered
dismissed without prejudice as inadequately pled under
Count 1 Because Plaintiff claims that the
constitutional violations occurred following arrest, it is
not clear whether he was an arrestee or detainee at the time
his claims arose. Regardless, the Fourth Amendment governing
“the period of confinement between arrest without a
warrant and the [probable cause determination]” and the
Fourteenth Amendment Due Process Clause applicable to
pretrial detainees both apply an objectively unreasonableness
standard to a defendant's actions. Currie v.
Chhabra, 728 F.3d 626, 629 (7th Cir. 2013) (quoting
Villanova v. Abrams, 972 F.2d 792, 797 (7th Cir.
1992)); Miranda v. Cty. Lake, 900 F.3d 335, 351 (7th
claims that Officer Kittler knew his hand was broken and
ignored his request for medical treatment is sufficient to
survive screening. Therefore, Count 1 will proceed against