United States District Court, S.D. Illinois
GARY A. LAVITE, #12439, Plaintiff,
CHRISTOPHER EALES, JOHN LAKIN, NURSE SMITH, and C/O REICHART, Defendants.
MEMORANDUM & ORDER
Phil Gilbert United States District Judge.
matter is before the Court for preliminary review of the
Amended Complaint (Doc. 7) filed by Plaintiff Gary Lavite, a
detainee at Madison County Jail (“Jail”).
Plaintiff brings this civil rights action pursuant to 42
U.S.C. § 1983 for constitutional deprivations that
resulted from his (1) inadequate medical care for
cardiopulmonary conditions; (2) placement in a cellblock with
an inmate who assaulted him two years earlier; and (3)
exposure to asbestos. (Doc. 7, p. 6). Plaintiff seeks
monetary and injunctive relief. (Id. at p. 7). In
addition, he requests a preliminary injunction. (Doc. 9).
Amended Complaint is subject to screening under 28 U.S.C.
§ 1915A, which requires the Court to review prisoner
complaints to filter out non-meritorious claims. 28 U.S.C.
§ 1915A(a). Any portion of a complaint that is legally
frivolous or malicious, fails to state a claim for relief, or
asks for money damages from a defendant who is immune from
such relief must be dismissed. 28 U.S.C. § 1915A(b). The
factual allegations of the pro se complaint are
liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations in the Amended Complaint
(Doc. 7): During intake at the Jail in August 2019, Plaintiff
informed Nurse Smith that he suffered a heart attack one
month earlier while free. (Id. at pp. 2, 6). Smith
responded that it “was not their problem, ” and
they would obtain his medical records. (Id. at p.
6). The “Jail” also provided him with his inhaler
once every twelve hours, instead of once every three hours.
August 12, 2019, Officer Reichart moved Plaintiff to a
dormitory where Thomas Gray was housed. (Id. at p.
6). At the time, Gray was subject to a “protective
order” that prohibited him from coming within 500 feet
of Plaintiff following his aggravated assault on Plaintiff
two years earlier. (Id.). Gray threatened Plaintiff
and caused him to suffer panic attacks and an upset stomach.
(Id.). When Plaintiff reported this to Reichart, the
officer told him that “jail is a bitch
sometimes.” (Id.). Gray was moved away from
Plaintiff on August 17, 2019. (Id.).
also complains of ongoing asbestos removal without
containment at the Jail. (Id.). When he filed
grievances about this issue, Captain Eales denied the
presence of asbestos. (Id.). Eales also
“blocked . . . disclosure of defendants['] names .
. . [and denied Plaintiff] adequate tools needed to
[correspond] with this honorable Court.”
on these allegations, the Court finds it convenient to
reorganize the pro se Amended Complaint into the
following enumerated Counts:
Count 1: Fourteenth Amendment claim against
Officer Reichart for failing to protect Plaintiff from Inmate
Gray when Plaintiff informed the officer that they were
housed in the same cellblock.
Count 2: Fourteenth Amendment claim against
Nurse Smith for denying Plaintiff adequate medical care for
his cardiopulmonary conditions.
Count 3: Fourteenth Amendment claim against
Captain Eales for subjecting Plaintiff to unconstitutional
conditions of confinement that included asbestos.
Count 4: First Amendment claim against Eales
for denial of access to courts.
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 claim that is mentioned
in the Amended Complaint but not addressed herein is