United States District Court, S.D. Illinois
QUINYATTE J. HARRELL, #180524, Plaintiff,
DEREK MORGAN, Defendant.
MEMORANDUM AND ORDER
PHIL GILBERT UNITED STATES DISTRICT JUDGE
Quinyatte Harrell brings this action pursuant to 42 U.S.C.
§ 1983 for deprivations of his constitutional rights at
Wabash County Jail. Plaintiff claims that Sheriff Morgan
denied him prescription blood pressure medication and medical
care for ten days in June 2018. (Id. at p. 6). He
seeks monetary relief. (Id. at p. 7).
Complaint is subject to review pursuant to 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 Complaint that is legally
frivolous or malicious, fails to state a claim for relief, or
requests 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 at this stage. Rodriguez v. Plymouth
Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations in the Complaint (Doc. 1, p.
6): When he was booked into Wabash County Jail on June 15,
2018, Plaintiff informed Sheriff Morgan that he suffered from
high blood pressure and required Lisinopril (20 mg) to manage
the condition. Sheriff Morgan instructed Plaintiff to have
his family or friends bring his prescription medication to
the Jail. Plaintiff told the sheriff that he had no family or
friends in the area, but the sheriff said there was nothing
he could do. Plaintiff's blood pressure spiraled out of
control during the next ten days. On July 25, 2018, he was
rushed to Wabash General Hospital for emergency treatment.
When he returned to the Jail, Sheriff Morgan immediately
released him from detention. (Id.).
on the allegations summarized herein, the Court designates a
single claim in the pro se Complaint:
Count 1: Fourteenth Amendment claim against
Sheriff Morgan for denying Plaintiff access to his
prescription blood pressure medication at the Jail from June
parties and the Court will use these designations in all
future pleadings and orders, unless
otherwise directed by a judicial officer of this
Complaint articulates a colorable claim against Sheriff
Morgan. The sheriff was aware that Plaintiff required
prescription medication to manage his hypertension when he
denied Plaintiff access to medication and medical care at the
Jail from June 15-25, 2018. These facts satisfy the
Fourteenth Amendment's objective unreasonableness
standard that is applicable to medical claims brought by
pretrial detainees. See Miranda v. County of Lake,
900 F.3d 335 (7th Cir. 2018) (applying objective
unreasonableness inquiry to Fourteenth Amendment medical
claim of pretrial detainee's estate). Count 1 is subject
to further review against Defendant Morgan.
Motion for Recruitment of Counsel (Doc. 5) is DENIED
without prejudice. See Pruitt v. Mote, 503
F.3d 647, 654 (7th Cir. 2007) (articulating factors court
considers when evaluating motions for counsel). Plaintiff has
not demonstrated sufficient efforts to locate counsel on his
own. He sent letters to two attorneys and filed the instant
motion before receiving a response. He also cited no
impediments to self-representation that warrant the
Court's intervention at this stage, given his high
education level and clear ability to articulate his claim
against the sheriff. Plaintiff may renew his request for
counsel as the case proceeds by filing a new motion.
IS ORDERED that the Complaint (Doc. 1) survives
preliminary review pursuant to 28 U.S.C. § 1915A, and
COUNT 1 will proceed against Defendant
this claim arises from the alleged denial of medical care,
the Clerk of Court is DIRECTED to enter the
standard qualified protective order pursuant to the ...