United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, UNITED STATES DISTRICT JUDGE
Leon Jackson, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Pontiac Correctional Center, filed this action pursuant to 42
U.S.C. § 1983 for alleged deprivations of his
constitutional rights. This case is now before the Court for
preliminary review of the Complaint under 28 U.S.C. §
1915A, which requires the Court to screen prisoner Complaints
to filter out nonmeritorious claims. 28 U.S.C. §
1915A(a). Any portion of the Complaint that is legally
frivolous, 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).
makes the following allegations in his Complaint: On June 9,
2018, Plaintiff went to the healthcare unit at Lawrence
Correctional Center (“Lawrence”). Nurse Doutly
went from nurse to nurse showing them his medical records.
After that, correctional officers walked by him making snide
remarks. Later, John Doe Doctor told him he was sick and had
HIV, maybe AIDS. He asked the doctor how long he had it and
the doctor told him he had a lawsuit. Thereafter, Plaintiff
requested his medical records on numerous occasions and was
ignored. Lawrence precluded him from obtaining his medical
records because there is evidence pertaining to his claim.
requested medication for his condition from John Doe Doctor
and Jane Doe Nurse Practitioner. He also asked them to place
him in the infirmary. They denied both requests. Plaintiff
filed a grievance and Warden Kink deemed it not an emergency.
He filed subsequent grievances that were denied as untimely
and duplicative. Plaintiff was told that John Baldwin was
aware of the “incident.” He was told
“several things” by Sherry Benton of the ARB.
February 2018, while incarcerated at Shawnee Correctional
Center, Plaintiff confided in Jane Doe, who was a doctor or
nurse practitioner, that he felt numerous symptoms. She gave
him a pamphlet about his condition.
March or April 2018, Plaintiff took a “test” and
it was negative. However, when he went to the healthcare
unit, nurses and correctional officers acted weird and made
stupid and loud comments. He felt something was wrong. A
nurse once said his blood count was low, too low. Plaintiff
believes the nurses and doctors were aware of his condition
and neglected his health.
on the allegations in the Complaint, the Court divides this
action into the following Counts:
Count 1: Eighth Amendment deliberate indifference to a
serious medical need claim against Kink, Nurse Doutly, John
Doe (Doctor at Lawrence), and Jane Doe 1 (Nurse
Practitioner at Lawrence) for denying Plaintiff medical
treatment for HIV and/or AIDS.
Count 2: State law medical negligence claim against John Doe
(Doctor at Lawrence) and Jane Doe
(Nurse Practitioner at Lawrence) for denying
Plaintiff medical treatment for HIV and/or AIDS.
Count 3: Eighth Amendment deliberate indifference to a
serious medical need claim against Jane Doe 2 (Doctor or
Nurse Practitioner at Shawnee) for denying Plaintiff
medical treatment for HIV and/or AIDS.
Count 4: State law medical negligence claim against Jane Doe
2 (Doctor or Nurse Practitioner at Shawnee)
for denying Plaintiff medical treatment for HIV and/or AIDS.
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. The designations do not
constitute an opinion regarding their merit. Any
other intended claim that has not been recognized by
the Court is considered dismissed without
prejudice as inadequately pleaded under the
cannot maintain his claim against IDOC because it is a state
governmental agency that cannot be sued for money damages.
See Will v. Mich. Dep't of State Police, 491
U.S. 58, 71 (1989) (“Neither a State nor its officials
acting in their official capacities are ‘persons'
under § 1983.”). Accordingly, IDOC will be
dismissed with prejudice.
fails to state a claim against John Baldwin and Sherry
Benton. He alleges only that he was told Baldwin was aware of
the “incident” and Benton told him “several
things.” These vague allegations are insufficient to
state a claim. Brooks v. Ross, 578 F.3d 574, 581
(7th Cir. 2009); see also Bell Atlantic Corp. v.
Twombly,550 U.S. 544, 570 (2007) (an action fails to
state a claim upon which relief can be granted if it does not
plead “enough facts ...