Osbaldo Jose-Nicolas v. Dr. Ek, Nurse Jane Doe, and Wexford Health Sources, Inc.

Summary

The United States District Court for the Central District of Illinois conducted a merit review under 28 U.S.C. § 1915A of a pro se prisoner’s § 1983 complaint concerning alleged deliberate indifference to a left-arm injury. The court allowed the Eighth Amendment claims to proceed against Nurse Jane Doe and Dr. Ek, while dismissing Wexford Health Sources, Inc. without prejudice because the complaint did not allege a qualifying policy or practice. The order also addressed identification and service of the Doe defendant and other case-management procedures.

Holdings

1. Plaintiff alleged sufficient facts to proceed on an Eighth Amendment claim against Nurse Jane Doe and Dr. Ek based on their alleged deliberate indifference to his left-arm injury and pain.
2. Wexford was dismissed without prejudice because Plaintiff did not allege that a Wexford policy or practice caused his injury; Wexford could not be held liable merely for the actions of its employees.

Questions Presented

1. Whether Plaintiff pleaded sufficient facts to proceed under the Eighth Amendment against Nurse Jane Doe and Dr. Ek for deliberate indifference to a serious medical need.
2. Whether Plaintiff stated a § 1983 claim against Wexford Health Sources, Inc. by alleging injury caused by a Wexford policy or practice.

Disposition

other