Sandra Lopez v. George Duncan et al.

Summary

The United States District Court for the Central District of Illinois screened Sandra Lopez’s prisoner complaint under 28 U.S.C. § 1915A. The court allowed an Eighth Amendment deliberate-indifference claim to proceed against Dr. George Duncan in his individual capacity, dismissed the claims against the other defendants, denied Lopez’s motion for appointed counsel, and directed service of the complaint.

Holdings

1. The complaint plausibly stated an Eighth Amendment deliberate-indifference claim against Dr. Duncan, and the claim proceeds against him in his individual capacity.
2. The complaint failed to state plausible § 1983 claims against Centurian and Wexford because it did not allege an unconstitutional policy, widespread custom, or action by a final policymaker.
3. The complaint failed to state a plausible claim against the Illinois Department of Corrections because the entity named was not a suable person under § 1983.
4. The motion for counsel was denied because Lopez did not meet the threshold requirement of showing a reasonable attempt to obtain counsel or that she was effectively precluded from doing so.

Questions Presented

1. Whether Lopez's allegations stated an Eighth Amendment deliberate-indifference claim against Dr. Duncan.
2. Whether Lopez stated a viable § 1983 policy-or-custom claim against Centurian Correctional Healthcare and Wexford Health Sources, Incorporated.
3. Whether the Illinois Department of Corrections was a suable person under § 1983.
4. Whether Lopez was entitled to appointed counsel at the screening stage.

Disposition

other