Summary
The United States District Court for the Southern District of Illinois conducted preliminary screening under 28 U.S.C. § 1915A of Justin Michael Davenport’s civil rights complaint concerning inadequate seizure-medication and medical care. The court dismissed claims against IDOC, Wexford, and unidentified defendants, but allowed an Eighth Amendment deliberate-indifference claim to proceed against Nurse Susan. The court also granted Davenport’s motion to proceed despite his inability to pay the initial partial filing fee and directed service of the complaint.
Holdings
- The complaint plausibly alleged that Nurse Susan knew of and consciously disregarded Davenport's serious medical need by refusing to provide his seizure medication; Count 1 therefore survived preliminary review.
- IDOC was dismissed because it is not a person subject to suit for money damages under § 1983, and the court concluded that a state agency could not be sued for prospective injunctive relief in federal court.
- Wexford was dismissed without prejudice because the complaint did not allege that a Wexford policy or practice caused a constitutional violation and merely naming Wexford in the caption was insufficient.
- The claims against John/Jane Doe 1 and John/Jane Doe 2 were dismissed because the complaint did not identify the individuals or connect each one to particular acts or omissions.
- The court granted Davenport's motion and found that he was unable to pay the initial partial filing fee at that time, while preserving his obligation to pay the statutory filing fee through payments from his institutional account.
Questions Presented
- Whether the complaint stated a plausible Eighth Amendment deliberate-indifference claim against Nurse Susan based on the alleged refusal to provide seizure medication.
- Whether the complaint stated claims against IDOC, Wexford, John/Jane Doe 1, or John/Jane Doe 2.
- Whether Davenport should be excused from paying the initial partial filing fee because he lacked sufficient funds.
Disposition
other
Cases Cited (8)
- Thomas v. Ill., 697 F.3d 612, 613 (7th Cir. 2012)(followed)
- Quick v. Ill. Dep't of Fin. & Prof'l Regulation, 468 F. Supp. 3d 1001, 1009 (N.D. Ill. June 23, 2020)(followed)
- Shields v. Ill. Dep't of Corr., 746 F.3d 782, 789 (7th Cir. 2014)(followed)
- Collins v. Kibort, 143 F.3d 331, 334 (7th Cir. 1998)(followed)
- Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009)(followed)
- Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 828-29 (7th Cir. 2009)(followed)
- Giles v. Godinez, 914 F.3d 1040, 1049 (7th Cir. 2019)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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