Dion Moore v. Anthony Wills, Alisa Dearmond, Nurse Liz, Mike Moldenhauer, Nurse Jess, P. Devenney, Connie Dolce

Summary

The United States District Court for the Southern District of Illinois conducts preliminary screening under 28 U.S.C. § 1915A of Dion Moore’s § 1983 complaint concerning alleged inadequate medical care in prison. The court allows an Eighth Amendment deliberate-indifference claim to proceed against Mike Moldenhauer, while dismissing claims against the other named defendants and inadequately pleaded claims concerning additional incidents. The order directs service on Moldenhauer and provides related case-management instructions.

Holdings

1. Moore failed to state a deliberate-indifference claim against Dearmond because his allegations showed that she identified deficiencies, corrected them, and sent him for a colonoscopy, with no indication that she had a further role in his care.
2. Moore adequately stated a deliberate-indifference claim against Moldenhauer based on allegations that Moldenhauer recognized the need for a ten-day antibiotic course but failed to act after being notified that Moore had not received the full course.
3. Moore failed, as pleaded, to state a deliberate-indifference claim against Nurses Jess and Liz because the allegations suggested at most isolated missed doses and negligence, without sufficient detail concerning the number of missed doses, responsibility for them, or resulting harm.
4. Naming a person in the caption without factual allegations connecting that person to the alleged constitutional deprivation is insufficient to state a claim.

Questions Presented

1. Whether Moore adequately pleaded an Eighth Amendment deliberate-indifference claim against Dearmond based on her handling of his medical complaints.
2. Whether Moore adequately pleaded an Eighth Amendment deliberate-indifference claim against Moldenhauer based on the alleged failure to ensure adequate follow-up treatment after the first colonoscopy and H. pylori diagnosis.
3. Whether Moore adequately pleaded deliberate-indifference claims against Nurses Jess and Liz based on alleged failures to provide the full prescribed courses of antibiotics.
4. Whether Moore stated claims against defendants who were named in the caption but not connected to specific factual allegations.
5. Whether Moore's additional allegations concerning nerve damage, an assault, and a medical emergency were adequately pleaded.

Disposition

other