Summary
The United States District Court for the Southern District of Illinois conducted preliminary screening of Ronald Robinson’s Second Amended Complaint under 28 U.S.C. § 1915A. The court allowed Eighth Amendment deliberate-indifference claims against Dr. Meyer and Dr. Gentry to proceed, but dismissed without prejudice the claims against Wexford Health Sources, Inc. for failure to state a claim. The court also directed service-related procedures and terminated Wexford as a defendant.
Holdings
- The complaint plausibly alleged objectively serious medical needs and deliberate indifference by Dr. Meyer and Dr. Gentry; Counts 1 and 2 therefore survived preliminary screening.
- Robinson failed to state a claim against Wexford because he did not plausibly connect any Wexford policy, custom, or practice to the alleged denial or delay of his medical care; Count 3 was dismissed without prejudice.
- Robinson failed to plead plausible Illinois medical negligence and intentional-infliction-of-emotional-distress claims against Wexford; Counts 4 and 5 were dismissed without prejudice.
- Individuals mentioned in the allegations but not identified as defendants in the complaint were not treated as parties, and claims against unnamed Wexford medical staff or personnel were dismissed without prejudice.
Questions Presented
- Whether Robinson plausibly alleged objectively serious medical needs and deliberate indifference by Dr. Meyer and Dr. Gentry under the Eighth Amendment.
- Whether Robinson plausibly alleged that a Wexford policy, custom, or practice caused the denial or delay of medical care.
- Whether Robinson plausibly pleaded Illinois medical negligence and intentional infliction of emotional distress claims against Wexford under a respondeat superior theory.
- Whether individuals mentioned in the complaint but not named as defendants could be treated as parties.
Disposition
other
Cases Cited (8)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Donald v. Wexford Health Sources, Inc., 982 F.3d 451, 457-58 (7th Cir. 2020)(followed)
- Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005)(followed)
- O’Banner v. Bizzell, 151 F.3d 1033 (7th Cir. 1998) (unpublished)(followed)
- Shields v. Illinois Department of Corrections, 746 F.3d 782, 786 (7th Cir. 2014)(followed)
- Monell v. Department of Social Services, 436 U.S. 658 (1978)(followed)
- Morisch v. United States, 653 F.3d 522, 531 (7th Cir. 2011)(followed)
- McGreal v. Village of Orland Park, 850 F.3d 308 (7th Cir. 2017)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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