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Williams v. Corizon Correctional Medical Corp.

United States District Court, S.D. Indiana, Indianapolis Division

May 17, 2017

ANTHONY WILLIAMS, Plaintiff,
v.
CORIZON CORRECTIONAL MEDICAL CORPORATION et al., ROBERT E. CARTER, JR. IDOC Commissioner, MR. KEITH BUTTS Warden, BRUCE IPPEL Dr., Corizon Correctional Medical Corporation, Defendants.

          ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS

          Hon. William T. Lawrence, Judge

         I. Standard of Review

         The plaintiff is a prisoner currently incarcerated at New Castle Correctional Facility (“New Castle”). Because the plaintiff is a “prisoner” as defined by 28 U.S.C. § 1915(h), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants. Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. In determining whether the complaint states a claim, the Court applies the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To survive dismissal,

[the] complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by the plaintiff are construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers. Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).

         II. Discussion of Complaint

         Plaintiff Anthony Williams filed this civil action against Corizon Correctional Medical Corporation, Commissioner Robert E. Carter, Jr., Warden Keith Butts, and Dr. Bruce Ippel. The claim against Warden Keith Butts in his official capacity is really a claim against GEO Group. Accordingly, the clerk is directed to update the docket to reflect that GEO Group is a defendant in this action.

         A. Factual Allegations

         Williams alleges that on January 8, 2017, at 11:30 p.m. he slipped and fell in the bathroom injuring his right knee. Williams alleges that he slipped because there was water on the floor as a result of another offender using the shower and the water not being properly contained or removed. Williams asked the unit officer to contact medical staff, but he refused. An incident report of the fall was not written.

         At 9:00 a.m. the next morning (following shift change) Williams was taken to the medical department. He was seen by a nurse, given an ace bandage, instructed to elevate his leg and given aspirin for pain. His request for additional pain medication was denied. Williams requested a wheelchair. That request was denied, but he was given crutches.

         On January 11, 2017, at 5:30 a.m., Williams slipped and fell on black ice on the sidewalk outside the chow hall adding further injury to his damaged right knee. Two officers and an offender helped him up, but no incident report was created.

         On January 16, 2017, Williams submitted a medical health care request stating that he was still in pain. On February 6, 2017, Williams was issued a wheelchair and informed that his x-rays showed that he had a broken bone “in his right knee area.” Dkt. 1 at 6.

         On February 13, 2017, Williams was transported to Reid Orthopedic for additional x-rays and fitted with a sturdy brace. On February 20, 2017, Williams was transported to a hospital in Anderson, Indiana, for an MRI.

         On March 7, 2017, Williams was transported to Reid Orthopedic and told that his bones in his right leg are not aligned as they should be and that the only way to ...


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