United States District Court, S.D. Indiana, Indianapolis Division
ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER
William T. Lawrence, Judge
Standard of Review
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).
Discussion of Complaint
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.
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.
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.
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.
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.
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.
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 ...