United States District Court, S.D. Indiana, Indianapolis Division
ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER
William T. Lawrence, Judge United States District Court
Southern District of Indiana
Seth Keel, an inmate at the Westville Correctional Facility,
brings this action pursuant to 42 U.S.C. § 1983 alleging
that he was deprived of appropriate medical care while he was
confined at the Wabash Valley Correctional Facility.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The Court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. § 1915A(b).
state a cognizable claim under the federal notice pleading
system, the plaintiff is required to provide a “short
and plain statement of the claim showing that [he] is
entitled to relief[.]” Fed.R.Civ.P. 8(a)(2). It is not
necessary for the plaintiff to plead specific facts, and his
statement need only “give the defendant fair notice of
what the ... claim is and the grounds upon which it
rests.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 (2007) (quoting Conley v. Gibson, 355 U.S.
41, 47 (1957)); see Christopher v. Buss, 384 F.3d
879, 881 (7th Cir. 2004). However, a complaint that offers
“labels and conclusions” or “formulaic
recitation of the elements of a cause of action will not
do.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (quoting Twombly, 550 U.S. at 555). To state
a claim, a complaint must contain sufficient factual matter,
accepted as true, “that is plausible on its
face.” Id. “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.”
Id. The complaint's allegations “must be
enough to raise a right to relief above the speculative
level.” Twombly, 550 U.S. at 555;
Christopher, 384 F.3d at 881.
considering whether a complaint states a claim, courts should
follow the principles set forth in Twombly by first
“identifying pleadings that, because they are no more
than conclusions, are not entitled to the assumption of
truth.” Iqbal, 556 U.S. at 679. Legal
conclusions must be supported by factual allegations.
Id. If there are well-pleaded factual allegations,
the Court must then “assume their veracity and then
determine whether they plausibly give rise to an entitlement
to relief.” Id.
state a claim for relief under 42 U.S.C. § 1983, a
plaintiff must allege that: (1) he was deprived of a right
secured by the Constitution or laws of the United States; and
(2) the deprivation was visited upon him by a person or
persons acting under color of state law. Buchanan-Moore
v. County of Milwaukee, 570 F.3d 824, 827 (7th Cir.
2009); see also Gomez v. Toledo, 446 U.S. 635, 640
(1980). The Court is obliged to give the plaintiff's pro
se allegations, “however inartfully pleaded, ” a
liberal construction. See Erickson v. Pardus, 551
U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429
U.S. 97, 106 (1976)).
Allegations of the Complaint
plaintiff alleges that on November 11, 2017, he had a seizure
in his cell and was injured. He notified Officers Wright and
Duggar, but they ignored him. A short time later, Officers
Wiggins and Richardson escorted him to the medical bay where
Nurse Lauren Miller was hostile to him and did not properly
treat his injuries.
next day, he had another seizure and was injured again.
Officer J. Porter answered his emergency call and told him
she would send an officer to his cell. Officers Rinard and
Patrick escorted him to medical. Nurse Hadley failed to
properly treat his injuries.
plaintiff also alleges that he has been reaching out for
medical assistance, but Kim Hobson has refused to assist him.
November 27, 2017, Dr. Byrd prescribed him Depakote and
Tylenol for his pain. On December 7, 2017, Dr. Dennings
discontinued the Depakote because it causes nausea and eating
problems. She ordered an EKG, which has not been performed.
Dr. Denning also prescribed Keppra.
Robinson, Nurse Hadley, and Nurse Miller have all seen the
plaintiff for sick call and did ...