United States District Court, S.D. Indiana, Indianapolis Division
ENTRY SCREENING AMENDED COMPLAINT, DISMISSING CERTAIN
CLAIMS AND DIRECTING FURTHER PROCEEDINGS
WALTON PRATT, JUDGE
plaintiff, Raymond McGraw (“McGraw”) is a
prisoner currently incarcerated at Miami Correctional
Facility. Because McGraw is a “prisoner” as
defined by 28 U.S.C. § 1915(h), this Court has an
obligation to screen his complaint before service on the
defendants. Pursuant to § 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 McGraw 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).
Amended Complaint alleges that McGraw's Eighth Amendment
right to constitutionally adequate medical care was violated
when he was an inmate at Pendleton Correctional Facility
(“Pendleton”). He brings his claims against 12
individual defendants, as well as, Corizon Health Care
Services and Pendleton Correctional Facility.
explains that on September 14, 2015, he had back surgery at
Ball Memorial Hospital in Muncie, Indiana. Following surgery
he was housed at the infirmary at Pendleton. Between
September 15 and September 19, 2015, McGraw's wound was
not drained as required every 10 to 12 hours. As a result, he
developed a fever and infection.
September 18, 2015, Dr. Talbot saw McGraw for his fever and
back infection and stated that he would give McGraw three
antibiotic shots and then start him on antibiotic capsules on
September 22, 2015, when McGraw was released from the
infirmary. He never received the shots and was finally
provided the oral antibiotics on September 25, 2015.
September 20, 2015, the drain was removed from McGraw's
back leaving an open wound. He was released from the
infirmary with the wound, infection and fever. Dr. Talbot did
not provide written instructions that McGraw was to change
his dressing, and clean and rinse the wound, twice a day.
September 25, 2015, Nurse Rose removed half of McGraw's
staples/stitches in a room in the cell house. She didn't
take the time to remove them completely. From September 21,
2015 through October 30, 2015, (with the exception of October
12, 2015 when a nurse changed the dressing) McGraw had to
change his own back bandages using toilet paper 5-6 times a
day. He wasn't able to rinse and clean the infection on
his back by himself. He wrote letters to Mrs. Welder and Mrs.
McCullough. He also filed grievances, but Mrs. Francum would
not allow McGraw to complete the grievance process.
October 12, 2015, Dr. Talbot didn't look at or examine
McGraw's infection or wound. Dr. Talbot did, however,
prescribe Keflex antibiotics for 10 days for the infection
and stated that he would renew McGraw's pain pills.
McGraw did not receive these medications. Dr. Talbot wrote an
order for McGraw to change his own bandages but he was not
provided tape or bandages.
October 16, 2015, McGraw was seen by the surgeon at a follow
up appointment. The staples and stitches Nurse Rose
didn't remove on September 25, 2015, were removed. The
wound was rinsed, cleaned, packed and new dressing was
placed. McGraw was given a shot for the infection and an
order was written to Dr. Talbot to start McGraw on
medications including Cipro 500 mg and to clean the wound and
change dressings daily.
days later, on October 27, 2015, McGraw's infected wound
was examined for the first time by Dr. Talbot. Dr. Talbot
then prescribed Cipro 500 mg and other medications. Again,
McGraw did not receive these medications.
October 30, 2015, McGraw was seen in the infirmary. He was
given a shot for the infection. The wound was cleaned,
rinsed, packed and dressed.
about October 30, 2015, McGraw was transferred to New Castle
Correctional Facility to receive further treatment for his
infected wound that was one and a half inches wide and an
December 30, 2015, McGraw was returned to Pendleton. The
infection was better but still present. The wound was the
size of a dime. McGraw believes he was returned to Pendleton
so that he could be subjected to Dr. Talbot's deliberate
indifference in retaliation ...