Coleman v. Lindenberg et al

Filing 1

MEMORANDUM AND ORDER: SEVERING CASE FROM 17-518-DRH-SCW. Signed by Judge David R. Herndon on 7/19/2017. (tkm)

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Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 1 of 21 Page ID #32 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DWAINE COLEMAN, #B62923, Plaintiff, vs. Case No. 17-cv-0518-DRH ILLINOIS DEPARTMENT OF CORRECTIONS, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), KENT BROOKMAN, JASON HART, WARDEN LASHBROOK, UNKNOWN PARTY, SGT. LINDENBERG, SGT. TAYLOR, C/O WASSON, C/O CORNSTOBBLE, WEXFORD HEALTH, MOLDENHAUER, C/O GORDNER, C/O GEE, UNKNOWN PARTY #2, SGT. JONES, C/O DUDZYNSKI, and MAJOR CARTER, Defendants. MEMORANDUM AND ORDER HERNDON, District Judge: Plaintiff Dwaine Coleman, an inmate in Menard Correctional Center 1 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 2 of 21 Page ID #33 (“Menard”), brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. In his Complaint, Plaintiff alleges that the defendants have violated his constitutional rights in a variety of ways, including by showing deliberate indifference to his medical needs, depriving him of due process, sexually harassing him, retaliating against him, stealing from him, and subjecting him to unconstitutional conditions of confinement. (Doc. 1). This case is now before the Court for a preliminary review of the Complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening – The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. (b) Grounds for Dismissal – On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint– (1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. An action or claim is frivolous if “it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Frivolousness is an objective standard that refers to a claim that any reasonable person would find meritless. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). An action fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). The claim of entitlement to relief must cross “the line between possibility and plausibility.” Id. at 557. At this juncture, the 2 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 3 of 21 Page ID #34 factual allegations of the pro se complaint are to be liberally construed. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009). As a part of screening, the Court is also allowed to sever unrelated claims against different defendants into separate lawsuits. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). In George, the Seventh Circuit emphasized that the practice of severance is important, “not only to prevent the sort of morass” produced by multi-claim, multi-defendant suits “but also to ensure that prisoners pay the required filing fees” under the Prison Litigation Reform Act. Id. The Seventh Circuit in Owens v. Godinez, No. 15-3892, WL 2655424 (7th Cir. June 20, 2017) recently issued strong encouragement to district courts to enforce the directive of George. Consistent with George and Owens, unrelated claims will be severed into new cases, given new case numbers, and assessed separate filing fees. The Complaint In his Complaint (Doc. 1), Plaintiff makes the following allegations: upon arriving at Menard on March 1, 2017, Plaintiff was placed in a cell with no bedding or hygiene items (e.g., soap and toothpaste) and none of his pain and migraine medication. (Doc. 6, p. 10). He was without these items for two weeks, pursuant to a policy at Menard disallowing property for new inmates until they have been at the prison for two weeks. Id. Plaintiff spent ten days in the same undergarments without the opportunity to clean them properly. Id. Plaintiff’s cellmate had a colostomy bag, but he did not have proper bio-hazard disposal 3 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 4 of 21 Page ID #35 bags or cleaning supplies, which exposed Plaintiff to Hepatitis C and other infectious diseases because Plaintiff “was forced to double shower in a cage designed for one with black mold and standing water while [his cellmate] washed out his colostomy bag which ran into standing water.” Id. On March 17, “Sgt. Lindenberg threatened and sexually harassed” Plaintiff. Id. Plaintiff made a PREA report, and Lindenberg “retaliated by taking [Plaintiff’s] outside recreation on March 18, 2017.” Id. On March 30, 2017, C/Os Wasson and Cornstobble told other inmates that Plaintiff was a “homosexual snitch for making a PREA report on Sgt. Lindenberg.” Id. They also walked past Plaintiff’s cell while saying: “PREA I suck dick” in an antagonistic manner. Id. Plaintiff requested a crisis team but was retaliated against by being stripped of his property by Sgt. Taylor without being found guilty of any rule violations or getting a shakedown or inventory slip for confiscated property. Id. A “[f]alse I.D.R. for threatening to kill C/Os was written, but [Plaintiff] was not afforded witnesses or video as requested.” Id. Taylor, Cornstobble, and Wasson “rigged” Plaintiff’s sink, which caused water to explode from it and soak Plaintiff’s cell. Id. Plaintiff was injured trying to avoid the water when he fell and injured his head, neck, and back. Id. Plaintiff was denied medical attention despite slips he sent to Nurse Reeba. Id. Plaintiff was “left wet and in pain for two days in [his] cell with only [his] nasty mattress.” Id. Plaintiff was denied his migraine medication, essential hygiene items (e.g., soap and toothpaste), and legal work for fifteen days. Id. “Intel Officer insinuated 4 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 5 of 21 Page ID #36 retaliation for [Plaintiff’s] PREA report and ridiculed [Plaintiff] and closed both investigations [“first time” and water incident] without talking to any of [Plaintiff’s] listed witnesses.” Id. “Personal Property when returning property allows inmate workers to steal whatever they want from segregation offenders.” (Doc. 1, p. 7). Plaintiff’s food was stolen, along with affidavits and legal books. Id. Plaintiff believes this to be a statewide practice, custom, or policy, and notes that his fan, television, beard trimmer, and night light were stolen and never shipped to Menard when he was transferred there. Id. A grievance officer told Plaintiff that “Personal Property” told him or her that they had no record of Plaintiff’s items in their file. Id. “Personal Property makes offenders sign inventory sheets attesting that all property is present without allowing inventory . . . under threat of not receiving property.” Id. Inmate workers deliver this property unsupervised. Id. A nurse practitioner told Plaintiff that his migraine medication had been reordered after he had been out of it for a month and a half. Id. After he suffered a seizure, however, Nurse Norton informed Plaintiff that his medications were not on order as of April 30, 2017. Id. She submitted Plaintiff to sick call, and M.P. Moldenhauer switched Plaintiff’s medications from Salsalate, which Plaintiff told him had been working, to Propranoloc. Id. Plaintiff had three seizures while he was being denied his migraine medication. Id. Warden Lashbrook and Major Carter were personally informed of this but failed to act and denied Plaintiff’s grievance regarding his medication as a non-emergency. Id. 5 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 6 of 21 Page ID #37 Menard does not issue rulebooks to inform offenders of expected behavior, and it denies witnesses and video in investigations. Id. AFSCME has created policy that emboldens bad acts on the part of its members, as evidenced by members, including Cornstobble, bragging that they can kill inmates without repercussions. Id.; (Doc. 1, p. 6). There is also a culture of harassment where guards make homosexual jokes and falsely label offenders as homosexuals, which endangers their lives and exposes them to “sexual deviants.” Id. Further, “[a]ll PREA reports are ruled unsubstantiated with no witnesses contacted.” (Doc. 1, p. 7). Library access at Menard is “non-existent” because “no legal browsing is permitted and only book delivery” is available. Id. Menard and “many IDOC institutions refuse to stock grievances and [other] forms in conspiracy to interfere with access to courts, while disciplinary reports are abundant.” Id. “Inmate property is stolen to keep commissary funds flowing as officers receive 60% of profits from inmate commissary, [and] offenders constantly have to replace stolen goods.” (Doc. 1, p. 8). Menard also tells offenders they cannot grieve the confiscation of food when they have been placed in segregation, and a variance from IDOC is needed to circumvent the administrative directives on proper disposal. Id. Lindenberg told Plaintiff about the commissary “scam” when Plaintiff complained to him about missing property. Id. Plaintiff’s excessive force / staff conduct complaint was ignored. Id. He 6 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 7 of 21 Page ID #38 attempted to mail grievances to the ARB on April 24, 2017, but the receipt was never returned, and the mailroom refused to respond to his requests regarding the fact that his six month trust ledger indicates that the grievances were never mailed. Id. Plaintiff alleges that the Illinois Department of Corrections (“IDOC”) “has been aware of all unlawful acts through [the] grievance procedure but has consistently failed to act while denying grievances.” (Doc. 1, p. 6). Plaintiff further claims that Wexford Health conspires with IDOC to cover abuse and save money. Id. Plaintiff includes several allegations against Sgt. Jones, C/O Dudzynski, Wexford Health, and Nurse Reeba that involve alleged deprivations of Brian Coleman’s constitutional rights. (Doc. 1, p. 8). However, Brian Coleman is no longer a party to the case, per this Court’s Order (Doc. 6) granting his Motion to Withdraw from Litigation (Doc. 5). Plaintiff seeks declaratory and monetary relief. (Doc. 1, p. 9). Discussion Based on the allegations of the Complaint, the Court finds it convenient to divide the pro se action into 12 counts. The parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion regarding their merit. Count 1 – Lindenberg subjected Plaintiff to cruel and unusual punishment by threatening and sexually harassing him in 7 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 8 of 21 Page ID #39 violation of the Eight Amendment. Count 2 – Lindenberg retaliated against Plaintiff for making a PREA report in violation of the First Amendment by taking his outside recreation on March 18, 2017. Count 3 – Wasson and Cornstobble retaliated against Plaintiff for making a PREA report in violation of the First Amendment by telling other inmates Plaintiff was a homosexual and antagonizing him outside of his cell on March 30, 2017. Count 4 – Taylor retaliated against Plaintiff for requesting a crisis team in violation of the First Amendment by stripping him of his property without his being found guilty of any rule violations. Count 5 – Taylor violated Plaintiff’s Fourteenth Amendment right to due process by stripping him of his property without his being found guilty of any rule violations and without providing him with a shakedown or inventory slip for confiscated property. Count 6 – Taylor, Cornstobble, and Wasson subjected Plaintiff to cruel and unusual punishment in violation of the Eighth Amendment by tampering with his sink causing water to erupt from it, which resulted in Plaintiff sustaining injuries. Count 7 – Intel Officer (Unknown Party # 2) violated Plaintiff’s Fourteenth Amendment right to due process and retaliated against Plaintiff for filing a PREA report in violation of the First Amendment by closing investigations against Plaintiff without talking to Plaintiff’s listed witnesses. Count 8 – AFSCME has created an unconstitutional policy emboldening bad acts on the part of its members, as evidenced by members, including Cornstobble, bragging that they can kill inmates without repercussions. Count 9 – Moldenhauer showed deliberate indifference to Plaintiff’s medical needs in violation of the Eighth Amendment when he switched Plaintiff’s migraine medication away from the medication that had worked for him. Count 10 – Lashbrook and Carter showed deliberate indifference to Plaintiff’s medical needs in violation of the Eighth Amendment by failing to act upon a grievance from Plaintiff concerning the 8 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 9 of 21 Page ID #40 deprivation of his migraine medication. Count 11 – IDOC has violated Plaintiff’s rights by denying grievances related to the unlawful acts at issue in this action. Count 12 – Wexford and IDOC conspired to cover abuse and save money in violation of Plaintiff’s rights. Plaintiff has brought several distinct sets of claims against different defendants. These claims do not belong together in a single action. Therefore, the Court will exercise its discretion and sever unrelated claims against different defendants into separate cases. George, 507 F.3d at 607. Consistent with the George decision and Federal Rule of Civil Procedure 21, the Court shall sever, into a separate action, the claims against Lindenberg, Wasson, Cornstobble, Taylor, Intel Officer (Unknown Party # 2), and AFSCME, Counts 1 through 8. This separate action will have a newly assigned case number, and it shall be assessed a filing fee. The severed case shall undergo preliminary review pursuant to § 1915A after the new case number and judge assignment has been made. The claims against Moldenhauer, Lashbrook, Carter, IDOC, and Wexford, Counts 9 through 12, shall remain in this action. Per the discussion below, however, Counts 9, 11, and 12 will be dismissed as frivolous and/or for failure to state a claim upon which relief may be granted. To the extent Plaintiff sought to bring claims against individuals or entities not included in the case caption, including Nurse Reeba, these individuals or entities will not be treated as defendants in this case, and any claims against them should be considered dismissed without prejudice. See Myles v. United States, 9 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 10 of 21 Page ID #41 416 F.3d 551, 551–52 (7th Cir. 2005) (defendants must be “specif[ied] in the caption”). Further, the Court finds it appropriate to address Plaintiff’s failure to include specific allegations against Kent Brookman, Jason Hart, Menard Personal Property Supervisor (Unknown Party), C/O Gordner, and C/O Gee in the body of his Complaint, despite his having listed them among the defendants. Plaintiffs are required to associate specific defendants with specific claims, so that defendants are put on notice of the claims brought against them and so they can properly answer the Complaint. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); FED. R. CIV. P. 8(a)(2). Where a plaintiff has not included a defendant in his statement of claim, the defendant cannot be said to be adequately put on notice of which claims in the complaint, if any, are directed against him. Furthermore, merely invoking the name of a potential defendant is not sufficient to state a claim against that individual. See Collins v. Kibort, 143 F.3d 331, 334 (7th Cir. 1998). And in the case of those defendants in supervisory positions, the doctrine of respondeat superior is not applicable to § 1983 actions. Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001) (citations omitted). Plaintiff has not alleged that Brookman, Hart, Menard Personal Property Supervisor (Unknown Party), Gordner, or Gee is “personally responsible for the deprivation of a constitutional right,” and a defendant cannot be liable merely because he supervised a person who caused a constitutional violation. Id. Plaintiff has similarly also not included any allegations against Sgt. Jones and C/O 10 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 11 of 21 Page ID #42 Dudzynski that claim they deprived him, and not Brian Coleman who is no longer a party to this case, of a constitutional right. Accordingly, Brookman, Hart, Menard Personal Property Supervisor (Unknown Party), Gordner, Gee, Jones, and Dudzynski will be dismissed from this action without prejudice. Allegations in Plaintiff’s Complaint that are not clearly connected with any defendant in the case caption and therefore should be considered dismissed without prejudice include those involving the unsanitary and uncomfortable conditions of his cells, the alleged denial of medical attention after he was injured when his sink exploded, the alleged commissary “scam,” the allegation that his property was never delivered from his previous place of confinement, the allegation that grievance forms are not stocked, the allegation that there is a culture of sexual harassment where PREA reports are routinely denied, and the allegation that library access is “non-existent.” Any claims not addressed herein should also be considered dismissed without prejudice from this action. Count 9 – Deliberate Indifference of Moldenhauer A prisoner raising a claim against a prison official for deliberate indifference to the prisoner’s serious medical needs must satisfy two requirements. The first requirement compels the prisoner to satisfy an objective standard: “[T]he deprivation alleged must be, objectively, ‘sufficiently serious[.]’” Farmer v. Brennan, 511 U.S. 825, 834 (1994) (quoting Wilson v. Seiter, 501 U.S. 294, 298 (1991)). The second requirement involves a subjective standard: “[A] 11 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 12 of 21 Page ID #43 prison official must have a ‘sufficiently culpable state of mind,’” one that amounts to “‘deliberate indifference’ to inmate health or safety.” Id. (quoting Wilson, 501 U.S. at 297). Liability under the deliberate-indifference standard requires more than negligence, gross negligence, or even recklessness; rather, it is satisfied only by conduct that approaches intentional wrongdoing, i.e., “something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Farmer, 511 U.S. at 835. Plaintiff has satisfied the objective standard, at least at this stage, given his allegations that he suffers from severe debilitating migraines and seizures when they are not properly treated. With respect to the subjective standard, however, Plaintiff’s allegations specifically related to Moldenhauer’s actions are limited. Plaintiff claims Moldenhauer changed his medication after Plaintiff had been deprived of medication and misled about it being on order by an unspecified nurse practitioner. Plaintiff does not allege that this medication change negatively affected him in any way, nor does he provide sufficient information that might show that such a change constituted anything approaching deliberate indifference, particularly because the Eighth Amendment does not give prisoners entitlement to “demand specific care” or “the best care possible,” but only requires “reasonable measures to meet a substantial risk of serious harm.” Forbes v. Edgar, 112 F.3d 262, 267 (7th Cir. 1997); see also Gallo v. Sood, 651 F. App’x 529, 533 (7th Cir. June 1, 2016) (claim focusing on failure to give prisoner’s favored medication over medication prescribed by doctor “amounts to a disagreement over treatment, 12 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 13 of 21 Page ID #44 which is insufficient to show deliberate indifference.”). For the foregoing reasons, Count 9 will be dismissed without prejudice. Count 10 – Deliberate Indifference of Lashbrook and Carter It is well established that “[f]or constitutional violations under § 1983 ... a government official is only liable for his or her own misconduct.” E.g., Locke v. Haessig, 788 F.3d 662, 669 (7th Cir. June 5, 2015). “This means that to recover damages against a prison official acting in a supervisory role, a § 1983 plaintiff may not rely on a theory of respondeat superior and must instead allege that the defendant, through his or her own conduct, has violated the Constitution.” Perez v. Fenoglio, 792 F.3d 768, 781 (7th Cir. 2015) (citing Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009)). “An inmate's correspondence to a prison administrator may . . . establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez, 792 F.3d at 781-82 (citing Vance v. Peters, 97 F.3d 987, 993 (7th Cir. 1996) (“[A] prison official's knowledge of prison conditions learned from an inmate's communications can, under some circumstances, constitute sufficient knowledge of the conditions to require the officer to exercise his or her authority and to take the needed action to investigate and, if necessary, to rectify the offending condition.”)). “In other words, prisoner requests for relief that fall on ‘deaf ears’ may evidence deliberate indifference.” Perez, 792 F.3d at 782. Plaintiff alleges that both Lashbrook and Carter were “personally informed” 13 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 14 of 21 Page ID #45 that Plaintiff was being denied his migraine medication, but failed to act to remedy the situation and denied his grievance as a non-emergency. Plaintiff also alleges that during the time he was deprived of his medication, he experienced three seizures. These allegations are sufficient, if only just, to allege that Lashbrook and Carter were aware of an ongoing constitutional deprivation and failed to remedy it. Count 10 will therefore proceed past threshold against Lashbrook and Carter. Count 11 – IDOC Grievance Denial Plaintiff’s claim that IDOC has violated his rights by denying grievances related to the unlawful acts alleged in his Complaint is incredibly vague and runs afoul of the Twombly pleading standard. It also does not state a claim, generally, because the mishandling of grievances states no claim where the defendant “otherwise did not cause or participate in the underlying conduct.” Owens v. Hinsley, 635 F.3d 950, 953 (7th Cir. 2011); Grieveson v. Anderson, 538 F.3d 763, 772 n.3 (7th Cir. 2008); George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007); Antonelli v. Sheahan, 81 F.3d 1422, 1430 (7th Cir. 1996). The Prison Litigation Reform Act (“PLRA”) requires prisoners to exhaust all available administrative remedies before filing a suit in federal court. 42 U.S.C. § 1997e(a). However, administrative remedies are considered to be unavailable under the PLRA when prison officials fail to respond to a prisoner’s grievances. See Lewis v. Washington, 300 F.3d 829, 833 (7th Cir. 2002) (citations omitted). In addition, “exhaustion is not required when the prison officials responsible for providing 14 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 15 of 21 Page ID #46 grievance forms refuse to give a prisoner the forms necessary to file an administrative grievance.” Hill v. Snyder, 817 F.3d 1037, 1041 (7th Cir. 2016). A plaintiff who can demonstrate the unavailability of administrative remedies is relieved from the obligation to exhaust administrative remedies and can proceed with his or her suit, so the denial of grievance forms and/or grievances is not actionable. Lewis, 300 F.3d at 833. Another flaw with Plaintiff’s claim against IDOC is that Plaintiff cannot proceed with a claim for money damages against it because it is a state government agency. The Supreme Court has long held that “neither a State nor its officials acting in their official capacities are 'persons' under § 1983.” Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989). See also Wynn v. Southward, 251 F.3d 588, 592 (7th Cir. 2001) (Eleventh Amendment bars suits against states in federal court for money damages); Billman v. Ind. Dep't of Corr., 56 F.3d 785, 788 (7th Cir. 1995) (state Department of Corrections is immune from suit by virtue of Eleventh Amendment); Hughes v. Joliet Corr. Ctr., 931 F.2d 425, 427 (7th Cir. 1991) (same); Santiago v. Lane, 894 F.2d 219, 220 n.3 (7th Cir. 1990) (same). Because the Eleventh Amendment bars suits against the state in federal court for money damages, Plaintiff's claims against the IDOC for money damages must be dismissed. Count 11 against IDOC will therefore be dismissed with prejudice. Count 12 – IDOC and Wexford Conspiracy Plaintiff asserts that IDOC and Wexford conspired together to cover abuse 15 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 16 of 21 Page ID #47 and save money in violation of his rights. However, Plaintiff’s conclusion that these defendants’ actions amounted to an unlawful conspiracy is not supported by factual allegations. Claims of conspiracy necessarily require a certain amount of factual underpinning to survive preliminary review. See Woodruff v. Mason, 542 F.3d 545, 551 (7th Cir. 2008) (quoting Massey v. Johnson, 457 F.3d 711, 716 (7th Cir. 2006)). “To establish the existence of a conspiracy, a plaintiff must demonstrate that the conspirators have an agreement to inflict injury or harm upon him.” Sow v. Fortville Police Dept., 636 F.3d 293, 304-05 (7th Cir. 2011). “The agreement may be inferred from circumstantial evidence, but only if there is sufficient evidence that would permit a reasonable jury to conclude that a meeting of the minds had occurred and that the parties had an understanding to achieve the conspiracy’s objectives.” Id. at 305 (quoting Hernandez v. Joliet Police Dept., 197 F.3d 256, 263 (7th Cir.1999)). The Complaint contains no factual support for the idea that the defendants had a meeting of the minds to harm Plaintiff. Instead, Plaintiff’s claim that the defendants engaged in a conspiracy to cover abuse and save money rests solely on his own conclusions. Conclusory legal statements such as Plaintiff sets forth in his Complaint are insufficient to state a claim that survives review under § 1915A. See Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009). As noted above, and as an alternative reason supporting dismissal, Plaintiff cannot proceed on a claim for money damages against IDOC. 16 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 17 of 21 Page ID #48 Further, to the extent Plaintiff seeks for a claim of deliberate indifference to medical needs against Wexford to underpin his conspiracy claim, he has not alleged that Wexford maintained a policy that caused any of the alleged deprivations. A corporation can be held liable for deliberate indifference only if it had a policy or practice that caused the alleged violation of a constitutional right. Woodward v. Corr. Med. Serv. of Ill., Inc., 368 F.3d 917, 927 (7th Cir. 2004). See also Jackson v. Ill. Medi-Car, Inc., 300 F.3d 760, 766 n.6 (7th Cir. 2002) (private corporation is treated as though it were a municipal entity in a § 1983 action). Plaintiff has not alleged that any of the individual defendants either acted or failed to act as a result of an official policy espoused by Wexford. Therefore, Plaintiff cannot maintain a deliberate indifference claim against Wexford. For these reasons, Count 12 shall be dismissed for failure to state a claim upon which relief may be granted. Out of an abundance of caution, this dismissal shall be without prejudice. Disposition IT IS HEREBY ORDERED that COUNTS 1, 2, 3, 4, 5, 6, 7, and 8 which are unrelated to the other claims in this action, are SEVERED into a new case against LINDENBERG (Counts 1 and 2), WASSON (Counts 3 and 6), CORNSTOBBLE (Counts 3 and 6), TAYLOR (Counts 4, 5, and 6), INTEL OFFICER (UNKNOWN PARTY # 2) (Count 7), and AFSCME (Count 8). IT IS FURTHER ORDERED that Defendants LINDENBERG, WASSON, CORNSTOBBLE, TAYLOR, INTEL OFFICER (UNKNOWN PARTY # 2), and 17 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 18 of 21 Page ID #49 AFSCME are TERMINATED from this action with prejudice. The claims in the newly severed case shall be subject to screening pursuant to 28 U.S.C. § 1915A after the new case number and judge assignment is made. In the new case, the Clerk is DIRECTED to file the following documents: This Memorandum and Order; The Complaint (Doc. 1); and Plaintiff’s motion to proceed in forma pauperis (Doc. 3). Plaintiff will be responsible for an additional $350 filing fee in each newly severed case. 1 No service shall be ordered in the severed cases until the § 1915A review is completed. IT IS FURTHER ORDERED that COUNTS 9 and 12 are DISMISSED without prejudice from this action for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that COUNT 11 is DISMISSED with prejudice from this action as frivolous. IT IS FURTHER ORDERED that Defendants MOLDENHAUER, ILLINOIS DEPARTMENT OF CORRECTIONS, WEXFORD HEALTH, BROOKMAN, HART, MENARD PERSONAL PROPERTY SUPERVISOR (UNKNOWN PARTY), GORDNER, GEE, JONES, and DUDZYNSKI are DISMISSED from this action without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that the only claim remaining in this action is Count 10 against LASHBROOK and CARTER. 1 Pursuant to 28 U.S.C. § 1914, effective May 1, 2013, an additional $50.00 administrative fee is also to be assessed in all civil actions, unless pauper status is granted. 18 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 19 of 21 Page ID #50 IT IS FURTHER ORDERED that COUNT 10 shall PROCEED against LASHBROOK and CARTER. IT IS FURTHER ORDERED that as to COUNT 10, the Clerk of Court shall prepare for LASHBROOK and CARTER: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and Order to the defendants’ place of employment as identified by Plaintiff. If one of the defendants fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service on that defendant, and the Court will require the defendant pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure. With respect to a defendant who no longer can be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with the defendant’s current work address, or, if not known, the defendant’s last-known address. This information shall be used only for sending the forms as directed above or for formally effecting service. Any documentation of the address shall be retained only by the Clerk. Address information shall not be maintained in the court file or disclosed by the Clerk. Plaintiff shall serve upon the defendants (or upon defense counsel once an appearance is entered) a copy of every pleading or other document submitted for 19 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 20 of 21 Page ID #51 consideration by the Court. Plaintiff shall include with the original paper to be filed a certificate stating the date on which a true and correct copy of the document was served on the defendant or counsel. Any paper received by a district judge or magistrate judge that has not been filed with the Clerk or that fails to include a certificate of service will be disregarded by the Court. Defendants are ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g). Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to a United States Magistrate Judge for further pre-trial proceedings. Further, this entire matter shall be REFERRED to a United States Magistrate Judge for disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to such a referral. If judgment is rendered against Plaintiff, and the judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the full amount of the costs, despite the fact that his application to proceed in forma pauperis has been granted. See 28 U.S.C. § 1915(f)(2)(A). Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court and each opposing party informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than 7 days after a transfer or other change in 20 Case 3:17-cv-00518-DRH-SCW Document 8 Filed 07/20/17 Page 21 of 21 Page ID #52 address occurs. Failure to comply with this order will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See FED. R. CIV. P. 41(b). IT IS SO ORDERED. Digitally signed by Judge David R. Herndon Date: 2017.07.19 16:52:37 -05'00' DATED: July 19, 2017 United States District Judge 21

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