Opinion
CAUSE NO. 3:20-CV-266-RLM-MGG
08-28-2020
RAYMOND STROMINGER, Plaintiff, v. RON NEAL, et al., Defendants.
OPINION AND ORDER
Raymond Strominger, a prisoner without a lawyer, filed a complaint alleging ten correctional officers denied him medical treatment in 2019 at the Indiana State Prison. The court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915A. A filing by an unrepresented party "is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted).
Mr. Strominger alleges he was prescribed insulin twice a day - in the morning and evening. He alleges he was prescribed eye drops three times a day - morning, 11 a.m., and evening. For him to receive these medications, guards had to take him to the medical bay. He alleges that on numerous occasions, ten guards didn't do so. He also alleges that on two occasions he was not taken to medical appointments.
Under the Eighth Amendment, inmates are entitled to constitutionally adequate medical care. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To establish liability, a prisoner must satisfy both an objective and subjective component by showing: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to that medical need. Farmer v. Brennan, 511 U.S. 825, 834 (1994). A medical need is "serious" if it is one that a physician has diagnosed as mandating treatment, or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention. Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005). On the subjective prong, the plaintiff must establish the defendant "acted in an intentional or criminally reckless manner, i.e., the defendant must have known that the plaintiff was at serious risk of being harmed and decided not to do anything to prevent that harm from occurring even though he could have easily done so." Board v. Farnham, 394 F.3d 469, 478 (7th Cir. 2005) (internal quotation marks, brackets, and citations omitted).
There might have been legitimate, non-indifferent, reasons the correctional officers were justified in not providing him with these prescribed medical treatments. When the complaint liberally construed in the plaintiff's favor, as it must be at this stage, Mr. Strominger has plausibly stated a claim against the ten correctional officers (Alisha Winn, Anthony Neal, Ryan Statham, Darrell Draper, Eugene Lasco, Eduardo Tobon, Samuel Weatherby, Keith Wilson, James Tibbs, and Donald Teague) whom he alleges personally denied him prescribed medical treatment.
Mr. Strominger also names six other defendants. He alleges Ron Neal, George Payne, Jason Nowatzke, Douglas Wardlow, and Robert E. Carter did not provide adequate staff to take him to receive prescribed medical treatment. He hasn't alleged they had any personal involvement with preventing him from receiving care. There is no general liability under 42 U.S.C. § 1983of a supervisor by wrongs committed by a subordinate. Burks v. Raemisch, 555 F.3d 592, 594 (7th Cir. 2009). "[P]ublic employees are responsible for their own misdeeds but not for anyone else's." Id. at 596. "Only persons who cause or participate in the violations are responsible." George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007). Therefore, these defendants must be dismissed.
Mr. Strominger alleges the Indiana Department of Correction has a policy, practice, or custom of denying medical treatment except for life threatening conditions. The Eleventh Amendment grants immunity from a federal lawsuit to the State of Indiana and its agencies or departments. Wynn v. Southward, 251 F.3d 588, 592 (7th Cir. 2001). There are three exceptions to Eleventh Amendment immunity: (1) suits directly against the State based on a cause of action where Congress has abrogated the state's immunity from suit; (2) suits directly against the State if the State waived its sovereign immunity; and (3) suits against a State official seeking prospective equitable relief for ongoing violations of federal law. MCI Telecommunications Corp. v. Ill. Commerce Comm'n, 183 F.3d 558, 563 (7th Cir. 1999). None of these exceptions apply here. Congress didn't abrogate the States' immunity through the enactment of Section 1983. Joseph v. Bd. of Regents of Univ. of Wis. Sys., 432 F.3d 746, 748 (7th Cir. 2005). Indiana hasn't consented to this lawsuit, and Mr. Strominger isn't seeking equitable relief from a State official. The claims against the Indiana Department of Correction must be dismissed.
For these reasons, the court:
(1) GRANTS Raymond Strominger leave to proceed against Alisha Winn in her individual capacity for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for:
(a) insulin in the morning and evening on April 22, 2019;
(b) insulin in the morning on April 23, 2019; and
(c) eye drops at 11 a.m. on July 1, 2019; July 2, 2019; and July 10, 2019;
(2) GRANTS Raymond Strominger leave to proceed against Anthony Neal and Ryan Statham in their individual capacities for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for:
(a) insulin in the morning on April 24, 2019; April 25, 2019; April 29, 2019; May 3, 2019; May 4, 2019; and May 9, 2019;
(b) insulin and eye drops in the morning on June 29, 2019; June 30, 2019; July 3, 2019; and July 12, 2019; and
(c) eye drops at 11 a.m. on July 3, 2019; and July 4, 2019;
(3) GRANTS Raymond Strominger leave to proceed against Darrell Draper in his individual capacity for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for eye drops at 11 a.m. on July 1, 2019; July 2, 2019; and July 10, 2019;
(4) GRANTS Raymond Strominger leave to proceed against Eugene Lasco in his individual capacity for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for eye drops at 11 a.m. on September 21, 2019; October 4, 2019; and October 6, 2019;
(5) GRANTS Raymond Strominger leave to proceed against Eduardo Tobon in his individual capacity for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for eye drops at 11 a.m. on September 21, 2019; and October 4, 2019;
(6) GRANTS Raymond Strominger leave to proceed against Samuel Weatherby in his individual capacity for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for eye drops at 11 a.m. on October 6, 2019;
(7) GRANTS Raymond Strominger leave to proceed against Keith Wilson, James Tibbs, and Donald Teague in their individual capacities for compensatory and punitive damages for violating the Eighth Amendment by being deliberately indifferent to his need for:
(a) eye drops at 11 a.m. on September 24, 2019; September 27, 2019; September 29, 2019; October 8, 2019; October 11, 2019; and October 12, 2019; and
(b) a medical appointment on December 6, 2019; and December 11, 2019;
(8) DISMISSES all other claims;
(9) DISMISSES Ron Neal, George Payne, Jason Nowatzke, Douglas Wardlow, Robert E. Carter, and IDOC;
(10) DIRECTS the clerk to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) Alisha Winn, Anthony Neal, Ryan Statham, Darrell Draper, Eugene Lasco, Eduardo Tobon, Samuel Weatherby, Keith Wilson, James Tibbs, and Donald Teague at the Indiana Department of Correction with a copy of this order and the complaint (ECF 1), pursuant to 28 U.S.C. § 1915(d);
(11) ORDERS the Indiana Department of Correction to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service if it has such information; and
(12) ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Alisha Winn, Anthony Neal, Ryan Statham, Darrell Draper, Eugene Lasco, Eduardo Tobon, Samuel Weatherby, Keith Wilson, James Tibbs, and Donald Teague to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order.
SO ORDERED on August 28, 2020
s/ Robert L. Miller, Jr.
JUDGE
UNITED STATES DISTRICT COURT