Opinion
3:23-CV-232-DRL-MGG
03-24-2023
KEVIN JAMES BURE, Plaintiff, v. CENTURION HEALTH SERVICE, LLC, and LIVERS, Defendants.
OPINION AND ORDER
DAMON R. LEICHTY JUDGE
Kevin James Bure, a prisoner without a lawyer, filed a complaint alleging he received inadequate medical treatment at the Westville Correctional Facility. ECF 2. “A document filed pro se 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). Nevertheless, under 28 U.S.C. § 1915A, 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.
Mr. Bure alleges he suffered a facial injury on May 12, 2022, and was taken to the prison's medical unit where Medical Director Livers examined him and x-rayed his jaw. He alleges she reviewed the x-ray and concluded he did not have a broken jaw. Six days later, on May 18, 2022, a dentist decided he had a broken jaw and ordered treatment for it. Mr. Bure alleges he was in pain, was not provided timely treatment, and was denied a liquid diet for three days. He sues two defendants.
Under the Eighth Amendment, inmates are entitled to adequate medical care for serious medical conditions. Thomas v. Blackard, 2 F.4th 716, 722 (7th Cir. 2021). For a medical professional, such as Director Livers, to be held liable for deliberate indifference to an inmate's medical needs, she must make a decision that represents “such a substantial departure from accepted professional judgment, practice, or standards, as to demonstrate that the person responsible actually did not base the decision on such a judgment.” Jackson v. Kotter, 541 F.3d 688, 697 (7th Cir. 2008). It is not enough that a medical professional be mistaken in his or her judgment. Hildreth v. Butler, 960 F.3d 420, 425-26 (7th Cir. 2020). To prevail, an inmate must show that the doctor's treatment decisions were “blatantly inappropriate.” Pyles v. Fahim, 771 F.3d 403, 409 (7th Cir. 2014). Director Livers is alleged to have examined Mr. Bure and reviewed his x-ray. She is alleged to have mistakenly decided his jaw was not broken. Though medical mistakes are unfortunate, they do not violate the Eighth Amendment. The complaint does not state a claim against Director Livers.
Mr. Bure also sues Centurion Health Service, LLC. A private company performing a state function can be held liable to the same extent as a municipal entity under Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (1978). Rice v. Corr. Med. Servs., 675 F.3d 650, 675 (7th Cir. 2012). “Corporate liability exists “when execution of a [corporation's] policy or custom . . . inflicts the injury.” Calhoun v. Ramsey, 408 F.3d 375, 379 (7th Cir. 2005). This complaint makes no mention of a policy or custom. It merely alleges Director Livers mistakenly misdiagnosed his jaw. The complaint does not state a claim against Centurion Health Service, LLC.
This complaint does not state a claim for which relief can be granted. If Mr. Bure believes he can state a claim based on (and consistent with) the events described in this complaint, he may file an amended complaint because “[t]he usual standard in civil cases is to allow defective pleadings to be corrected, especially in early stages, at least where amendment would not be futile.” Abu-Shawish v. United States, 898 F.3d 726, 738 (7th Cir. 2018). To file an amended complaint, he needs to write this cause number on a Pro Se 14 (INND Rev. 2/20) Prisoner Complaint form that is available from his law library. After he properly completes the form, he needs to send it to the court.
For these reasons, the court:
(1) GRANTS Kevin James Bure until April 27, 2023, to file an amended complaint; and
(2) CAUTIONS Kevin James Bure if he does not respond by the deadline, this case will be dismissed under 28 U.S.C. § 1915A without further notice because the current complaint does not state a claim for which relief can be granted.
SO ORDERED.