United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
G. FLEISSIG UNITED STATES DISTRICT JUDGE.
a prisoner, seeks leave to proceed in forma pauperis in this
civil action under 42 U.S.C. § 1983. Having reviewed
plaintiff's financial information, the Court assesses a
partial initial filing fee of $17, which is twenty percent of
his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will direct the Clerk to
serve process on defendants Reynal Caldwell and M. Mallard.
28 U.S.C. § 1915(e), the Court is required to dismiss a
complaint filed in forma pauperis if it is frivolous,
malicious, or fails to state a claim upon which relief can be
granted. To state a claim for relief, a complaint must plead
more than “legal conclusions” and
“[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements.” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). A plaintiff must demonstrate a plausible claim
for relief, which is more than a “mere possibility of
misconduct.” Id. at 679. “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. at 678. Determining whether a complaint states a
plausible claim for relief is a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense. Id. at 679.
reviewing a complaint under 28 U.S.C. § 1915(e), the
Court accepts the well-pled facts as true. Furthermore, the
Court liberally construes the allegations.
brings this action against Corizon, Dr. Reynal Caldwell, and
Dr. M. Mallard. Plaintiff injured his right shoulder during
his arrest by St. Louis police officers in August 2015. He
was taken to Barnes-Jewish Hospital. Plaintiff's shoulder
was X-rayed, and it was determined that he had a torn rotator
was detained in the St. Louis City Justice Center from about
August 10, 2015, through August 25, 2015. He had been
scheduled for an appointment at Barnes, but he says prison
officials “didn't or couldn't find Barnes
Jewish Clinic at this time.”
was then processed into the St. Louis Medium Security
Institution. After he arrived, he did not receive any
medications for twenty-one days. On September 9, 2015, he was
taken to the clinic at Barnes to see his doctor. The doctor
told him he needed surgery, and the correctional officers
accompanying plaintiff gave the doctor Mallard's phone
number to schedule the surgery.
saw Mallard for the first time on September 16, 2015. He told
Mallard he was having right sided chest pains due to his
shoulder injury. He told her he was not able to sleep because
of the constant pain. Mallard told him she would retrieve the
X-rays and set a date for surgery. She prescribed a muscle
relaxer and gave him the instructions for post-surgery
continued to complain about his pain and a nurse gave him
some TUMS. He kept complaining until he was seen on November
19, 2016. A nurse gave him some indigestion medication. He
told her he did not have indigestion and the pain was coming
from his shoulder.
the nurse again. She informed him that Mallard had prescribed
the indigestion medication. She said she would inform Mallard
about the injury again. She also told him that they had
recently let another inmate go because they did not want to
pay for her surgery.
saw defendant Caldwell on December 1, 2015. He told Caldwell
about his rotary cuff injury, that he was not healing
correctly, and that he was still waiting to go to surgery.
Dr. Caldwell gave him nitroglycerin for his chest pain.
Plaintiff has never had heart problems, however.
saw Mallard on December 8, 2015. He reminded her about his
injuries, and she told him to stop taking the nitroglycerin.
She acted like she did not know about his injury ...