Opinion

Rogers v. Lowery

Court
District Court, S.D. Illinois
Filed
Aug 31, 2023
Cited by
0 cases
Authority
More cited than 21.3%

individual capacity claims are not available; the proper defendant is the agency or its director (in his official capacity)

How later courts described this case

  • individual capacity claims are not available; the proper defendant is the agency or its director (in his official capacity)
  • 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”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

TONY ROGERS,

Plaintiff,

v. Case No. 23-cv-1936-MAB

RENATA LOWERY and WEXFORD

HEALTH SOURCES, INC.,

Defendants.

MEMORANDUM AND ORDER

BEATTY, Magistrate Judge:

Plaintiff Tony Rogers, an inmate of the Illinois Department of Corrections

(“IDOC”) who is currently incarcerated at Centralia Correctional Center, brings this

action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. In the

Complaint, Rogers alleges defendants were deliberately indifferent to his need for care

in violation of the Eighth Amendment, as well as the Americans with Disabilities Act

(“ADA”), 42 U.S.C. § 12101 et seq..

This case is now before the Court for preliminary review of the Complaint

pursuant to 28 U.S.C. § 1915A.1 Under Section 1915A, the Court is required to screen

1 The Court has jurisdiction to resolve Plaintiff’s motions and to screen his Complaint pursuant to 28 USC

§ 1915A in light of his consent to the full jurisdiction of a magistrate judge and the Illinois Department of

Corrections’ and Wexford Health Sources, Inc.’s limited consent to the exercise of magistrate judge

jurisdiction as set forth in the Memorandums of Understanding between the Illinois Department of

Corrections, Wexford Health Sources, Inc., and this Court.

prisoner complaints to filter out non-meritorious claims. See 28 U.S.C. § 1915A(a). Any

portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which

relief may be granted, or asks for money damages from a defendant who by law is

immune from such relief must be dismissed. 28 U.S.C. § 1915A(b).

The Complaint

In his Complaint, Rogers makes the following allegations: Rogers is a disabled

inmate who is housed in the infirmary due to his medical conditions and needs (Doc. 1,

p. 7). He suffers from obesity and requires a wheelchair (Id.). Due to his weight, he is also

unable to bath himself and clean himself after using the restroom (Id.). Nursing staff at

Centralia refused to clean Rogers after using the restroom and instead ordered inmate

porters to help Rogers (Id.). Nursing staff informed Rogers that director of nursing Renata

Lowery told staff that they did not have to help Rogers clean himself after defecating (Id.).

Rogers sat in the toilet area for hours because he did not have help to clean himself (Id.).

On January 8, 2023, he requested assistance from nurses Jackie Parrish and Sheila Guern,

but they responded that Renata Lowery instructed them not to help Rogers clean himself

after using the restroom (Id. at pp. 7-8). Rogers developed rashes and sores on his buttocks

and lower back area due to the lack of cleaning (Id. at p. 8). On February 9, 2023, Nurse

Meghan Daily also refused Rogers’s request for help in cleaning himself, citing Renata

Lowery’s directive (Id.).

Rogers was refused help until April 2023 when an emergency grievance he

previously submitted was finally resolved. Grievance officials and the ADA Coordinator

determined that his claims were substantiated and that Rogers needed assistance after

using the restroom.

Rogers alleges that he was denied care because Wexford Health Sources, Inc. has

failed to employ a regular on-site doctor for Centralia who oversees staff and provides

proper instructions on how to assist disabled patients.

Discussion

Based on the allegations in the Complaint, the Court finds it convenient to divide

the pro se action into the following counts:

Count 1: Eighth Amendment deliberate indifference claim against

Renata Lowery for ordering staff members not to assist

Rogers with cleaning after using the restroom.

Count 2: Eighth Amendment deliberate indifference claim against

Wexford Health Sources, Inc. for having a custom, policy, or

practice of not assigning doctors to the prison to oversee the

day-to-day operations and for failing to train staff in

providing adequate medical care.

Count 3: ADA claim for denying Rogers help in the restroom.

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. Any other claim that is

mentioned in the Complaint but not addressed in this Order should be considered

dismissed without prejudice as inadequately pled under the Twombly pleading

standard.2

2 See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) (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”).

At this stage, Rogers states a viable claim for deliberate indifference against Renata

Lowery. He alleges that Lowery instructed staff not to assist him in cleaning himself and

as a result, he was left for hours in the bathroom and developed sores and rashes due to

lack of cleaning. This is enough at this stage to state a viable Eighth Amendment claim.

Brown v. Osmundson, 38 F.4th 545, 550 (7th Cir. 2022).

Rogers also states a viable claim in Count 2 against Wexford for their policies and

practices which Rogers alleges led to the denial of proper care.

Rogers also states a viable ADA claim. Rogers, however, cannot proceed against

the individual defendants because individual employees of IDOC cannot be sued under

the ADA. Jaros v. Illinois Dep’t of Corrs, 684 F.3d 667, 670 (7th Cir. 2012). The proper

defendant is the relevant state department or agency. See 42 U.S.C. § 12131(1)(b); Jaros,

684 F.3d at 670, n. 2 (individual capacity claims are not available; the proper defendant is

the agency or its director (in his official capacity)). As such, Latoya Hughes, the Acting

IDOC Director, will be added to the case, in her official capacity only, for purposes of

Rogers’s ADA claim.

Disposition

For the reasons stated above, Count 1 shall proceed against Renata Lowery. Count

2 shall proceed against Wexford Health Sources, Inc. and Count 3 shall proceed against

Latoya Hughes (official capacity only).

The Clerk of Court shall prepare for Defendants Renata Lowery, Latoya Hughes,

and Wexford Health Sources, Inc.: (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 Rogers. If a defendant 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 that defendant to pay the full costs

of formal service, to the extent authorized by the Federal Rules of Civil Procedure.

Rogers’s motion for service of process (Doc. 3) is DENIED as moot.

If a defendant can no longer be found at the work address provided by Rogers, the

employer shall furnish the Clerk with the defendant’s current work address, or, if not

known, 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.

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. Section 1997e(g).

Pursuant to Administrative Order No. 244, Defendants need only respond to the issues

stated in this Merit Review Order.

If judgment is rendered against Rogers, and the judgment includes the payment

of costs under Section 1915, he will be required to pay the full amount of the costs,

regardless of whether his application to proceed in forma pauperis is granted. See 28 U.S.C.

§ 1915(f)(2)(A).

Finally, Rogers 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 seven days after a transfer or other change in 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.

DATED: 8/31/2023

/s/ Mark A. Beatty

MARK A. BEATTY

United States Magistrate Judge

Notice to Plaintiff

The Court will take the necessary steps to notify the appropriate defendants of

your lawsuit and serve them with a copy of your Complaint. After service has been

achieved, the defendants will enter their appearance and file an Answer to your

Complaint. It will likely take at least 60 days from the date of this Order to receive the

defendants’ Answer, but it is entirely possible that it will take 90 days or more. When all

the defendants have filed Answers, the Court will enter a Scheduling Order containing

important information on deadlines, discovery, and procedures. Plaintiff is advised to

wait until counsel has appeared for the defendants before filing any motions, to give the

defendants notice and an opportunity to respond to those motions. Motions filed before

defendants’ counsel has filed an appearance will generally be denied as premature.

Plaintiff need not submit any evidence to the Court at this time, unless specifically

directed to do so.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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