“Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.”
How later courts described this case
- “Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
STEVEN C. CRABB, )
Plaintiff, )
)
v. ) Case No. 4:24-cv-4106-SEM-EIL
)
GREG DONATHAN, et al., )
Defendants. )
MERIT REVIEW ORDER
SUE E. MYERSCOUGH, United States District Judge:
Plaintiff pro se Steven C. Crabb is a civil detainee in the
custody of the Illinois Department of Human Services (“IDHS”) at
Rushville Treatment and Detention Center (“Rushville”). Plaintiff
has filed a Complaint (Doc. 1) under 42 U.S.C. § 1983 and has
requested leave to proceed under a reduced payment procedure for
indigent plaintiffs who are not prisoners as defined in 28 U.S.C. §
1915(h).
I. SCREENING STANDARD
The “privilege to proceed without posting security for costs and
fees is reserved to the many truly impoverished litigants who,
within the District Court’s sound discretion, would remain without
legal remedy if such privilege were not afforded to them.” Brewster
v. North Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Cir. 1972).
Additionally, a court must dismiss cases proceeding in forma
pauperis “at any time” if the action is frivolous, malicious, or fails to
state a claim. 28 U.S.C. § 1915(d)(2). Accordingly, this Court grants
leave to proceed in forma pauperis only if the complaint states a
federal cause of action.
In reviewing the complaint, the Court accepts the factual
allegations as accurate, liberally construing them in the plaintiff’s
favor. Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013).
However, conclusory statements and labels are insufficient.
Enough facts must be provided to “state a claim for relief that is
plausible on its face.” Alexander v. United States, 721 F.3d 418,
422 (7th Cir. 2013) (citation omitted).
II. FACTS ALLEGED
Plaintiff’s Complaint lists Rushville Director Greg Donathan
and Wexford Health Sources, Inc. (“Wexford”) as Defendants in this
suit.
Plaintiff alleges that he has a family history of diabetes and
that his blood tests were abnormal, rising to diabetic levels, on
June 13 and 14, 2024. He alleges that Wexford’s healthcare staff
did not prescribe any medication for diabetes at that time.
Further, Plainitff’s lower legs, ankles, and feet suffered from
edema swelling that caused severe pain for at least a week. Plaintiff
alleges that he filed an emergency grievance complaining about
healthcare and asking to be referred to an outside
hospital/specialist. Plaintiff did not receive a response from
Defendant Donathan within the first 48 hours, as prescribed by
rule.
Plaintiff went to sick call on June 17, 2024, due to swelling
and severe pain. He was seen by nurse Gwynn Taylor whom he
believes initially ignored or overlooked his swelling but who finally
told him that they were going to send him to a doctor. Plaintiff
complains that, as of the filing of his Complaint, 24 hours had
elapsed without him seeing the doctor or receiving medication for
the edema swelling.
III. ANALYSIS
Upon review of the allegations in the Complaint, as currently
pled, Plaintiff has failed to state a claim for relief against either
Defendant.
Plaintiff’s only complaint against Defendant Donathan is that
he did not respond to an emergency grievance within 48 hours. But
“the alleged mishandling of [a plaintiff’s] grievance by persons who
otherwise did not cause or participate in the underlying conduct
states no claim.” Owens v. Hinsley, 635 F.3d 950, 953 (7th Cir.
2011); see also Vance v. Peters, 97 F.3d 987, 991 (7th Cir. 1996)
(“Section 1983 creates a cause of action based on personal liability
and predicated upon fault; thus, liability does not attach unless the
individual defendant caused or participated in a constitutional
deprivation.”). Further, violation of a departmental rule or state
regulation does not give rise to a claim under § 1983. See Allison v.
Snyder, 332 F.3d 1076, 1079 (7th Cir. 2003); Guarjardo-Palma v.
Martinson, 622 F.3d 801, 806 (7th Cir. 2010).
Plaintiff complains that Wexford staff did not prescribe him
medication or ensure that he was immediately seen by a doctor.
However, there is no vicarious liability under § 1983 based solely
upon an employer or supervisory relationship. See Monell v.
Department of Social Services of City of New York, 436 U.S. 658, 692
(1978); Brown v. Randle, 847 F.3d 861, 865 (7th Cir. 2017).
Therefore, to proceed on a claim against Wexford, Plaintiff’s
Complaint must include sufficient facts to allege “(1) that
he…suffered a deprivation of a constitutionally protected interest,
and (2) that the deprivation was caused by an official policy, custom
or usage” of Wexford. Powe v. City of Chicago, 664 F.2d 639, 643
(7th Cir. 1981); see also Shields v. Illinois Department of Corrections,
746 F.3d 782, 789-90 (7th Cir. 2014). Plaintiff has not alleged that
any policies, customs, or other practices by Wexford caused a
constitutional deprivation in this case.
For these reasons, Plaintiff’s Complaint must be dismissed for
failure to state a claim against Defendants Donathan and Wexford.
IT IS THEREFORE ORDERED:
1) Plaintiff’s Complaint [1] is dismissed for failure to state a
claim.
2) Plaintiff is granted leave to file an amended complaint,
within 21 days. If Plaintiff does not file an amended complaint
by that date, or if the amended complaint still fails to state a
claim, then Plaintiff’s request to proceed in forma pauperis
will be denied, and this case will be dismissed with prejudice.
ENTERED __April 30, 2025
s/ Sue E. Myerscough
____________________________________
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE