Opinion

Price v. Manton

Court
District Court, C.D. Illinois
Filed
Jul 21, 2025
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS

SPRINGFIELD DIVISION

LARRY PRICE,

Plaintiff,

v. Case No. 3:25-cv-03134-JEH

MANTON, et al.,

Defendants.

Merit Review Order

Plaintiff, proceeding pro se, filed a Complaint under 42 U.S.C. § 1983

alleging violations of his constitutional rights while he was incarcerated at

Western Illinois Correctional Center (“Western”). (Doc. 1). This case is before the

Court for a merit review of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915A.

The Court must “screen” Plaintiff’s Complaint and dismiss any legally insufficient

claim or the entire action if warranted. § 1915A. A claim is legally insufficient if it

“(1) is frivolous, malicious, or fails to state a claim upon which relief may be

granted; or (2) seeks monetary relief from a defendant who is immune from such

relief.” Id. In reviewing the Complaint, the Court accepts the factual allegations as

true, 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).

I

Plaintiff files suit against Lieutenant Manton, Correctional Counselor Eric

Wohlfeil, Administrative Review Board (“ARB”) member Jeremy Bonnett, and

Illinois Department of Corrections (“IDOC”) Acting Director LaToya Hughes.

During medication pass on July 13, 2023, Plaintiff requested medical

attention because he felt severely ill and dizzy. Later that day, Plaintiff showed

Nurse Glover that he was vomiting blood. She immediately informed security staff

that Plaintiff needed to be taken to the healthcare unit, but Defendant Manton

allegedly refused to allow Plaintiff to go to the healthcare unit. As a result, Plaintiff

was later rushed to St. John’s Hospital in Springfield, Illinois, diagnosed with keto

acidosis, and placed in intensive care. Plaintiff claims he lost a hundred pounds

and suffered from depression.

Plaintiff alleges he filed a grievance about Defendant Manton’s conduct, but

Defendant Wohlfeil denied the grievance as moot and did not consider his

supporting evidence. When Plaintiff appealed, Defendant Bonnett allegedly

denied the grievance as untimely and refused to address the issue. Plaintiff alleges

Defendant Hughes failed to correct Defendant Bonnett’s actions and concurred

with his decision.

II

It is well established that deliberate indifference to a serious medical need is

actionable as a violation of the Eighth Amendment. Hayes v. Snyder, 546 F.3d 516,

522 (7th Cir. 2008). A claim of deliberate indifference contains both an objective

and a subjective component. Farmer v. Brennan, 511 U.S. 825, 834 (1994). To satisfy

the objective component, a prisoner must demonstrate that his medical condition

is “objectively, sufficiently serious.” Id. An objectively serious medical condition

is one that “has been diagnosed by a physician as mandating treatment or one that

is so obvious that even a lay person would perceive the need for a doctor’s

attention.” Hayes, 546 F.3d at 522. To satisfy the subjective component, the inmate

must demonstrate that the prison official acted with a “sufficiently culpable state

of mind.” Farmer, 511 U.S. at 834. The official must know of and disregard an

excessive risk to the inmate’s health; “the official must both be aware of facts from

which the inference could be drawn that a substantial risk of serious harm exists,

and he must also draw the inference.” Id. at 837. The prisoner must show that the

defendant engaged in more than negligence and that the defendant’s conduct

approached intentional wrongdoing or criminal recklessness. Holloway v. Delaware

Cnty. Sheriff, 700 F.3d 1063, 1073 (7th Cir. 2012) (citing Farmer, 511 U.S. at 837).

The Court finds that Plaintiff’s allegations are sufficient to proceed on an

Eighth Amendment deliberate indifference claim against Defendant Manton for

allegedly refusing to allow Plaintiff to be taken to the healthcare unit for medical

care after Plaintiff began vomiting blood on July 13, 2023.

Plaintiff alleges that Defendants Wohlfeil, Bonnett, and Hughes mishandled

his grievance regarding Defendant Manton’s conduct. “[T]he Constitution does

not obligate prisons to provide a grievance process, nor does the existence of a

grievance process itself create a protected interest.” Montanez v. Feinerman, 439 F.

App'x 545, 547-48 (7th Cir. 2011) (citing Owens v. Hinsley, 635 F.3d 950, 953-54 (7th

Cir. 2011)); Grieveson v. Anderson, 538 F.3d 763, 772-73 (7th Cir. 2008). “[T]he

mishandling of an inmate grievance alone cannot be a basis for liability under §

1983.” Montanez, 439 F. App’x at 547 (citing Owens, 635 F.3d at 953-54); George v.

Smith, 507 F.3d 605, 609-10 (7th Cir. 2007). Plaintiff fails to state a deliberate

indifference claim based solely on Defendants’ alleged mishandling of his

grievance. Defendants Wohlfeil, Bonnett, and Hughes are DISMISSED WITHOUT

PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure

12(b)(6) and § 1915A.

III

Plaintiff filed a Motion to Request Counsel asking the Court to appoint an

attorney to represent him. (Doc. 4). "There is no right to court-appointed counsel

in federal civil litigation." Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). When

evaluating a Motion to Request Counsel, the Court must consider: "(1) has the

indigent plaintiff made a reasonable attempt to obtain counsel or been effectively

precluded from doing so; and if so, (2) given the difficulty of the case, does the

plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 655

(7th Cir. 2007). "When evaluating a plaintiff's competence, district courts should

normally consider the plaintiff's literacy, communication skills, education level,

and litigation experience." Bracey v. Grondin, 712 F.3d 1012, 1018 n.3 (7th Cir. 2013)

(citing Pruitt, 503 F.3d at 655). The inquiry is individualized, taking all the relevant

facts into consideration, including the stage of the litigation. Navejar v. Igiola, 718

F.3d 692, 696 (7th Cir. 2013). The Court may also consider "the perceived merits

of–or likelihood of success on–an indigent plaintiff's claims in its decision whether

to allocate scarce pro bono counsel resources to the case before it." Watts v. Kidman,

42 F.4th 755, 764 (7th Cir. 2022).

Plaintiff attached three letters from attorneys who declined to represent

him. (Doc. 4 at pp. 3-5). The Court finds Plaintiff has made a reasonable attempt to

secure counsel on his own. Regarding his competency, Plaintiff states he only

completed grammar school. However, his pleadings thus far have been coherent

and supported by accompanying exhibits. The Court finds that Plaintiff appears

competent to litigate the case himself, especially at this early stage in the litigation

process. Plaintiff’s Motion is denied.

IT IS THEREFORE ORDERED:

1) According to the Court's merit review of Plaintiff's Complaint under

§ 1915A, this case shall proceed an Eighth Amendment claim against Defendant

Manton based on his alleged deliberate indifference to Plaintiff's serious medical

needs on July 13, 2023. Additional claims shall not be included in the case above,

except in the Court's discretion on motion by a party for good cause shown under

Federal Rule of Civil Procedure 15.

2) Defendants Eric Wohlfeil, Jeremy Bonnett, and LaToya Hughes are

DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule

of Civil Procedure 12(b)(6) and § 1915A. The Clerk is directed to TERMINATE

them as parties.

3) Plaintiff's Motion to Request Counsel [4] is DENIED.

4) This case is now in the process of service. The Court advises Plaintiff

to wait until counsel has appeared for Defendant before filing any motions to give

Defendant notice and an opportunity to respond to those motions. Motions filed

before Defendant’s counsel has filed an appearance will generally be denied as

premature. Plaintiff need not submit any evidence to the Court at this time unless

otherwise directed by the Court.

5) The Court will attempt service on Defendant by mailing a waiver of

service. If Defendant fails to sign and return a waiver of service to the Clerk within

30 days after the waiver is sent, the Court will take appropriate steps to effect

formal service through the U.S. Marshals Service on Defendant and will require

Defendant to pay the full costs of formal service pursuant to Federal Rule of Civil

Procedure 4(d)(2).

6) Defendant shall file an answer within 60 days of the date the Clerk

sends the waiver of service. A motion to dismiss is not an answer. The answer

should include all defenses appropriate under the Federal Rules. The answer and

subsequent pleadings shall be to the issues and claims stated in this Order. In

general, an answer sets forth Defendant’s positions. The Court does not rule on

the merits of those positions unless and until Defendant files a motion. Therefore,

no response to the answer is necessary or will be considered. If Defendant has not

filed an answer or appeared through counsel within 90 days of the entry of this

Order, Plaintiff may file a motion requesting the status of service. After Defendant

has been served, the Court will enter a scheduling order setting discovery and

dispositive motion deadlines.

7) If Defendant no longer works at the address Plaintiff provided, the

entity for whom Defendant worked while at that address shall submit to the Clerk

Defendant’s current work address, or, if not known, Defendant’s forwarding

address. This information shall be used only for effectuating service.

Documentation of Defendant’s forwarding address shall be retained only by the

Clerk and shall not be maintained in the public docket nor disclosed by the Clerk.

8) This District uses electronic filing, which means that after Defendant’s

counsel has filed an appearance, Defendant’s counsel will automatically receive

electronic notice of any motion or other paper filed by Plaintiff with the Clerk.

Plaintiff does not need to mail to Defendant’s counsel copies of motions and other

documents that Plaintiff has filed with the Clerk. However, this does not apply to

discovery requests and responses. Discovery requests and responses are not filed

with the Clerk. Plaintiff must mail his discovery requests and responses directly

to Defendant’s counsel. Discovery requests or responses sent to the Clerk will be

returned unfiled unless they are attached to and the subject of a motion to compel.

Discovery does not begin until Defendant’s counsel has filed an appearance and

the Court has entered a scheduling order, which will explain the discovery process

in more detail.

9) Defendant’s counsel is hereby granted leave to depose Plaintiff at

Plaintiff’s place of confinement. Defendant’s counsel shall arrange the time for the

deposition.

10) Plaintiff shall immediately inform the Court, in writing, of any change

in his mailing address and telephone number. Plaintiff’s failure to notify the Court

of a change in mailing address or phone number will result in dismissal of this

lawsuit, with prejudice.

11) Plaintiff shall be provided a copy of all pertinent medical records

upon request.

12) Within 10 days of receiving from defense counsel an authorization to

release medical records, Plaintiff is directed to sign and return the authorization

to Defendant’s counsel. The Clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability and Accountability

Act.

13) The Clerk is directed to set an internal court deadline 60 days from

the entry of this Order for the Court to check on the status of service and enter

scheduling deadlines.

It is so ordered.

Entered: July 21, 2025

s/Jonathan E. Hawley

U.S. District Judge

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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