Opinion

Hyde v. Rachel

Court
District Court, C.D. Illinois
Filed
Jul 25, 2025
Cited by
0 cases
Authority
More cited than 38.3%

The opinion

IN THE

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS

URBANA DIVISION

JERMEL HYDE,

Plaintiff,

v. Case No. 2:25-cv-02165-JEH

RACHEL, et al.,

Defendants.

Merit Review Order

Plaintiff, proceeding pro se and currently incarcerated at Centralia

Correctional Center, filed an Amended Complaint under 42 U.S.C. § 1983 alleging

violations of his constitutional rights at Danville Correctional Center (“Danville”).

(Doc. 11). This case is before the Court for a merit review of Plaintiff’s Amended

Complaint pursuant to 28 U.S.C. § 1915A. The Court must “screen” Plaintiff’s

Amended 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

Amended 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 Sergeant Ellison, Lieutenant Dykster, Dr. Ek, and

Nurses Rachel, Evelinea, and Jennifer.

On March 12, 2024, Plaintiff alleges he began vomiting uncontrollably every

twenty to thirty minutes, was unable to eat or drink, felt dehydrated and weak,

was unable to pass gas or have a bowel movement, and his stomach was “in

knots.” (Doc. 11 at p. 7).

On March 15, 2024, Plaintiff was seen by Nurse Ashley, who is not named

as a party. Although Plaintiff explained to Nurse Ashley that he could not keep

anything down, she gave Plaintiff “milk of laxative.” Id. Plaintiff claims the

laxative was ineffective, and he was still in pain.

Plaintiff alleges Nurse Rose and Correctional Officer Finchum, who are not

named as parties, transported him to the healthcare unit (“HCU”). Plaintiff states

he was provided the same ineffective treatment.

On an unspecified date, Plaintiff alleges Defendant Nurse Rachel “started to

[berate him] and sent [him] back with no adequate medical attention.” Id.

On an unknown date, Plaintiff saw Defendant Dr. Ek. When Plaintiff

attempted to sit down, Dr. Ek allegedly said, “We are not doing any sitting.” Id. at

p. 8. Plaintiff alleges he leaned against the wall and hunched over, but Dr. Ek still

refused to allow him to sit down. Dr. Ek allegedly sent Plaintiff back to his cell.

On an unspecified date, Plaintiff returned to the HCU. Plaintiff alleges

unidentified staff members did not bring a wheelchair to transport him to the HCU

and forced him to walk a distance equivalent to three or four city blocks. Plaintiff

alleges he cried because he was in pain.

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).

Plaintiff’s allegations are too sparse to establish a deliberate indifference

claim against the Defendants. Plaintiff’s sole allegation against Defendant Nurse

Rachel was that she “started to [berate him] and sent [him] back with no adequate

medical attention.” (Doc. 11 at p. 7). Plaintiff does not specify when this encounter

occurred, what medical treatment Nurse Rachel provided, or what treatment she

refused to provide.

Regarding Defendant Dr. Ek, Plaintiff alleges he refused to allow him to sit

down during an examination on an unspecified date. This allegation alone is

insufficient to proceed on a deliberate indifference claim against Dr. Ek.

Plaintiff named Sergeant Ellison, Lieutenant Dykster, and Nurses Evelinea

and Jennifer as Defendants, but he did not include any specific allegations against

them in his Amended Complaint.

Federal Rule of Civil Procedure 8 states a complaint must include “a short

and plain statement of the claim showing the pleader is entitled to relief.” Fed. R.

Civ. P. 8(a)(2). The purpose of this rule is to “give defendants fair notice of the

claims against them and the grounds for supporting the claims.” Stanard v. Nygren,

658 F.3d 792, 797 (7th Cir. 2011) (citation omitted); Bell Atlantic Corp. v. Twombly,

550 U.S. 544, 555 (2007). Plaintiff’s Amended Complaint does not give Defendants

adequate notice of his claims. Therefore, Plaintiff’s Amended Complaint is

DISMISSED WITHOUT PREJUDICE as a violation of Rule 8.

The Court will allow Plaintiff the opportunity to file a Second Amended

Complaint within thirty days of this Order. His Second Amended Complaint

MUST clearly state what happened, when it happened, which Defendants were

involved, how each Defendant was involved, and any harm Plaintiff suffered.

Plaintiff MUST also provide the date each allegation occurred or a specific

timeframe.

III

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

attorney to represent him. (Doc. 10). “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 letters from three attorneys who declined to represent

him. (Doc. 10 at pp. 5-9). The Court finds that Plaintiff made a reasonable attempt

to secure counsel on his own. Regarding his competency, Plaintiff indicates that

he completed some college courses. Id. at p. 2. Thus far, his pleadings have been

coherent and supported by accompanying exhibits. (Docs. 10 and 11). There is no

indication that he has any permanent physical or psychological condition that

might impair his ability to litigate this case himself. The Court finds that Plaintiff

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

litigation process. Plaintiff’s Motion to Request Counsel is DENIED.

IT IS THEREFORE ORDERED:

1) Plaintiff's Amended Complaint is DISMISSED WITHOUT

PREJUDICE as a violation of Federal Rule of Civil Procedure 8. Plaintiff shall

have 30 days from the entry of this Order to file a Second Amended Complaint.

Failure to file a timely Second Amended Complaint or to follow the instructions

in this Order will result in the dismissal of this case with prejudice. Plaintiff's

Second Amended Complaint will replace Plaintiff's Amended Complaint in its

entirety. The Second Amended Complaint must contain all allegations against

all Defendants. Piecemeal amendments are not accepted.

2) Plaintiff's Motion to Request Counsel [10] is DENIED.

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

change in his mailing address. Plaintiff's failure to notify the Court of a change

in mailing address will result in the dismissal of this case with prejudice.

It is so ordered.

Entered: July 25, 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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