REONA J. DALY, Magistrate Judge.
Plaintiff Abdul Love, an inmate in the custody of the Illinois Department of Corrections ("IDOC"), filed this lawsuit pursuant to 42 U.S.C. § 1983 alleging his constitutional rights were violated while he was incarcerated at Pinckneyville Correctional Center ("Pinckneyville"). More specifically, Plaintiff alleges he was provided inadequate medical treatment for his Crohn's disease. Following a threshold review of Plaintiff's complaint under 28 U.S.C. § 1915A, Plaintiff is proceeding on an Eighth Amendment deliberate indifference claim against Defendants Jane Does #1-2, Dr. Percy Myers, LaRue Love, and Christopher Thompson. Defendant Baldwin was named as a defendant only in his official capacity for purposes of injunctive relief.
Plaintiff filed a proposed First Amended Complaint on February 15, 2019 that is construed as a motion to amend the complaint (Doc. 26). For the reasons set forth below, the Motion is
Although Plaintiff has not specifically identified the changes he is attempting to effectuate with his First Amended Complaint, a review of the same indicates he is attempting to revive the claims against Christine Brown and Wexford Health Sources, Inc. that were dismissed without prejudice at screening. It also appears Plaintiff is dismissing his claims against Jane Does 1 and 2 as they are no longer mentioned in the caption of his First Amended Complaint
Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading and that leave to amend should be freely given "when justice so requires." The Seventh Circuit maintains a liberal attitude toward the amendment of pleadings "so that cases may be decided on the merits and not on the basis of technicalities." Stern v. U.S. Gypsum, Inc., 547 F.2d 1329, 1334 (7th Cir. 1977). The Circuit recognizes that "the complaint merely serves to put the defendant on notice and is to be freely amended or constructively amended as the case develops, as long as amendments do not unfairly surprise or prejudice the defendant." Toth v. USX Corp., 883 F.2d 1297, 1298 (7th Cir. 1989); see also Winger v. Winger, 82 F.3d 140, 144 (7th Cir. 1996) ("The Federal Rules of Civil Procedure create [a system] in which the complaint does not fix the plaintiff's rights but may be amended at any time to conform to the evidence.") (quotation omitted). A court may also deny a party leave to amend if there is undue delay, dilatory motive or futility. Guise v. BMW Mortgage, LLC, 377 F.3d 795, 801 (7th Cir. 2004).
At the outset, the Court finds that Plaintiff's motion to amend was not unduly delayed and will not unfairly prejudice defendants as this matter is in the initial stages and discovery on the merits has not yet commenced.
Plaintiff again seeks to name Christine Brown as a defendant. Plaintiff alleges that he wrote Brown, a nurse and the Pinckneyville Healthcare Unit Administrator, on October 5, 2018, explaining Dr. Myers' continued disregard for the course of treatment prescribed by his outside physician. Plaintiff asked for her assistance in rectifying the issue. Plaintiff alleges that Brown never responded to his October 5, 2018 letter. Although sparse, Plaintiff's allegations are sufficient at this stage to state a claim for deliberate indifference against Christine Brown in light of Perez v. Fenoglio, 792 F.3d 768 (7th Cir. 2015), in which the Seventh Circuit found that a plaintiff alleging defendants obtained actual knowledge of the plaintiff's serious medical condition and inadequate medical care through various correspondence and who failed to intervene or rectify the situation stated an Eighth Amendment claim. Id. at 782.
In support of his proposed claim against Wexford, Plaintiff alleges that it had a practice of hiring under-qualified physicians with inadequate credentials. Plaintiff claims that this practice contributed to his injuries. Although the connection between Wexford's alleged unconstitutional policy concerning hiring and Plaintiff's claims of inadequate medical treatment is tenuous, the Court finds Plaintiff has stated a viable policy and practice claim against Wexford. The Court notes, however, that Plaintiff's general reference to Wexford's policies related to its peer review process, chronic care, medical records, and specialty consultations do not support a deliberate indifference claim against Wexford as they were not pled with any particularity.
Based on the foregoing, Plaintiff's motion to amend (Doc. 26) is
Defendant John Baldwin remains a defendant in his official capacity for purposes of carrying out any ordered injunctive relief.
The Clerk of Court is
The Clerk of Court shall prepare for Defendants Christine Brown and Wexford Health Sources, Inc.: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is