TANYA WALTON PRATT, District Judge.
Plaintiff Angelito Mercado is a prisoner currently incarcerated at Bartholomew County Jail. Because Mercado is a "prisoner" as defined by 28 U.S.C. § 1915(h), the complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). Pursuant to this statute, "[a] complaint is subject to dismissal for failure to state a claim if the allegations, taken as true, show that plaintiff is not entitled to relief." Jones v. Bock, 127 S.Ct. 910, 921 (2007). To survive a motion to dismiss, the complaint "must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. . . . A claim has facial plausibility when plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quotations omitted). Pro se complaints such as that filed by the plaintiff are construed liberally and held "to a less stringent standard than formal pleadings drafted by lawyers." Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015) (internal quotation omitted).
In his complaint, Mercado sues Dr. Michael Person ("Dr. Person") for deliberate indifference to his serious medical needs, racial discrimination, and intentional infliction of emotional distress. Dkt. 1-1. Mercado alleges that on September 26, 2018, because he had missed his dose in the morning for the second time in 6 months, Dr. Person took away his Thorazine medication. Thorazine is an anti-psychotic medication for mental health treatment. Mercado alleges that other inmates of a different race have been allowed to miss their medication numerous times without loss of their medication. Mercado requests $25,000 and other monetary damages.
Mercado's allegations support a reasonable inference that Dr. Person was deliberately indifferent to Mercado's serious mental health needs. Accordingly, this action
His Fourteenth Amendment
Dr. Person has
The claims remaining in this case are Mercado's:
The Court has additionally taken or directed the following actions:
(1) Mercado's claim of racial discrimination is dismissed for failure to state a claim upon which relief can be granted; and
(2) Dr. Person has