Vergara Ramirez v. Champaign County Jail
2:15-cv-02122
C.D. Ill.Jul 13, 2015Background
- Plaintiff Victor Hugo Vergara Ramirez, a pretrial detainee at Champaign County Jail, filed a §1983 suit claiming injury after falling while exiting a transport van on March 5, 2015.
- He alleged neck, right shoulder, and back pain; received ibuprofen the night of the fall and requested medical attention thereafter.
- Plaintiff was seen intermittently: observation the morning after the fall (no provider visit), a nurse visit on March 7 with pain medication, and doctor visits on March 11 and two x‑ray sessions (March 12 and March 25) that were read as negative.
- Plaintiff continued to complain of pain despite treatment and alleged defendants were deliberately indifferent to his serious medical needs.
- The Court conducted a merit review under 28 U.S.C. § 1915A and held a hearing; the Court dismissed the complaint for failure to state a claim, assessed a strike under 28 U.S.C. § 1915(g), and ordered payment of filing fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jail/medical staff were deliberately indifferent to a serious medical need | Vergara asserts he suffered injury and ongoing pain and that care was inadequate/delayed | Defendants provided medical attention, medications, diagnostics, and follow‑up; any error is at most negligence | Dismissed: allegations show responsive care; negligence does not equal deliberate indifference |
| Whether plaintiff stated a plausible Eighth/Fourteenth Amendment medical‑care claim | Alleged continuing pain and inadequate diagnosis/treatment | Records show multiple provider contacts, medications, and x‑rays—no conscious disregard | Claim fails as a matter of law for lack of deliberate indifference; dismissed with prejudice |
| Procedural: in forma pauperis screening under §1915A | N/A (plaintiff proceeded IFP) | Court must screen and dismiss frivolous/insufficient claims | Complaint dismissed under §1915A and Rule 12(b)(6); strike assessed |
| Right to appeal in forma pauperis | N/A | Appeal requires notice within 30 days; must move for IFP on appeal and will owe appellate fee | Court advised appeal procedures and fees; dismissal final |
Key Cases Cited
- Turley v. Rednour, 729 F.3d 645 (7th Cir.) (court accepts plaintiff's factual allegations and construes them liberally at screening)
- Alexander v. United States, 721 F.3d 418 (7th Cir.) (complaint must contain enough facts to state a plausible claim)
- Viero v. Bufano, 901 F. Supp. 1387 (N.D. Ill.) (deliberate indifference requires conscious disregard of a serious medical need)
- Duckworth v. Ahmad, 532 F.3d 675 (7th Cir.) (negligence or malpractice does not rise to constitutional deliberate indifference)