Peterson v. Wexford Health Sources, Inc.

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-prisoner’s section 1983 action, alleging that defendants-prison medical personnel were deliberately indifferent to his medical condition, where plaintiff incurred injuries after defendants allowed him to personally apply caustic medication to treat his genital warts, where language on packaging for said medication advised that said medication should only be applied by physician. Plaintiff’s complaint contained no allegations that would draw inference that defendants actually knew about, but disregarded, substantial risk of harm to plaintiff’s health or safety, and plaintiff’s conclusory allegations that defendants had requisite state of mind were insufficient to state cause of action. Dist. Ct. erred, though, in dismissing on timeliness grounds plaintiff’s negligence claims in 2019 complaint against instant defendants, even though plaintiff failed to allege said negligence claim in original 2015 complaint. Record showed that plaintiff had previously filed motion for voluntary dismissal under 735 ILCS 5/13-217, and instant complaint was filed within one year of said dismissal. As such, plaintiff could bring instant negligence claim, since it arose out of “same transaction” at issue in his timely deliberate indifference claim in original complaint.