Eighth Amendment Violation

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7^th Circuit Court of Appeals

Case Name: Jermari Dorsey v. John Varga

Case No.: 21-1132

Officials: Hamilton, St. Eve, and Kirsch, Circuit Judges.

Focus: Eighth Amendment Violation

Dorsey suffered a back injury while incarcerated. He alleges that his efforts to seek medical treatment were met with resistance from corrections officers, a nurse, and a doctor. Instead of being treated for back pain, Dorsey was prescribed psychiatric medications without his knowledge or consent. Dorsey filed suit, seeking redress for Eighth Amendment and due process violations. The district court screened his determined that Dorsey had improperly joined unrelated claims in a single lawsuit. The court struck the complaint and denied Dorsey’s motion to appoint counsel, but it invited Dorsey to file an amended complaint that cured the joinder problem. Dorsey attempted to comply with the court’s instructions. After deeming three amended complaints unsatisfactory, the district court dismissed the case.

On remand, the district court should complete the PLRA screening process, considering whether Dorsey’s claims can continue in one proceeding and whether either states a claim upon which relief may be granted. If the court concludes that Dorsey’s claims should be severed, it should not sever them without giving Dorsey the option of abandoning one set of claims to avoid incurring a second filing fee. The court is free to consider appointing counsel for Dorsey, but it is not obligated to do so at this stage

Affirmed in part, reversed in part and remanded

Decided 12/15/22

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