Poole v. Issac, No. 11-2903 (7th Cir. 2012)
Annotate this CasePoole, an Illinois prisoner, believed that a required $2 co-payment for dental care furnished at the prison violate his rights under the Eighth Amendment. After paying the fee, he sued under 42 U.S.C. 1983. Poole’s complaint “frivolously” accuses defendants of “committing strong arm robbery” against a “captive market of inmates.” After screening the complaint under 28 U.S.C.1915A, the district court dismissed Poole’s claims against several defendants with prejudice, but allowed the action to proceed against Isaacs, the prison healthcare administrator, because Poole alleged that he “didn’t have any money” for the co-payment. That allegation was false, and following discovery, the district court granted summary judgment for Isaacs. The Seventh Circuit affirmed, stating that both the original lawsuit and the appeal were so lacking in merit that they warrant the imposition of two strikes under 28 U.S.C. 1915(g). Isaacs did not deny dental care for Poole, nor is she to blame for the delay in treatment. Poole had sufficient funds in his trust fund account but opted to refuse treatment rather than part with his money.
The court issued a subsequent related opinion or order on January 2, 2013.
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