COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Hamilton
Derrick Echols – Appellant
Versus
Frederick Craig – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 14‐1829 DERRICK ECHOLS, JR., Plaintiff‐Appellant,
v. FREDERICK A. CRAIG, Defendant‐Appellee. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 11 C 6686 — George M. Marovich, Judge. ____________________
ARGUED NOVEMBER 16, 2016 — DECIDED MAY 4, 2017 ____________________
Before EASTERBROOK, KANNE, and HAMILTON, Circuit
Judges.
HAMILTON, Circuit Judge. Derrick Echols, an Illinois in‐
mate, claims in this suit under 42 U.S.C. § 1983 that prison
dentist Dr. Frederick Craig (an employee of Wexford Health
Sources) violated the Eighth Amendment by providing dental
care with deliberate indifference to Echols’ serious health
2 No. 14‐1829 needs. While Dr. Craig was extracting a wisdom tooth, a drill
bit broke. Dr. Craig sutured Echols’ gum with gauze and at
least one half‐inch long piece of the broken bit still inside,
where it caused pain for about two weeks before it was finally
removed.
Knowledge is the key issue in this lawsuit. Echols alleges
that Craig sutured the extraction site after intentionally
packing it with non‐soluble gauze and without first locating
the missing shards from the broken drill bit. The district court
screened Echols’ operative complaint, see 28 U.S.C. § 1915A,
and dismissed it with the explanation that Echols’ allegations
are factually frivolous. On appeal, we conclude that Echols’
allegations are quite plausible and state a claim for violation
of the Eighth Amendment. We vacate the judgment and
remand for further proceedings.
I. Factual and Procedural Background
Because we review a dismissal on § 1915A screening, we
treat the allegations in the complaint as true, but without
vouching for their objective truth. Plaintiff Echols is a prisoner
in the Stateville Correctional Center. He filed a pro se
complaint alleging that Dr. Craig and Dr. Jaqueline Mitchell
(another dentist employed by Wexford) were deliberately
indifferent to the pain and potential for further injury caused
by having the gauze and fragment of drill bit sutured into his
gum. Dr. Craig had removed one of Echols’ wisdom teeth and
sewed up the extraction area.
According to Echols’ initial complaint, when he returned
to Dr. Mitchell nine days after the extraction to have the
sutures removed, he complained of a metallic taste in his
mouth, blood and pus oozing from the extraction site, a small
No. 14‐1829 3 knot in the gum next to that site, and a lot of pain. But Dr.
Mitchell, instead of ordering an X‐ray, simply told Echols that
these problems would go away. The next day Echols asked to
see a dentist again because the pain had increased, but his
request was denied. Three days after that, the initial
complaint continued, a wad of gauze and a piece of metal drill
bit (about one‐half inch long) dislodged from Echols’ gum
while he was rinsing his mouth.
Dr. Mitchell then opened the extraction site and removed
more gauze and a small piece of tooth root. Echols attached to
this complaint a mostly illegible chart from the prison
infirmary listing the dental services he received and a
“Shakedown Record” confirming that Echols, fourteen days
after the tooth extraction, gave prison staff a “Dental Drill Bit”
and a “small piece of
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