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CASE Bartholomew Bishop (2009-1018059 v. Dart

November 29, 2010

CASE BARTHOLOMEW BISHOP (2009-1018059)
v.
DART, ET AL.



The opinion of the court was delivered by: Name of Assigned Judge Gary Feinerman

Sitting Judge if Other or Magistrate Judge than Assigned Judge

TITLE

DOCKET ENTRY TEXT

Plaintiff's motion to proceed in forma pauperis [3] is granted. The Court authorizes and orders Cook County Jail officials to deduct $11.60 from Plaintiff's account, and to continue making monthly deductions in accordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 South California, Chicago, IL 60608. The Clerk shall also: (1) issue summons for Defendant Dr. Patel; (2) terminate Defendants Tom Dart and Dr. Avery Hart; and (3) send Plaintiff a Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff, Bartholomew Bishop, a pretrial detainee at Cook County Jail, brings this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff's motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $11.60. The supervisor of inmate trust accounts at the Cook County Jail is authorized and ordered to collect, when funds exist, the partial filing fee from Plaintiff's trust fund account and to pay it directly to the Clerk of Court. After payment of the initial partial filing fee, Plaintiff's trust fund officer is directed to collect monthly payments from Plaintiff's trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 South Dearborn St., Chicago, Illinois 60604, Attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiff's name and the case number assigned to this action. The Cook County Jail inmate trust account office shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred from the jail to another correctional facility.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt initial review of prisoner complaints against governmental entities or employees.

Plaintiff alleges as follows: in April 2010, he injured his hand while playing basketball; he was treated by Dr. Patel, who wrote an order for him to be seen by a "bone doctor"; he was not seen by a bone doctor; Dr. Patel failed to address his subsequent requests for medical treatment so that a new order could be written; and his hand did not heal properly and had to be "rebroke." Plaintiff names Cook County Sheriff Thomas Dart, Medical Director Avery Hart, Dr. Patel, and the unknown bone doctor as Defendants. Plaintiff indicates that brings his action against the Defendants in their individual and official capacities.

As to Plaintiff's individual capacity claims, liability under the Section 1983 requires a defendant's personal involvement in the alleged constitutional violation. See Palmer v. Marion County, 327 F.3d 588, 594 (7th Cir. 2003). Furthermore, a supervisory official cannot be held liable for the conduct of a subordinates based upon a theory of respondeat superior, and a complaint's allegations must indicate that the supervisory official was somehow personally involved in the constitutional deprivation. See Perkins v. Lawson, 312 F.3d 872, 875 (7th Cir. 2002). Here, Plaintiff does not allege any personal involvement in the alleged constitutional violation by Sheriff Dart or Director Hart. Thus,

STATEMENT

he has failed to state a claim against Sherif Dart or Director Hart in their individual capacity. Plaintiff has sufficiently pled a claim against Dr. Patel in his individual capacity.

Claims filed against government officers in their official capacity are actually claims against the government entity for which the officers work. See Kentucky v. Graham, 473 U.S. 159, 167 (1985); Guzman v. Sheahan, 495 F.3d 852, 859 (7th Cir. 2007). A governmental entity is liable for damages under Section 1983 only if the plaintiff can show that the alleged constitutional deprivation occurred as a result of an official policy, custom, or practice. See Monell v. Department of Social Serv., 436 U.S. 658, 692 (1978). Unconstitutional policies or customs generally take three forms: (1) an express policy that, when enforced, causes a constitutional deprivation; (2) a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to constitute a usage or custom with the force of law; or (3) a constitutional injury was caused by a person with final policy-making authority. See Brokaw v. Mercer County, 235 F.3d 1000, 1013 ...


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