United States District Court, Northern District of Illinois
December 30, 2010
TOM DART, ET AL.
Name of Assigned Judge Sitting Judge if Other or Magistrate Judge DAVID H. COAR than Assigned Judge
DOCKET ENTRY TEXT:
The plaintiff may proceed on his amended complaint. The clerk is directed to: (1) add Dr. Jones, Dr. Halbert, and Salvador Godinez pursuant to the amended complaint; (2) change Avery Hurt to Avery Hart; (3) terminate Director Miller pursuant to the amended complaint and Fed. R. Civ. P. 15(a); (4) issue summonses for service on the defendants; and (5) mail the plaintiff a magistrate judge consent form and filing instructions along with a copy of this order.
O [For further details see text below.] Docketing to mail notices.
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, correctional officials and health care providers, have violated the plaintiff's constitutional rights by acting with deliberate indifference to his serious medical (mental health) needs. More specifically, the plaintiff contends that he and fellow detainees in the jail's displaced psychiatric unit have been needed medication, therapeutic treatment, and programs.
The plaintiff has submitted an amended complaint as directed. See Minute Order of October 26, 2010. Under 28 U.S.C. § 1915A, the court is required to conduct a prompt initial review of prisoner complaints against governmental entities or employees. Here, accepting the plaintiff's factual allegations as true, the court finds that the amended complaint states a colorable cause of action under the Civil Rights Act. The Due Process Clause prohibits deliberate indifference to the serious medical needs of a pretrial detainee. Grieveson v. Anderson, 538 F.3d 763, 779 (7th Cir. 2008); Chapman v. Keltner, 241 F. 3d 842, 845 (7th Cir. 2001); but see Henderson v. Sheahan, 196 F.3d 839, 844 (7th Cir. 1999) (inattention only to serious injury or signs of serious injury amounts to a constitutional violation). The U.S. Court of Appeals for the Seventh Circuit has found that "the need for a mental illness to be treated could certainly be considered a serious medical need." Sanville v. McCaughtry, F.3d 724, 734 (7th Cir. 2001); see also Wellman v. Faulkner, 715 F.2d 269 (7th Cir. 1983). While a more fully developed record may belie the plaintiff's claims, the defendants must respond to the allegations in the amended complaint.
The clerk shall issue summonses for service of the amended complaint on the defendants. The clerk shall also send the plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order.
The United States Marshals Service is appointed to serve the defendants. Any service forms necessary for the plaintiff to complete will be sent by the Marshal as appropriate to serve the defendants with process. The U.S. Marshal is directed to make all reasonable efforts to serve the defendants. With respect to any former jail employee who can no longer be found at the work address provided by the plaintiff, the Cook County Department of Corrections and/or Cermak Health Services shall furnish the Marshal with the defendant's last-known address. The information shall be used only for purposes of effectuating service [or for proof of service, should a dispute arise] and any documentation of the address shall be retained only by the Marshal. Address information shall not be maintained in the court file, nor disclosed by the Marshal. The Marshal is authorized to mail a request for waiver of service to the defendants in the manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting personal service. The plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of the Prisoner Correspondent. The plaintiff must provide the court with the original plus a complete judge's copy, including any exhibits, of every document filed. In addition, the plaintiff must send an exact copy of any court filing to the defendants [or to defense counsel, once an attorney has entered an appearance on behalf of the defendants]. Every document filed with the court must include a certificate of service stating to whom exact copies were mailed and the date of mailing. Any paper that is sent directly to the judge or that otherwise fails to comply with these instructions may be disregarded by the court or returned to the plaintiff.
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