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Jonathon Williams v. Dr. Sims

May 24, 2011

JONATHON WILLIAMS
v.
DR. SIMS, ET AL.



Name of Assigned Judge or Magistrate Judge William T. Hart Sitting Judge if Other than Assigned Judge

(#2010-0211113)

CASE TITLE

DOCKET ENTRY TEXT

Plaintiff's second amended complaint [9] is accepted. The Clerk shall: (1) dismiss Defendants Cook County Sheriff Department, Cook County Department of Corrections, Cermak Health Services, and Lieutenant Tucker; (2) issue summons for service of the second amended complaint [9] on Defendant Dr. Sims; (3) and send Plaintiff a Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order. Plaintiff's motion for appointment of counsel [11] is denied without prejudice.

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

STATEMENT

Plaintiff, Jonathon Williams, a pretrial detainee at Cook County Jail, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. On February 17, 2011, Plaintiff was allowed to proceed in forma pauperis, however, his complaint was dismissed because it failed to state a claim against a named Defendant. In addition, it appeared that Plaintiff had not fully exhausted his administrative remedies as to some of his claims. Plaintiff's amended complaint was dismissed on these same grounds. Plaintiff has now submitted a second amended complaint.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt review of the second amended complaint and to dismiss the second amended complaint if it fails to state a claim upon which relief can be granted.

Plaintiff alleges that in February of 2010, upon intake at Cook County Jail, he informed Dr. Sims that he was HIV positive and required daily HIV medication. Plaintiff also documented his needed medications on his Intake Medical Sheet. Plaintiff did not receive his medications until early June of 2010. Plaintiff alleges that Dr. Sims had the responsibility to make sure that he received his medications but he failed to fulfill that responsibility.

Plaintiff also alleges that in the middle of August 2010, Pharmacist R refilled his medications with the incorrect medications causing him to miss a week of his medications. Plaintiff did not receive his medication from August 30, 2010 through September 21, 2010, and from January 14, 2011 through January 19, 2011. In addition, his medication was taken on January 20, 2011, per Lieutenant Tucker, during an unreasonable search and was not replaced until January 27, 2011.

Plaintiff now names Dr. Sims, Pharmacist R, Lieutenant Tucker, Cook County Sheriff Department, Cook County Department of Corrections, and Cermak Health Services as Defendants.

Plaintiff has sufficiently stated a claim against Dr. Sims and Pharmacist R. Dr. Sims must respond to the second amended complaint. Plaintiff will need to amend his complaint after learning the identity of Pharmacist R. Cook County Sheriff Department, Cook County Department of Corrections, and Cermak Health Services are dismissed from this action because they are not suable entities. See Glass v. Fairman, 992 F. Supp. 1040, 1043 (N.D. Ill. 1998).

Lieutenant Tucker is also dismissed from this action as Plaintiff has affirmatively pled that he did not exhaust his administrative remedies as to the 2011 allegations prior to filing suit.

Exhaustion of administrative remedies is required for all prisoner suits seeking redress for prison circumstances or occurrences, regardless of whether they involve general circumstances of incarceration or particular episodes. See Porter v. Nussle, 534 U.S. 516 (2002). Under 42 U.S.C. ยง 1997e(a), the court is directed to dismiss a suit brought with respect to prison conditions if the court determines that plaintiff has failed ...


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