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Jesse anderson (N-63545 v. Cook County of

October 21, 2011

JESSE ANDERSON (N-63545)
v.
COOK COUNTY OF ILLINOIS, ET AL.



Name of Assigned Judge Blanche M. Manning Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

Plaintiff has paid the required filing fee. Plaintiff's complaint [9] is accepted. The Clerk shall: (1) dismiss Defendants Cook County of Illinois, Thomas Dart (misspelled Darts), Salvador Godinez, and A.J. Martinez; (2) issue summonses for Defendants Lieutenant Galn and Correctional Officer Coldquitt; and (3) send Plaintiff a Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order. Plaintiff's motion for service of process [11] is granted. Plaintiff's motion for appointment of counsel [12] is denied without prejudice.

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

STATEMENT

Plaintiff, Jesse Anderson, an inmate at Graham Correctional Center, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has paid the required filing fee.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt review of the complaint.

Plaintiff alleges that on June 29, 2010, he arrived at Cook County Jail and informed medical staff that he needed a low bunk permit due to a fused hip. Plaintiff did not receive a low bunk permit. On July 8, 2010, Plaintiff told Lieutenant Johnson that he needed a low bunk permit. Lieutenant Johnson refused to give Plaintiff a low bunk permit and ordered Plaintiff to get on the top bunk. On July 15, 2010, Plaintiff fell while trying to get down from his top bunk. Plaintiff hit his head and injured his eye in the fall. Plaintiff was taken for medical care at which time he received a permit for a low bunk and a walker. However, Plaintiff was informed that there were no walkers available at that time and Correctional Officer Coldquitt and Lieutenant Galn ordered Plaintiff to sleep on the top bunk. Later, Plaintiff again fell off the top bunk. Coldquitt opened Plaintiff's cell door and saw Plaintiff on the ground. However, Coldquitt just closed the door and refused to let Plaintiff receive any medical care. Coldquitt also told the next shift that Plaintiff did not need any medical care because he was "faking." Plaintiff continues to have medical issues related to his falls.

Plaintiff names Cook County of Illinois, Sheriff Dart, Director Godinez, Superintendent Martinez, Lieutenant Galn, and Officer Coldquitt as Defendants in both their individual and official capacities.

As to Plaintiff's official capacity claims, 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. Brokaw v. Mercer County, 235 F.3d 1000, 1013 (7th Cir.2000). Plaintiff does not make any allegations that he was denied a low bunk permit and proper medical treatment based on an official policy, custom, or practice. Accordingly, Plaintiff's official capacity claims are dismissed.

As to individual capacity claims, liability under the Civil Rights Act 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 his 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. Perkins v. Lawson, 312 F.3d 872, 875 (7th Cir. 2002).

Plaintiff does not make any allegations that Sheriff Dart, Director Godinez, or Superintendent Martinez were personally involved in the alleged constitutional violations. Nor do the allegations rise to an inference that they were aware of Plaintiff's situation. Accordingly, Plaintiff has not stated a claim against these Defendants..

Based on the above, Plaintiff may proceed with his claims against Lieutenant Galn and Correctional Officer Coldquitt; the remaining Defendants are dismissed.

The United States Marshals Service is appointed to serve Defendants Lieutenant Galn and Correctional Officer Coldquitt. Any service forms necessary for Plaintiff to complete will be sent by the Marshal as appropriate to serve Defendants with process. The U.S. Marshal is directed to make all reasonable efforts to serve Defendants. With respect to any former employee who can no longer be found at the work address provided by Plaintiff, the County of Cook and/or Cook County Jail shall furnish the Marshal with 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 ...


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