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Luther Washington (#2008-0091352 v. Supt. Bryant

February 16, 2012

LUTHER WASHINGTON (#2008-0091352)
v.
SUPT. BRYANT, ET AL.



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge JOAN H. LEFKOW than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

The plaintiff may proceed only against defendant Bogacki, and only on his claim that Bogacki acted with deliberate indifference to the plaintiff's serious medical needs. All other claims and defendants are summarily dismissed on preliminary review pursuant to 28 U.S.C. § 1915A. The clerk is directed to: (1) file the amended complaint; (2) terminate all defendants except Bogacki; (3) issue summons for service of the amended complaint on defendant Bogacki; and (4) send 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.

STATEMENT

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, jail officials, violated the plaintiff's constitutional rights by acting with deliberate indifference to his safety and medical needs. More specifically, the plaintiff alleges that the defendants failed to protect him from an attack by a fellow inmate, delayed needed medical care for his injuries, and ignored the concerns he continued to express in the days following the attack.

By Minute Order of November 22, 2011, the court granted the plaintiff's motion for leave to proceed in forma pauperis but directed him to submit an amended complaint. The plaintiff has complied with that order. Under 28 U.S.C. § 1915A, the court is required to conduct a prompt initial review of the amended complaint.

Facts

The plaintiff alleges that he is fifty-one years old and not affiliated with any gang. The plaintiff is assigned to the Cook County Jail's Division Ten, which houses inmates with medical and mental health problems. Just prior to the events giving rise to this lawsuit, the plaintiff's housing tier was converted into a segregation unit.

As a security precaution, detainees in segregation are generally allowed out of their cells on a rotation basis, one cell at a time. This procedure limits inmate contact, thereby lessening the chance of an altercation or other disturbance.

On February 26, 2011, defendant Bogacki, who was supervising inmate movement that day, failed to follow protocol and let inmates in four segregation cells out at one time for their showers and telephone calls. Furthermore, Bogacki left his assigned post, leaving the tier unattended for an hour. The inmates who had been released from their cells therefore went unmonitored.

As the plaintiff was standing in front of a cell talking to a fellow detainee, a "gangbanger" suddenly assaulted the plaintiff, knocking him unconscious. The plaintiff sustained an injury to his head that bled profusely.

When Bogacki returned to his post for lock-up, the plaintiff showed the officer his head injury, told Bogacki that his head ached, and requested medical attention. Bogacki said "okay," but continued to lock the plaintiff back in his cell. The plaintiff remained in his cell for four hours, bleeding "abundantly" and drifting in and out of consciousness.

The plaintiff was finally taken to the dispensary late that evening. Because the nurse could not stop the bleeding, the plaintiff was transported to Cermak Hospital. The attending physician stitched the wound, then sent the ...


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