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Rocky Richmond (#2011-0826078 v. Sheriff Tom Dart

February 17, 2012

ROCKY RICHMOND (#2011-0826078)
v.
SHERIFF TOM DART, ET AL.



Name of Assigned Judge or Magistrate Judge Robert M. Dow, Jr. Sitting Judge if Other than Assigned Judge

CASE TITLE DOCKET ENTRY TEXT:

Plaintiff's motion for leave to proceed in forma pauperis [3] is granted. The Court authorizes and orders Cook County Jail officials to deduct $2.00 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 S. California, Chicago, Illinois 60608. However, summonses shall not issue at this time. The Court dismisses the complaint on file without prejudice. Plaintiff is granted thirty days in which to submit an amended complaint (plus a judge's copy and service copies). Failure to submit an amended complaint within thirty days of the date of this order will result in summary dismissal of this case. The Clerk is directed to provide Plaintiff with an amended civil rights complaint form and instructions along with a copy of this order.

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

STATEMENT

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. Plaintiff claims that Defendants, who are correctional officials and health care providers at the jail, have violated Plaintiff's constitutional rights by acting with deliberate indifference to his medical needs. More specifically, Plaintiff alleges that he received the wrong medication in September 2011 and that he has been denied needed care and treatment for his severe and lingering adverse reaction.

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 $2.00. 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 pay it directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund officer at Plaintiff's place of confinement 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 collected from Plaintiff's trust fund account 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 S. 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 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. Here, even accepting Plaintiff's factual allegations as true, the Court finds that the complaint fails to state a federal claim with regard to receiving the wrong medication on one occasion; however, Plaintiff will be given the opportunity to submit an amended complaint naming as Defendants those individuals who have allegedly acted with deliberate indifference to his current medical needs.

FACTS

Plaintiff is an inmate at the Cook County Jail. Plaintiff alleges that on the evening of September 14, 2011, Defendant Franklin, a correctional officer, gave Plaintiff a packet of morning medication issued by the medical staff. Plaintiff was given four packs of medication which were bound together with a rubber band.

Plaintiff confirmed that his name was on the top packet, but he did not bother to check the other prescriptions because he "trusted" the staff and because he needs reading glasses. After dinner, Plaintiff took medication from each of the four packets.

The following morning, Plaintiff awoke to feeling that his head "was about to explode." Plaintiff felt extremely ill, vomited, lost bladder control, suffered from diarrhea, and had elevated blood pressure. Plaintiff's cellmate then noticed that three of the four medications were prescribed to another inmate. [The complaint does not indicate what wrong medications Plaintiff ingested.]

Plaintiff was transported by wheelchair to Cermak Hospital, where doctors checked his vital signs and photocopied the medication packets. However, the medical staff provided no actual treatment.

Plaintiff still suffers from headaches, as well as numbness on one side of his body. However, his requests for medical attention have been ignored. Plaintiff names as Defendants Officer Franklin, Mario Reyes (the superintendent of Plaintiff's ...


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