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Daniel S. Padilla v. S. Suneja

September 6, 2012

DANIEL S. PADILLA, PLAINTIFF,
v.
S. SUNEJA, M.D.; JAMIA KLAUSING; LORI SNIDER, R.N.; A. TARIQ, M.D.; SHIRLEY SHAW; CINDY GUEBERT, R.N.; ROGER SHOENBECK; NICK CHANDLER; BEVERLY HICKMAN; S.T.A. SHAWN; S.T.A. BILL; S.T.A. JEREMY; S.T.A. ADAM; S.T.A. ZACHERY; AND O.I.G. RUSSELL HECK,
DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert United States District Judge

MEMORANDUM AND ORDER

Plaintiff, formerly incarcerated at Chester Mental Health Clinic and currently incarcerated at Centralia Correctional Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that while he was at the Chester Mental Health Clinic Defendants Chandler, Shawn, Bill, Jeremy, Adam and Zachery assaulted him because he had been convicted of aggravated criminal sexual abuse of a child. Plaintiff alleges that Defendant Heck took pictures and x-rays of Plaintiff following the assault and that Defendants Suneja, Klausing, Snider, Tariq, Shaw, Guebert and Shoenbeck knew about the assault after it occurred but did nothing in response.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint. Although not technically referred to him at the time, Magistrate Judge Williams granted Plaintiff's motion to amend his complaint, and the Court hereby adopts that order and considers the Amended Complaint (Doc. 21) as the operative pleading in this case. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action:

Count 1: A claim against all Defendants for excessive force in violation of the Eighth Amendment.

Defendants Suneja, Klausing, Snider, Tariq, Shaw, Guebert, Shoenbeck and Heck are dismissed from Count 1 with prejudice for the following reason:

* Plaintiff makes no allegations against these defendants plausibly suggesting a right to relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). A Defendant is generally not liable for the misdeeds of others simply because he knew about them. See Burks v. Raemisch, 555 F.3d 592, 596 (7th Cir. 2009). Here, Plaintiff simply alleges these Defendants knew about an assault that had already been completed but not that they caused or contributed to the assault.

Pending motions

The Court DENIES without prejudice Plaintiff's motion to exhaust administrative remedies (Doc. 19). The Court cannot discern what Plaintiff is seeking in this motion.

The Court DENIES as moot Plaintiff's motion for an extension of time and for the status of case (Doc. 22). Plaintiff currently has no deadlines in this case, and this order provides adequate notice of the status of this case. The Court further notes that Plaintiff has implicitly notified the Court of a change of address in his motion and DIRECTS the Clerk of Court to change Plaintiff's address in the file to Centralia Correctional Center, Inmate Mail/Parcels, P.O. Box 7711, Centralia, IL 62801-7711 and to resend him a copy of any documents in the file that were returned as undeliverable.

Disposition

The following defendants are DISMISSED from this action with prejudice:

Suneja Klausing Snider Tariq

Shaw

...


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