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Taylor v. Sapp

United States District Court, Seventh Circuit

June 3, 2013

ERIC TAYLOR, # N-77710, Plaintiff,
v.
DAVID REDNOUR, MAJOR OLSON, SGT. ROBINSON, SGT. MILLER, SGT. WELBORN, JIMMY HOLLAND, UNKNOWN MEDICAL DIRECTOR, NURSE KATHY, and TIM SAPP, Defendants.

MEMORANDUM AND ORDER

G. PATRICK MURPHY, District Judge.

Plaintiff, currently incarcerated at Western Illinois Correctional Center (located in the central judicial district of Illinois), brings this pro se civil rights action pursuant to 42 U.S.C. § 1983, presenting claims regarding his treatment while incarcerated at Menard Correctional Center (located in the southern district of Illinois). Plaintiff claims that prison officials used excessive force against him, and then were deliberately indifferent to his resulting serious medical needs-all in violation of the Eighth Amendment.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint (Doc. 1). Accepting Plaintiff's allegations as true, and reading the complaint and exhibits as a whole, the Court finds that Plaintiff has articulated a colorable federal cause of action against all named defendants, none of whom can be dismissed at this juncture.

The Complaint

On November 17, 2011, C/O Holland, purportedly at the direction of Sgt. Welborn, ordered Plaintiff to cuff-up and proceed to segregation. C/O Holland and Sgt. Welborn cuffed Plaintiff, threw him to the ground and then dragged Plaintiff, facedown, down the stairs, out the door and to the sally port. At the sally port, Welborn, Holland and Sgt. Robinson assaulted Plaintiff, leaving him bleeding and bruised, and with a swollen wrist. Major Olson, despite being told what had happened and seeing Plaintiff bleeding, directed that Plaintiff be taken to the North 2 Segregation Unit, where he was left without medical attention. Plaintiff also asked Sgt. Miller for medical care, with no result.

Plaintiff subsequently wrote letters and/or grievances to Warden David Rednour, Unknown Medical Director, Nurse Kathy and his counselor, Tim Sapp, explaining his ongoing need for medical care, all to no avail.

As a result of the assault and denial of medical care, Plaintiff has been left with scars; fluids continue to drain from his head; he has difficulty sleeping and suffers from night sweats.

Plaintiff prays for compensatory and punitive damages, as well as injunctive relief.

Based on the allegations in the complaint, and considering the attached exhibits, the Court finds it convenient to divide the pro se action into two counts. Although Plaintiff has generally asserted that all claims are brought against all Defendants, the parties and the Court will use these designations in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court. The designation of these counts does not constitute an opinion as to their merit, but is merely a reflection of the factual allegations.

Count 1: Against Defendants Major Olson, Sgt. Robinson, Sgt. Welborn and C/O Jimmy Holland for using excessive force against Plaintiff, in violation of the Eighth Amendment; and
Count 2: Against Defendants David Rednour, Major Olson, Sgt. Robinson, Sgt. Welborn, Sgt. Miller, C/O Jimmy Holland, Unknown Medical Director, Nurse Kathy and Tim Sapp for being deliberately indifferent to Plaintiff's serious medical needs, in violation of the Eighth Amendment.

As already indicated, all claims shall proceed.

Pending Motion

Plaintiff's motion for appointment (recruitment) of counsel (Doc. 3) shall be referred to United States Magistrate Judge Donald G. ...


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