United States District Court, C.D. Illinois
MERIT REVIEW ORDER
A. BAKER UNITED STATES DISTRICT JUDGE
Plaintiff, proceeding pro se, and currently incarcerated in
the East Moline Correctional Center, was granted leave to
proceed in forma pauperis. This case is before the
Court for a merit review of the Plaintiff's claims. The
Plaintiff has recently filed a motion for leave to amend his
complaint which is granted pursuant to Federal Rule of Civil
Court is required by 28 U.S.C. §1915A to
“screen” the Plaintiff's amended complaint,
and through such process to identify and dismiss any legally
insufficient claim, or the entire action if warranted. A
claim is legally insufficient if it “(1) is frivolous,
malicious, or fails to state a claim upon which relief may be
granted; or (2) seeks monetary relief from a defendant who is
immune from such relief.” 28 U.S.C. §1915A.
reviewing the amended complaint, the Court accepts the
factual allegations as true, liberally construing them in the
plaintiff's favor. Turley v. Rednour, 729 F.3d
645, 649 (7th Cir. 2013). However, conclusory
statements and labels are insufficient. Enough facts must be
provided to “state a claim for relief that is plausible
on its face.” Alexander v. U.S., 721 F.3d 418,
422 (7th Cir. 2013)(citation omitted). The Court
has reviewed the complaint and has also held a merit review
hearing in order to give the plaintiff a chance to personally
explain his claims to the Court. While the Court will
consider the claims in the body of Plaintiff's amended
complaint, the Court will review the not consider the nearly
80 pages of attached exhibits for claims. Since Federal Rule
of Civil Procedure 8 requires a short and plan statement of
any intended claim, the Court will only consider the
allegations stated in the amended complaint.
Plaintiff says he suffers from a serious medical condition
called Piriformis Syndrome which makes it very difficult for
him to walk without falling. The Plaintiff also says his
injury is a disability pursuant to the Americans with
Disabilities Act(ADA). Nonetheless, the Defendants failed to
provide needed medical care and failed to accomodate his
disability when they refused to move him to a medical setting
where he would not need to walk as far for dietary and
medical. As a result, Plaintiff says he fell and injured
himself on April 25, 2016.
purposes of notice pleading, Plaintiff may proceed with his
claims pursuant to the Eighth Amendment and ADA. However,
Plaintiff will need to clarify the specific involvement of
each Defendant during the discovery process.
the Court notes Plaintiff makes vague reference to medical
negligence in his amended complaint. (Amd. Comp., p. 10).
While far from clear, if the Plaintiff was attempting to
state a medical malpractice claim, his complaint is
insufficient. Illinois law requires any Plaintiff who is
seeking damages for medical malpractice must also file an
affidavit with the complaint providing required information.
See 735 Ill. Comp. Stat. § 5/2-622(a). Failure
to file the required affidavit is grounds for dismissal of
the claim. 735 Ill. Comp. Stat. § 5/2-622(g).
THEREFORE ORDERED that:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that the Plaintiff states an
Eighth Amendment claim for deliberate indifferent to a
serious medical need and an ADA claim against defendant Dr.
William Rankin and Tina Jepsen. Any additional claims shall
not be included in the case, except at the court's
discretion on motion by a party for good cause shown or
pursuant to Federal Rule of Civil Procedure 15.
case is now in the process of service. The Plaintiff is
advised to wait until counsel has appeared for the Defendants
before filing any motions, in order to give the Defendants
notice and an opportunity to respond to those motions.
Motions filed before Defendants' counsel has filed an
appearance will generally be denied as premature. The
Plaintiff need not submit any evidence to the court at this
time, unless otherwise directed by the court.
Court will attempt service on the Defendants by mailing each
Defendant a waiver of service. The Defendants have 60 days
from the date the waiver is sent to file an answer. If the
Defendants have not filed answers or appeared through counsel
within 90 days of the entry of this order, the Plaintiff may
file a motion requesting the status of service. After the
Defendants have been served, the court will enter an order
setting discovery and dispositive motion deadlines.
respect to a Defendant who no longer works at the address
provided by the Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be
used only for effectuating service. Documentation of
forwarding addresses shall be retained only by the clerk and
shall not be maintained in the public docket nor disclosed by
Defendants shall file an answer within 60 days of the date
the waiver is sent by the clerk. A motion to dismiss is not
an answer. The answer should include all defenses appropriate
under the Federal Rules. The answer and subsequent pleadings
shall be to the issues and claims stated in this opinion. In
general, an answer sets forth the Defendants' positions.
The Court does not rule on the merits of those positions
unless and until a motion is filed by the defendants.
Therefore, no response to the answer is necessary or will be
district uses electronic filing, which means that, after
defense counsel has filed an appearance, defense counsel will
automatically receive electronic notice of any motion or
other paper filed by the plaintiff with the clerk. The
Plaintiff does not need to mail to defense counsel copies of
motions and other papers that the Plaintiff has filed with
the clerk. However, this does not apply to discovery requests
and responses. Discovery requests and responses are not filed
with the clerk. The Plaintiff must mail his discovery
requests and responses directly to defendants' counsel.
Discovery requests or responses sent to the clerk will be
returned unfiled, unless they are attached to and the subject