United States District Court, C.D. Illinois
SECOND MERIT REVIEW OPINION
E. SHADID UNITED STATES DISTRICT JUDGE.
first complaint was dismissed, with leave to replead.
(6/10/16 Merit Review Opinion.) The Court assumes familiarity
with that opinion. Plaintiff's amended complaint is now
before the Court for a merit review.
alleges that he was being treated with medications in the
Stateville Correctional Center for three medical conditions:
a “painful dermatological issue that causes blisters,
nodules and lesions to form on his head”; knee pain
from a prior surgery which causes Plaintiff to limp; and
allergies and sinus problems. (Amended Compl. para 9.)
Plaintiff was transferred to the Western Illinois
Correctional Center in February 2015. Plaintiff told the
intake person about his conditions, and the intake person
assured Plaintiff that Dr. Baker would see Plaintiff in a few
days. However, Plaintiff did not see Dr. Baker until the next
month at the hypertension clinic. At the hypertension clinic,
Dr. Baker refused to treat Plaintiff for his conditions other
than hypertension, telling Plaintiff to file health care
requests, even though Plaintiff told Dr. Baker that Plaintiff
had already tried three times to file health care requests.
Over the next six months Plaintiff repeatedly filed health
care requests and wrote to Dr. Baker and Warden Korte for
medical attention to no avail. During this time Plaintiff
experienced “excruciating pain” in his knee and
head, “sneezing and coughing up blood, ” and
painful blisters on his head that ruptured, oozing pus and
blood. (Am. Compl. paras. 9, 35.) In late September or early
October 2015, Plaintiff was seen by medical staff and
provided his previous medications.
notice pleading stage, Plaintiff states a plausible Eighth
Amendment claim for deliberate indifference to his serious
medical needs. A significant delay in providing necessary
medical treatment can arise to deliberate indifference if the
delay is unjustified and causes unnecessary pain and
suffering. Gil v. Reed, 381 F.3d 649 (7th Cir.
2004)(summary judgment reversed where jury could find delay
in treatment caused "many more hours of needless
suffering for no reason"). Accordingly, this case will
proceed pursuant to the standard procedures.
Plaintiff's motion for leave to file an amended complaint
is granted (8).
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states an Eighth
Amendment claim for deliberate indifference to his serious
medical needs. This case proceeds solely on the claims
identified in this paragraph. 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. Plaintiff is advised
to wait until counsel has appeared for Defendants before
filing any motions, in order to give 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. Plaintiff need not submit
any evidence to the Court at this time, unless otherwise
directed by the Court.
Court will attempt service on Defendants by mailing each
Defendant a waiver of service. Defendants have 60 days from
the date the waiver is sent to file an Answer. If Defendants
have not filed Answers or appeared through counsel within 90
days of the entry of this order, Plaintiff may file a motion
requesting the status of service. After 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 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 Defendants' positions. The
Court does not rule on the merits of those positions unless
and until a motion is filed by Defendants. Therefore, no
response to the answer is necessary or will be considered.
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 Plaintiff with the Clerk. Plaintiff does
not need to mail to Defense counsel copies of motions and
other papers that 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. 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 of a
motion to compel. Discovery does not begin until Defense
counsel has filed an appearance and the Court has entered a
scheduling order, which will explain the discovery process in
Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
Plaintiff's failure to notify the Court of a change in
mailing address or phone ...