United States District Court, C.D. Illinois
MERIT REVIEW OF AMENDED COMPLAINT
E. SHADID, UNITED STATES DISTRICT JUDGE
proceeding pro se, files an Amended Complaint pursuant to 42
U.S.C. § 1983. Plaintiff alleges that Pinckneyville
Correctional Center Defendants Lt. Skeens, Patricia Brady,
Officer Hubert, Officer Torres and Officer Lindsay were
deliberately indifferent to his serious medical needs and
violated his rights under the Americans with Disabilities Act
(“ADA”). The case is before the Court for a merit
review pursuant to 28 U.S.C. § 1915A. In reviewing the
Complaint, the Court accepts the factual allegations as true,
liberally construing them in Plaintiff's favor.
Turley v. Rednour, 729 F.3d 645, 649-51 (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. United States, 721 F.3d 418, 422 (7th
Cir. 2013)(citation and internal quotation marks omitted).
While the pleading standard does not require “detailed
factual allegations”, it requires “more than an
accusation.” Wilson v. Ryker, 451 Fed.Appx.
588, 589 (7th Cir. 2011) quoting Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009).
alleges that on March 21, 2016, he was suicidal and requested
to see a crisis team member. Plaintiff was moved to one
gallery and Patricia Brady, a Mental Health Professional
(“MHP”) was called. Plaintiff was told that Ms.
Brady was in consultation with a number inmate and was made
to wait. After 45 minutes of waiting Defendant Skeens
approached the cage where Plaintiff was being held. When told
that Plaintiff was waiting to see a crisis team member,
Defendant Skeens allegedly stated that he did not care if
Plaintiff killed himself. Defendant Brady came out several
times to use the phone. It is unclear whether Plaintiff spoke
to her, or whether she was aware that he was waiting to be
Hubert allegedly told Defendant Skeens, once again, that
Plaintiff wanted to be seen by a crisis team. At that point,
Defendant Skeens allegedly ordered that Plaintiff be returned
to his cell. Plaintiff shouted to Defendant Brady who was
about 15 feet away, telling her he was suicidal. She
allegedly ignored him.
alleges that Defendants Hubert, Lindsay and Torres forcibly
took him back to his cell. Plaintiff alleges that Defendant
Skeens accompanied them from behind, pushing Plaintiff
forward. Plaintiff alleges that he screamed to to Dr.
McCormick “trying to tell him what was going on,
” but does not allege that Dr. McCormick saw him, or
was aware of the situation.
alleges that he attempted to hang himself using his jumpsuit
as a noose. The noose gave way, however, causing him to fall
to the floor. When he attempted to stand, he became dizzy and
passed out. When Plaintiff awoke he was being handcuffed and
shackled and was thereafter placed on a 10 minute suicide
watch. Plaintiff claims to have sustained an injury to his
neck which is healing.
case shall proceed against Defendants Skeens, Brady, Hubert,
Torres and Lindsay for the deliberate indifference and ADA
claims identified herein. Any claims not identified will not
be included in the case, except in the Court's discretion
upon motion by a party for good cause shown, or by leave of
court pursuant to Federal Rule of Civil Procedure 15.
Clerk is directed to send to each Defendant pursuant to this
District's internal procedures: 1) a Notice of Lawsuit
and Request for Waiver of Service; 2) a Waiver of Service; 3)
a copy of the Complaint; and 4) a copy of this Order.
3. If a
Defendant fails to sign and return a Waiver of Service to the
Clerk within 30 days after the Waiver is sent, the Court will
take appropriate steps to effect formal service on that
Defendant and will require that Defendant pay the full costs
of formal service pursuant to Federal Rule of Civil Procedure
4(d)(2). If a Defendant no longer works at the address
provided by Plaintiff, the entity for which Defendant worked
at the time identified in the Complaint shall provide to the
Clerk Defendant's current work address, or, if not known,
Defendant's forwarding address. This information will be
used only for purposes of effecting service. Documentation of
forwarding addresses will be maintained only by the Clerk and
shall not be maintained in the public docket nor disclosed by
Defendants shall file an answer within the prescribed by
Local Rule. A Motion to Dismiss is not an answer. The answer
it to include all defenses appropriate under the Federal
Rules. The answer and subsequent pleadings are to address the
issues and claims identified in this Order.
When Defendants file their Answer, counsel is to contact the
Court to schedule a short, Rule 16 telephone
Plaintiff shall serve upon any Defendant who has been served,
but who is not represented by counsel, a copy of every filing
submitted by Plaintiff for consideration by the Court, and
shall also file a certificate of service stating the date on
which the copy was mailed.
paper received by a District Judge or Magistrate Judge that
has not been filed with the Clerk or that fails to include a