United States District Court, C.D. Illinois
MERIT REVIEW ORDER
A. BAKER UNITED STATES DISTRICT JUDGE
case is before the court for a merit review of the
plaintiff's claims. The court is required by 28 U.S.C.
Â§1915A to "screen" the plaintiff's 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 A(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. Â§1915A.
reviewing the 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 (7thCir. 2013). However, conclusory
statements and labels are insufficient. Enough facts must be
provided to Astate 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.
times relevant, Plaintiff was detained at the Rock Island
County Jail (“Jail”). Plaintiff alleges that he
suffers from severe sleep apnea. He alleges that he has put
in several requests for medical treatment, but that Defendant
Peterson, the doctor, did nothing to treat his condition.
Plaintiff alleges his condition caused him to struggle
breathing, fall out of his bed, and hit his head on several
also alleges that jail officials refused to fix a leak in his
cell's ceiling. Despite being provided a mop and bucket
to clean and dry the floor, Plaintiff alleges he slipped in a
puddle of water during the night and hurt his back. Plaintiff
alleges he was taken to the hospital, but the pain medication
prescribed to treat his back contusion does not work.
Plaintiff alleges the jail's medical staff would not
change his medications.
rights arise under the Fourteenth Amendment's due process
clause rather than the Eighth Amendment. Burton v.
Downey, 805 F.3d 776, 784 (7th Cir. 2015).
The standards under the respective amendments are essentially
the same. Id. Plaintiff states a claim for
deliberate indifference to a serious medical need for the
alleged failure to treat his sleep apnea and provide follow
up care for his back injury. See Petties v. Carter,
836 F.3d 722 (7th Cir. 2016).
also states a conditions-of-confinement claim for the alleged
floor conditions in his cell. See Anderson v.
Morrison, 835 F.3d 681 (7th Cir. 2016) (jail officials
“must address easily preventable, observed hazards that
pose a significant risk of severe harm to inmates.”).
Island County should be dismissed as a defendant as no
plausible inference arises that the alleged constitutional
deprivation was caused by a county policy or practice.
Monell v. Dep't of Social Srvcs of City of New
York, 436 U.S. 658, 690 (1978).
IS THEREFORE ORDERED that:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the court finds that the plaintiff states
Fourteenth Amendment claims for (1) inhumane conditions of
confinement against Defendant Bustos, and (2) deliberate
indifference to a serious medical need against Defendant
Peterson. 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