United States District Court, C.D. Illinois
MERIT REVIEW AND CASE MANAGEMENT ORDER
A. BAKER, UNITED STATES DISTRICT JUDGE.
plaintiff, proceeding pro se, was granted leave to
proceed in forma pauperis. The case is now before
the court for a merit review of plaintiff's claims. The
court is required by 28 U.S.C. § 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 “(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 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 set this matter
for a merit review hearing; however, on the day of the
hearing, the court was notified plaintiff was being
transferred out on a writ and was not available. The court
has reviewed the complaint and makes the following
is currently incarcerated at Lawrence Correctional Center,
but plaintiff's claims arise out of his detention at
Montgomery County Jail. Plaintiff alleges that Captain Isaac
placed him in a vehicle without a seat belt and drove
recklessly, causing plaintiff to slam his head into the
security glass. Once at the hospital (for reasons not
explained in the complaint), plaintiff alleges that Captain
Isaac choked him and forced him to sit down. Plaintiff also
alleges that he was denied drinking water for 5 days while on
suicide crisis watch and that he was not fed for 23 days.
Plaintiff also alleges generally that he was not provided
states a Fourteenth Amendment claim for excessive force
against Captain Isaac. See Kingsley v. Hendrickson,
135 S.Ct. 2466 (2015). Plaintiff also states a claim for
deliberate indifference to a serious medical need and for the
alleged denial of water and food. See Petties v.
Carter, 836 F.3d 722, 729-30 (7th Cir. 2016) (en banc);
Budd v. Motley, 711 F.3d 840, 842 (7th Cir. 2013).
Plaintiff, however, cannot sue the “Montgomery County
Jail, ” See Powell v. Cook County Jail, 814
F.Supp. 757, 758 (N.D. Ill. 1993), he must sue the
individuals responsible for the alleged deprivations. The
court will add Captain Isaac as a defendant. Plaintiff will
need to inform the Court which jail officials were
responsible for the denial of food and water.
1. Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the court finds that the plaintiff
states Fourteenth Amendment Due Process claims for excessive
force against Defendant Isaac and for deliberate indifference
to a serious medical need against Defendant John Doe. 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
2. This 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.
3. The 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
4. With 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 the clerk.
5. The 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 considered.
6. This 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
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
7. Counsel for the defendants is hereby granted leave to
depose the plaintiff at his place of confinement. Counsel for
the defendants shall arrange the time for the deposition.
8. The plaintiff shall immediately notify the court, in
writing, of any change in his mailing address and telephone
number. The plaintiff's failure to notify the court of a
change in mailing address or phone number will ...