United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle United States District Judge.
case was severed on November 21, 2018 from Norfleet v.
Baldwin, No. 18-cv-1758-MJR (Doc. 1). It involves the
claims designated as Counts 4 and 5 in the original case,
described as follows:
Count 4: Baldwin, Lashbrook, Love, Jaimet, Malcolm, Hubber,
Onalski, Wahl, Pitman, and IDOC refused to comply with
Plaintiff's indefinite waist chain permit, causing
bruising, cuts, and swelling to Plaintiff's wrists and
fingers in November 2016 and February 2017 in violation of
the Eighth Amendment, Americans with Disabilities Act
(“ADA”), and Rehabilitation Act
Count 5: Myers, McBride, Baldwin, and Lashbrook either
instituted or were deliberately indifferent to IDOC's
policy, practice, or custom of breaking inmates fingers to
force them to comply with black box restraints, pursuant to
which Plaintiff's fingers were broken in November 2016 in
violation of the Eighth Amendment.
case is now before the Court for consideration of
Plaintiff's Motion for Leave to File First Amended
Complaint (Doc. 12), Motion to Clarify (Doc. 11), and
preliminary review of the First Amended Complaint.
proposed First Amended Complaint adds dates when his waist
chain permit was allegedly ignored in November 2016. He also
seeks to add Patrick Keane to his allegations in Count 4.
Finally, the First Amended Complaint does not include Count
5. The Court GRANTS the Motion to Amend
(Doc. 12) and DIRECTS the Clerk to file the
First Amended Complaint on the docket. The Clerk is also
DIRECTED to add Patrick Keane to the docket
as a defendant.
Motion to Clarify (Doc. 11) is DENIED. In
the Motion, Plaintiff informs the Court that he is seeking to
amend his Complaint in Norfleet v. Baldwin, No.
18-cv-1524-SMY to add the claims in this case. Those claims
were previously dismissed as they were improperly joined with
other claims. (No. 18-cv-1524, Doc. 9, p. 11).
Plaintiff's claims in this case are not currently claims
in No. 18-cv-1524. As such, the Court will proceed with its
review of Plaintiff's First Amended Complaint.
28 U.S.C. § 1915A, the Court is required to screen
prisoner complaints to filter out non-meritorious claims.
See 28 U.S.C. § 1915A(a). Any portion of a
Complaint that is legally frivolous, malicious, fails to
state a claim upon which relief may be granted, or asks for
money damages from a defendant who by law is immune from such
relief must be dismissed. 28 U.S.C. § 1915A(b).
makes the following allegations with respect to Count 4 in
his Amended Complaint: On November 1, 2016, November 8, 2016,
November 15, 2016, November 17, 2016, and February 14, 2017,
Defendants Baldwin, Lashbrook, Jaimet, Keane, Malcom, Hubber,
Love, Onalski, Wahl, Pitman, and the Illinois Department of
Corrections (“IDOC”) refused to comply with
Plaintiff's waist chain permit. As a result, Plaintiff
suffered cuts, bruising, and swelling to his wrists during
numerous transports. His chronic displaced nerve condition
was also aggravated by the failure to abide by the permit.
states a viable claim under the Eighth Amendment, ADA, and/or
RA. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976);
42 U.S.C. § 12101 et seq.; 29 U.S.C.
§§ 794-94e. However, Plaintiff's inclusion of
IDOC as a defendant separately from John Baldwin is
duplicative. While IDOC is the only proper defendant for an
ADA/RA claim, a suit against Baldwin in his official capacity
suffices to name IDOC. See 42 U.S.C. §
12131(1)(b); Jaros v. Illinois Department of
Corrections, 685 F.3d 667, 671, 670 n.2 (7th Cir. 2012)
(individual capacity claims are not available; the proper
defendant is the agency or its director (in his official
capacity)). Therefore, IDOC will be dismissed from Count 4
and Count 4 will proceed against Baldwin in his individual
and official capacity. To the extent Plaintiff sues the remaining
named defendants in their official capacities, those claims
will be DISMISSED without prejudice. Because
Plaintiff's First Amended Complaint does not assert
claims against Marcus Myers and Carol McBride, those
individuals will also DISMISSED without
IS HEREBY ORDERED that Count 4 shall proceed against
John Baldwin, Jacqueline Lashbrook, Karen Jaimet, Patrick
Keane, Mr. Malcom, ...