United States District Court, N.D. Illinois, Western Division
G. Reinhard Judge.
court has reviewed plaintiff's amended complaint 
pursuant to 28 U.S.C. § 1915A and dismisses it without
prejudice for failure to state a claim. If plaintiff wants to
proceed with this lawsuit, he must submit a proposed second
amended complaint that addresses the concerns discussed in
this order. If he does not do so by July 22, 2019, this case
will be dismissed. Plaintiff is reminded that he must
promptly submit a change-of-address notification if he is
transferred to another facility. If he fails to keep the
court informed of his address, this action will be subject to
dismissal. The Clerk of Court is directed to send plaintiff
an amended complaint form, a blank USM-285 form, and
instructions along with a copy of this order. The court
advises plaintiff that a completed USM-285 form is required
for service on each defendant. The U.S. Marshal will not
attempt service on a defendant unless and until the required
form for that defendant is received.
James Jackson, an inmate in state custody at Dixon
Correctional Center, brings this pro se civil rights
action under 42 U.S.C. § 1983, alleging constitutionally
inadequate mental health care at Dixon. Plaintiff's
amended complaint is before the court for initial review.
28 U.S.C. § 1915A, the court is required to screen
prisoners' complaints and dismiss the complaint, or any
claims therein, if the court determines that the complaint or
claim is frivolous or malicious, fails to state a claim on
which relief may be granted, or seeks monetary relief against
an immune defendant. See Jones v. Bock, 549 U.S.
199, 214 (2007); Turley v. Rednour, 729 F.3d 645,
649 (7th Cir. 2013). Courts screen prisoners' complaints
in the same manner they review motions to dismiss under
Federal Rule of Civil Procedure 12(b)(6). Maddox v.
Love, 655 F.3d 709, 718 (7th Cir. 2011).
alleges inadequate mental health care in June and July of
2018 (, p. 4.) Plaintiff alleges that as a result of the
inadequate care he attempted suicide. (Id.)
Plaintiff alleges he suffers from depression, PTSD, poor
sleep, mood swings, crying, loss of appetite, poor memory,
lack of interest in daily activities, and hopelessness
(Id.) Plaintiff further alleges a policy of
deliberate indifference to serious mental health needs of
inmates who have completed their sentences. (Id.)
Plaintiff names as defendants John Baldwin, John Varga,
Justin Wilks, Troy Hendrix, D. Thompson, C. Dillabough, and
James Martens. (Id.)
the Eighth Amendment, correctional officials are liable
“if they are deliberately indifferent to a
prisoner's serious medical needs.” Harper v.
Santos, 847 F.3d 923, 927 (7th Cir. 2017) (citing
Estelle v. Gamble, 429 U.S. 97, 104 (1976)). To
state a colorable claim, an inmate must plausibly allege that
his medical need is objectively serious and that the
defendant was aware of that need and disregarded it.
health issues that lead to a suicide attempt “have
already been recognized by the courts to be…
objectively serious medical condition[s].” Calhoun
v. Howard, No. 14 C 2631, 2015 WL 5462221, at *4 (N.D.
Ill. Sept. 16, 2015) (citing Sanville v. McCaughtry,
266 F.3d 724, 733-34 (7th Cir. 2001)); Collins v.
Seeman, 462 F.3d 757, 760 (7th Cir. 2006) (“it
goes without saying that suicide is a serious harm”).
In the context of a suicidal inmate, “[t]he second,
‘deliberate indifference' element requires a dual
showing that the defendant: (1) subjectively knew the
prisoner was at substantial risk of committing suicide and
(2) intentionally disregarded the risk.” Minix v.
Canarecci, 597 F.3d 824, 831 (7th Cir. 2010) (citations
omitted). Mental health conditions are a type of serious
medical need, so actual knowledge that an inmate faces a
substantial risk of suicide can rise to the level of a
constitutional violation. Lewis v. Sullivan, 279
F.3d 526, 529 (7th Cir. 2002)
plaintiff has not stated sufficient facts to make a plausible
claim for denial of adequate mental health care. A complaint
must include “a short and plain statement of the claim
showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a)(2). The short and plain statement must
“give the defendant fair notice of what the claim is
and the grounds upon which it rests.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation
omitted). The statement also must contain sufficient factual
matter, accepted as true, to “state a claim to relief
that is plausible on its face, ” which means that the
pleaded facts must show there is “more than a sheer
possibility that a defendant has acted unlawfully.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). When
screening a pro se plaintiff's complaint, courts
construe the plaintiff's allegations liberally.
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
curiam). Courts also must “accept all well-pleaded
facts as true and draw reasonable inferences in the
plaintiff['s] favor.” Roberts v. City of
Chicago, 817 F.3d 561, 564 (7th Cir. 2016). Plaintiff
alleges no facts supporting an inference that he has been
denied adequate mental health care. Instead, he merely pleads
conclusion: that a policy is in place that results in the
denial of adequate care. Courts, on initial review, must
accept all well pleaded facts as true; however, “are
not bound to accept as true a legal conclusion couched as a
factual allegation.” See Twombly, 550 U.S. at
555 (citing Papasan v. Allain, 478 U.S. 265, 286
amended complaint is thus dismissed without prejudice. If he
wants to proceed with this suit, plaintiff must submit a
proposed second amended complaint that addresses the
deficiencies discussed in this order. The court advises
plaintiff that an amended complaint replaces prior complaints
and must stand complete on its own. Therefore, all
allegations against all defendants must be set forth in the
amended complaint without reference to the original
complaint. Any exhibits plaintiff wants the court to consider
in its review of the second amended complaint must be
included with it. Plaintiff is advised to keep a copy for his
Clerk of Court will provide plaintiff with another amended
civil rights complaint form and instructions along with a
copy of this order. Failure to submit an amended complaint by
the date set forth in the order section above ...