United States District Court, S.D. Illinois
MATTHEW J. PETRAKIS, #B19052, Plaintiff,
SCOTT THOMPSON, CHRISTINE BROWN, and JOHN BALDWIN, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL Chief U.S. District Judge.
Matthew Petrakis, an inmate of the Illinois Department of
Corrections (“IDOC”), who is currently
incarcerated at Pinckneyville Correctional Center
(“Pinckneyville”), brings this civil rights
action pursuant to 42 U.S.C. § 1983, the Americans with
Disabilities Act, 42 U.S.C. §§ 12101-213
(“ADA”), and the Rehabilitation Act, 29 U.S.C
§§ 794-94e (“RA”). Plaintiff claims
that Defendants are denying him adequate accommodation under
the ADA and RA and are also deliberately indifferent to his
serious medical needs. According to Plaintiff, because of
hearing loss, he is unable to hear the facility's
intercom system alerting inmates to meals, gym, yard, and
dayroom periods. Because he cannot hear the intercom,
Plaintiff has repeatedly missed meals. His hearing loss also
causes sever dizziness and difficulties with his balance. He
continues to be housed in an upper gallery, however, and he
has been denied a low bunk permit, which increases his risk
of falling and injury.
an initial screening of the Complaint pursuant to 28 U.S.C.
§ 1915A, Plaintiff was allowed to proceed on the
Count 1: Americans with Disabilities Act and
Rehabilitation Act claim against Baldwin, Brown, and Thompson
for failing to accommodate Plaintiff's hearing loss which
has caused him to miss meals.
Count 2: Eighth Amendment claim against
Baldwin, Brown, and Thompson for exhibiting deliberate
indifference to Plaintiff's serious medical needs
regarding his hearing loss and inability to hear meal calls.
Defendants filed an answer or otherwise responded to his
Complaint, Plaintiff filed a Motion for Leave to File an
Amended Complaint. (Doc. 20). Federal Rule of Civil Procedure
15(a)(1) states that “[a] party may amend its pleading
once as a matter of course within: (A) 21 days after serving
it, or (B) if the pleading is one to which a responsive
pleading is required, 21 days after service of a responsive
pleading[.]” Plaintiff's motion is timely and
complies with Federal Rule of Civil Procedure 15(a)(1).
Nonetheless, the First Amended Complaint is still subject to
review under 28 U.S.C. § 1915A.Accordingly, prior to
granting leave to amend, the Court will screen the First
Amended Complaint in accordance with this statute.
First Amended Complaint, Plaintiff brings identical claims
against Defendants Thompson, Baldwin, and Brown. He also
attaches additional exhibits and seeks to add an Eighth
Amendment claim against an additional defendant, Dr. Percy
Myers. The Court classifies the additional Eighth Amendment
claim as follows:
Count 3: Eighth Amendment claim against Dr.
Myers for exhibiting deliberate indifference to
Plaintiff's serious medical needs regarding his hearing
loss which has resulted in vertigo and dizziness by refusing
to issue him a low bunk permit and lower gallery designation.
reasons articulated in the original Merit Review Order (Doc.
7), Plaintiff's claims against Defendants Thompson,
Baldwin, and Brown, previously designated as Counts 1 and 2
(Doc. 7, p. 4), survive preliminary review. Plaintiff's
allegations as to Dr. Myers, pertaining to his alleged
refusal to issue a low bunk permit and lower gallery
designation, are sufficient to state an Eighth Amendment
deliberate indifference claim. Accordingly, Count 3, as
designated in this Order, also survives preliminary review.
to Rule 15, and after review of the First Amended Complaint
pursuant to 28 U.S.C. § 1915A, the Court
GRANTS Plaintiff's Motion for Leave to
File an Amended Complaint (Doc. 20). Counts 1 and 2 will
proceed as to Baldwin,
Brown, and Thompson, and
Count 3 will proceed as to Myers.
Clerk of Court is DIRECTED to file the First
Amended Complaint and to add Dr. Percy Myers
to the docket as a defendant.
the Clerk of Court shall prepare for Myers:
(1) Form 5 (Notice of a Lawsuit and Request to Waive Service
of a Summons), and (2) Form 6 (Waiver of Service of Summons).
The Clerk is DIRECTED to mail these forms, a
copy of the First Amended Complaint, Motion for Temporary
Restraining Order and/or Preliminary Injunction (Doc. 5), the
original Merit Review Order (Doc. 7), and this Memorandum and
Order to his place of employment as identified by Plaintiff.
Thompson, Baldwin, Brown, and
Myers are ORDERED to timely
file an appropriate responsive pleading to the First Amended
Complaint and shall not waive ...