United States District Court, C.D. Illinois
GERI L. McDANIELS, Plaintiff,
GLEN AUSTIN, et al., Defendants.
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 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.
is currently incarcerated at Fox Valley Adult Transition
Center. However, plaintiff's claims arise from her
incarceration at Logan Correctional Center
(“Logan”). Plaintiff alleges that officials at
Logan ridiculed her for her heroin addiction, accused her of
selling her medication, placed her in segregation, and
otherwise ignored her while she was 8 1/2 months pregnant.
also alleges that officials delayed taking her to a hospital
after she began experiencing contractions and vaginal
bleeding, ultimately resulting in a C-section. Plaintiff
alleges that when she returned to Logan after giving birth,
she suffered from extreme depression, that she was forced to
sleep on a concrete slab without clothing or a blanket, and
that medical staff refused to address her withdrawal symptoms
or mental health issues.
states a claim for deliberate indifference to serious medical
and mental health needs. Petties v. Carter, 836 F.3d
722, 729-30 (7th Cir. 2016) (en banc). Plaintiff also states
an Eighth Amendment claim for inhumane conditions of
confinement for the conditions she allegedly endured after
giving birth. Townsend v. Fuchs, 522 F.3d 765, 773
(7th Cir. 2008).
however, does not identify which prison officials were
responsible for these deprivations. Plaintiff cannot sue the
warden just because he is in charge, and she will need to
amend her complaint to include the officials actually
responsible for the alleged constitutional violations once
she determines their identities. The Court will keep
Defendant Austin as a defendant solely for purposes of
identifying these individuals. Donald v. Cook Cnty.
Sheriff's Dep't, 95 F.3d 548, 555-56 (7th Cir.
1996) (Court may name high level administrators as defendants
for purposes of identifying Doe defendants).
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the court finds that the plaintiff states
Eighth Amendment claims for deliberate indifference to
serious medical and mental health needs and for inhumane
conditions of confinement against Doe defendants. 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
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
unless and until a motion is filed by the defendants.
Therefore, no response to the answer is necessary or will be
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