DeJesus v. Quinn et al
Filing
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MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 10/28/2014. Rule 16 Deadline 12/29/2014. Plaintiffs motion to amend complaint 12 is GRANTED. Plaintiffs motion to correct affidavit 13 is GRANTED. The Clerk is directed to attempt service on Defendants pursuant to the standard procedures. (cc Plaintiff via conventional mail.) (LN, ilcd)
E-FILED
Tuesday, 28 October, 2014 03:21:28 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
HECTOR DEJESUS,
Plaintiff,
v.
PAT QUINN, et al.,
Defendants.
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No. 14-1260-SLD-JEH
MERIT REVIEW ORDER
This cause is before the Court for a review of Plaintiff Hector DeJesus’ Amended
Complaint.
On August 14, 2014, the Court conducted a merit review hearing of DeJesus’
Complaint. During this hearing and also in a subsequent written Order entered on
August 25, 2014, the Court explained to DeJesus that he needed to file an Amended
Complaint and that this Amended Complaint should state how the food was
inadequate, what specific injuries he incurred as a result of the attack by his cellmate,
and what treatment, if any, he received for his injuries.
DeJesus has now filed an Amended Complaint that contains the details sought
by the Court and required by United States Supreme Court precedent.
IT IS THEREFORE ORDERED:
1.
Plaintiff’s motion to amend complaint [12] is GRANTED.
2.
Plaintiff’s motion to correct affidavit [13] is GRANTED.
3.
Pursuant to its merit review of the Amended Complaint under 28 U.S.C. §
1915A, the Court finds that Plaintiff has stated the following claims. First, Plaintiff’s
Complaint states a claim for deliberate indifference under the Eighth Amendment
based upon the inadequate and non-nutritious food served to inmates. Plaintiff has
alleged that this is an IDOC policy that comes from the Governor and is implemented
through the ranks down to the prison level. Plaintiff’s claim as to the quality and
quantity of food is against Defendants Quinn, Godinez, Yorkovich, Gossett, Pulley,
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Akpore, Rundle, and Carson. Second, Plaintiff alleges that Hill Correctional Center has
a policy of placing weaker inmates with stronger, more aggressive inmates and that this
policy contributed to the attack upon him. Plaintiff’s condition of confinement claim in
this regard is against Defendants Collins, Damewood, Livingston, Steel, and Gibbs as
they allegedly were either responsible for cell assignments, responsible for
implementing the policy, or turned a blind eye towards the policy. Third, Plaintiff
states a claim for deliberate indifference to his serious medical needs, and Plaintiff’s
claims in this regard is against Defendants Bennett, Dr. Sood, Wexford Health (because
Plaintiff has alleged Wexford has a policy of not treating inmates in order to save
money), Lindorff, Brown, Faetanini, Stockes, and Range. Fourth, Plaintiff states a
medical malpractice claim against Dr. Sood under Illinois state law. 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 15.
4.
This case is now in the process of service. Plaintiff is advised to wait until
counsel has appeared for 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. Plaintiff need not submit any evidence to the Court at this time unless
otherwise directed by the Court.
5.
The Court will attempt service on Defendants by mailing them a waiver of
service. Defendants have 60 days from the date the waiver is sent to file an answer. If
Defendants have not filed answers or appeared through counsel within 90 days of the
entry of this order, Plaintiff may file a motion requesting the status of service. After
Defendants have been served, the Court will enter an order setting discovery and
dispositive motion deadlines.
6.
With respect to a defendant who no longer works at the address provided
by 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.
7.
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
Defendants’ positions. The Court does not rule on the merits of those positions unless
and until a motion is filed by Defendants. Therefore, no response to the answer is
necessary or will be considered.
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8.
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 Plaintiff with the Clerk. Plaintiff does not need to
mail to defense counsel copies of motions and other papers that 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. 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 more detail.
9.
Counsel for Defendants is hereby granted leave to depose Plaintiff at his
place of confinement. Counsel for Defendants shall arrange the time for the deposition.
10.
Plaintiff shall immediately notify the Court, in writing, of any change in
his mailing address and telephone number. Plaintiff’s failure to notify the Court of a
change in mailing address or phone number will result in dismissal of this lawsuit, with
prejudice.
11.
If a defendant fails to sign and return a waiver of service to the clerk
within 30 days after the waiver is sent, the Court will take appropriate steps to effect
formal service through the U.S. Marshal’s Service on that defendant and will require
that defendant to pay the full costs of formal service pursuant to Federal Rule of Civil
Procedure 4(d)(2).
12.
The Clerk is directed to attempt service on Defendants pursuant to the
standard procedures.
Entered this 28th day of October, 2014
/s/ Harold A. Baker
_______________________________________
HAROLD A. BAKER
United States District Judge
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