Woods v. Hitchens et al

Filing 6

MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 1/7/15. IT IS ORDERED: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states an Eighth Amendment claim for inhumane conditions of confinement. This case proceeds solely on the claims identified in this paragraph. Any additional claims shall not be included in the case, except at the Courts discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The clerk is directed to enter the standard order granting Plaintiff's in forma pauperis petition and assessing an initial partial filing fee, if not already done, and to attempt service on Defendants pursuant to the standard procedures.The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. SEE FULL WRITTEN ORDER. (FDT, ilcd)

E-FILED

Wednesday, 07 January, 2015 09:53:42 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
MAURICE A. WOODS,
Plaintiff,
v.
LT. HITCHENS, et al.,
Defendants.

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14-CV-1350

MERIT REVIEW OPINION
JAMES E. SHADID, U.S. District Judge.
Plaintiff filed this case pro se from the Pontiac Correctional
Center. He is now incarcerated in the Livingston County Jail.
The case is before the Court for a merit review pursuant to 28
U.S.C. § 1915A. In reviewing the Complaint, the Court accepts the
factual allegations as true, liberally construing them in 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)(quoted cite omitted).

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ANALYSIS
The alleged incidents occurred in the Pontiac Correctional
Center. On February 3, 2014, Plaintiff was allegedly placed in a
segregation cell with no mattress or bedding; feces allegedly covered
the observation windows and a clogged toilet was filled with feces
and urine. Plaintiff’s pleas for cleaning supplies were allegedly
ignored, so he cleaned the feces off the observation windows with
his own boxer shorts, which he was forced to do to receive a food
tray. That evening, he received a mattress but no bedding; the cell
was allegedly so cold that he had to rip the mattress open in order
to keep warm. Plaintiff allegedly received no underwear, socks,
towels, or sheets for three months.
Plaintiff states an Eighth Amendment conditions-ofconfinement claim based on the alleged conditions in the cell. Gillis
v. Litscher, 468 F.3d 488, 493 (7th Cir.2006) (humane prison
conditions include adequate sanitation and hygiene). Plaintiff
alleges that all of the Defendants personally observed these
conditions but did nothing, so at this point all of the Defendants
will remain in the case.

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A review of computerized records shows that Plaintiff has filed
at least 10 federal cases since 2011, several of them involving
claims of alleged excessive force and feces-covered cells. Last
March, Judge Reagan in the Southern District granted summary
judgment to Defendants on an excessive force claim by Plaintiff.
According to Judge Reagan’s opinion, Plaintiff banged his own head
on the cell wall repeatedly, “broke open a scab in the middle of his
forehead, which began bleeding, and used the blood to write ‘Die
MHP[mental health professional]’” on the wall. Woods v. Walters,
11-CV-0595 (S.D. Ill, 8/3/14 Order).
Plaintiff should be aware that if further development of the
record in this case shows that Plaintiff’s claims lack evidentiary
support or were filed for improper purposes then this case could be
dismissed or other sanctions could be assessed against Plaintiff.
Fed. R. Civ. P. 11(b)(“By presenting to the court a
pleading, . . . an attorney or unrepresented party certifies that . .
.(1) it is not being presented for any improper purpose, such as to
harass, . . . [and] (3) the factual contentions have evidentiary
support . . . .”). At this point, the case will proceed pursuant to the
standard procedures.
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IT IS THEREFORE ORDERED:
1)

Pursuant to its merit review of the Complaint under 28

U.S.C. § 1915A, the Court finds that Plaintiff states an Eighth
Amendment claim for inhumane conditions of confinement. This
case proceeds solely on the claims identified in this paragraph.
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.
2)

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 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.
3)

The Court will attempt service on Defendants by mailing

each Defendant 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
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of service. After Defendants have been served, the Court will enter
an order setting discovery and dispositive motion deadlines.
4)

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.
5)

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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6)

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.
7)

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.
8)

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
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or phone number will result in dismissal of this lawsuit, with
prejudice.
9)

If a Defendants 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).
10)

Within 10 days of receiving from Defendants' counsel an

authorization to release medical records, Plaintiff is directed to sign
and return the authorization to Defendants' counsel.
11)

The clerk is directed to enter the standard order

granting Plaintiff's in forma pauperis petition and assessing an
initial partial filing fee, if not already done, and to attempt
service on Defendants pursuant to the standard procedures.
12)

The Clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability
and Accountability Act.
ENTERED: January 7, 2015.
FOR THE COURT:
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s/James E. Shadid
JAMES E. SHADID
UNITED STATES DISTRICT JUDGE

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