Russell v. Standard et al

Filing 5

MERIT REVIEW OPINION: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states a claim for deliberate indifference to his serious mental health needs. This case proceeds solely on the claims id entified 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. The clerk is directed to enter th e 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 WRITTEN OPINION) Rule 16 Deadline 12/22/2014. Entered by Judge Sue E. Myerscough on 10/21/2014. (GL, ilcd)

E-FILED

Tuesday, 21 October, 2014 01:13:28 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
MICHAEL C. RUSSELL,
Plaintiff,
v.
JEFF STANDARD, et al.,
Defendants.

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14-CV-1410

MERIT REVIEW OPINION
Plaintiff, proceeding pro se from his incarceration in the
Fulton County Jail, seeks leave to proceed in forma pauperis. 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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Plaintiff alleges that he is a federal pretrial detainee being
housed in the Fulton County Jail. Having suffered from a long
history of mental health problems, Plaintiff is currently taking
Trazadone and Diazepam, but he is still experiencing “depression,
mood swings, an inability to focus, and an inability to quiet the
noise in my head.” (Complaint p. 6.) Defendants have allegedly
denied Plaintiff’s requests to speak to a psychiatrist or other mental
health professional regarding the adjustment of his medications
and his continuing difficulties.
Deliberate indifference to an inmate’s serious mental health
need violates Plaintiff’s constitutional rights. Townsend v. Cooper,
759 F.3d 678, 689 (7th Cir. 2014). A serious mental health need
can be reasonably inferred from Plaintiff’s description of his history
and current difficulties. Deliberate indifference is more difficult to
infer. Deliberate indifference is more than negligence—deliberate
indifference is the conscious disregard of a known and substantial
risk of serious harm to an inmate’s health. Id. That determination
requires a more developed factual record, however, so this case will
proceed for service.

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Plaintiff should be aware that only those individuals who are
personally responsible for denying him needed treatment can be
liable. The Jail administrators and Advanced Correctional
Healthcare are not liable simply because they employ the
individuals who have denied Plaintiff the care he needs. Kuhn v.
Goodlaw, 678 F.3d. 552, 555 (7th Cir. 2012)(Ҥ 1983 liability is
premised on the wrongdoer's personal responsibility”); Chavez v.
Illinois State Police, 251 F.3d 612, 651 (7th Cir. 2001)(no
respondeat superior liability under § 1983). They might be liable if
they instituted a policy which caused the denial of care, or if they
were personally involved in that denial. Hahn v. Walsh, 762 F.3d
617 (7th Cir. 2014). For now, all Defendants will remain in the case,
but Plaintiff should be aware that he may need to name as
Defendants the individual health professionals who have denied
him a consultation with a mental health specialist.
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 a claim for
deliberate indifference to his serious mental health needs.

This

case proceeds solely on the claims identified in this paragraph.
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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
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
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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.
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
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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
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
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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: October 21, 2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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