Holmes v. Riggenbach et al

Filing 7

MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 8/14/2017. Rule 16 Deadline 10/13/2017. See written Order. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to attempt service on the defendants pursuant to the standard procedures. (LN, ilcd)

E-FILED

Monday, 14 August, 2017 01:40:24 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
JAHVEEAL HOLMES,

Plaintiff,
v.
PHILLIP RIGGENBACH,

et al.
Defendants.

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17-1234

MERIT REVIEW ORDER
This case is before the court for a merit review of the 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.
In 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).
Plaintiff is currently incarcerated at Menard Correctional Center; his claims arise
out of Pontiac Correctional Center. Plaintiff alleges Defendant Riggenbach, a
correctional officer, beat him with a pair of handcuffs and slammed his body into a wall
several times after Plaintiff lied about possessing contraband. Plaintiff alleges two Doe
defendants stood idle for a few minutes before eventually breaking up the fight.
Plaintiff alleges he suffered bruises, pain, blackouts, headaches, and memory loss as a
result of the incident.
Plaintiff states a claim for excessive force against Defendant Riggenbach. See
Hudson v. McMillian, 503 U.S. 1, 6 (1992). Plaintiff also states a claim for failure to
intervene against the Doe defendants. See Lewis v. Downey, 581 F.3d 467, 472 (7th Cir.
2009).

IT IS THEREFORE ORDERED:
1. 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 excessive force
against Defendant Riggenbach, and failure-to-intervene against the 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 15.
2. This 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.
3. The 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.
4. With 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 the clerk.
5. The 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 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 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 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 the defendants is hereby granted leave to depose the plaintiff at his
place of confinement. Counsel for the defendants shall arrange the time for the
deposition.
8. The plaintiff shall immediately notify the court, in writing, of any change in his
mailing address and telephone number. The 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 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. Marshals 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. The clerk is directed to enter the standard qualified protective order pursuant to
the Health Insurance Portability and Accountability Act.
11. The clerk is directed to attempt service on the defendants pursuant to the
standard procedures.
Entered this 14th day of August, 2017.
/s/Harold A. Baker
_________________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE