Taylor v. Gaskell et al

Filing 9

ORDER entered by Judge Harold A. Baker on 7/6/2020. 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 deliberate indifference to his current serious mental health needs and to his current need for his prescribed medications. This case proceeds solely on the claims identified in this paragraph. SEE FULL WRITTEN ORDER.(SAG, ilcd)

1:20-cv-01245-HAB # 9

E-FILED

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Monday, 06 July, 2020 04:57:37 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
KENNADO TAYLOR,
Plaintiff,
v.
DR. GASKELL, et al.,
Defendants.

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20-CV-1245

ORDER
HAROLD A. BAKER, U.S. DISTRICT JUDGE.
Plaintiff proceeds pro se from his incarceration in the Pontiac
Correctional Center. He has struck out under 28 U.S.C. § 1915(g),
but he is proceeding under the imminent danger exception, in
particular, on allegations that Plaintiff intends to kill himself if he
does not get some mental health treatment and his prescribed
medicines. The Warden indicates that Plaintiff has been placed on
crisis watch and is housed in a unit tailored for individuals with
self-harm tendencies and personality disorders. [8.]

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This case will proceed for service and briefing on an expedited
schedule. The Court will determine after briefing if an evidentiary
hearing is necessary.
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 deliberate indifference to his current serious
mental health needs and to his current need for his prescribed
medications.

This case proceeds solely on the claims identified in

this paragraph.
2)

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.
3)

The clerk is directed to send waivers of service to

Defendants Dr. Gaskell, Dr. Hower, Crystal Carlson (Mental
Health Professional), Dr. Renzi, and Mr. Goodwin (Mental
Health Professional) pursuant to the standard procedures.
4)

Defendant “Prto” is dismissed because this does not

appear to be a defendant.

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1:20-cv-01245-HAB # 9

5)

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By August 21, 2020, Defendants are directed to file a

response to Plaintiff’s motion for preliminary injunction. The
response shall include affidavits of treating professionals with
personal knowledge of Plaintiff’s current medical and mental
health conditions and treatment. The response shall also
include Plaintiff’s medical and mental health records for the
past six months.
6)

The Clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability
and Accountability Act.
ENTERED: 7/6/2020
FOR THE COURT:
s/Harold A. Baker
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE

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