Murray v. Adams County Jail et al
Filing
10
OPINION (See Written Opinion): The Adams County Jail is dismissed because the Jail is not a suable entity. This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on November 26, 2013, at 1:30 p.m., or as soon as the Court can r each the case, before U. S. District Judge Sue E. Myerscough by telephone conference. The conference will be cancelled if service has been accomplished and no pending issues need discussion. Accordingly, no writ shall issue for Plaintiff's presence unless directed by the Court. Entered by Judge Sue E. Myerscough on 9/23/2013. (VM, ilcd)
E-FILED
Monday, 23 September, 2013 08:13:53 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
TIMOTHY DeANDRE MURRAY,
Plaintiff,
v.
ADAMS COUNTY JAIL and
CHAD DOWNS,
Defendant.
)
)
)
)
)
)
)
)
)
)
13-CV-3114
OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se from incarceration in Dixon
Correctional Center, seeks leave to proceed in forma pauperis on
claims arising from his experience at the Adams County Jail
beginning on May 14, 2012 for about three months.
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, --- F.3d ---, 2013 WL 3336713 * 2 (7th Cir.
2103). However, conclusory statements and labels are insufficient.
Enough facts must be provided to "'state a claim for relief that is
Page 1 of 6
plausible on its face.'" Alexander v. U.S., 2013 WL 3215667 *2 (7th
Cir. 2013)(quoted cite omitted).
Plaintiff alleges that, during his detention in the Adams
County Jail, he was kept in a restraint chair overnight, several
times, and for entire shifts. He was forced to urinate on himself
while in the restraint chair, and he had to sit in his urine for hours.
Plaintiff also alleges that he was tasered and choked semiunconscious at some point.
Accepting the allegations as true, Plaintiff states due process
claims arising from the conditions he was allegedly forced to endure
in the restraint chair. Plaintiff also states an excessive force claim
based on the tasering and choking. Accordingly, this case will
proceed pursuant to the standard procedures.
However, Defendant Chad Downs, cannot be held liable for his
employees’ constitutional violations unless Downs was personally
responsible for those violations. For example, Downs could be
liable if he participated in, directed, approved of, or turned a blind
eye to the constitutional violations. Only the individual personally
responsible for the misconduct can be liable. Plaintiff does not
Page 2 of 6
name any individual Defendants besides Chad Downs. At this
point, Defendant Downs will remain in the case.
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 constitutional
claims regarding: 1) the use of the restraint chair and the
conditions Plaintiff was allegedly forced to endure in the restraint
chair; and 2) excessive force arising from the tasering and choking
of Plaintiff. 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)
The Adams County Jail is dismissed because the Jail is
not a suable entity.
3)
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).
Page 3 of 6
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 the time
prescribed by Local Rule. 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.
6)
Plaintiff shall serve upon any Defendant who has been
served but who is not represented by counsel a copy of every filing
submitted by Plaintiff for consideration by the Court and shall also
file a certificate of service stating the date on which the copy was
mailed. Any paper received by a District Judge or Magistrate Judge
that has not been filed with the Clerk or that fails to include a
required certificate of service shall be struck by the Court.
Page 4 of 6
7)
Once counsel has appeared for a Defendant, Plaintiff
need not send copies of his filings to that Defendant or to that
Defendant's counsel. Instead, the Clerk will file Plaintiff's document
electronically and send a notice of electronic filing to defense
counsel. The notice of electronic filing shall constitute service on
Defendants pursuant to Local Rule 5.3. If electronic service on
Defendants is not available, Plaintiff will be notified and instructed
accordingly.
8)
This cause is set for further scheduling procedures under
Fed. R. Civ. P. 16 on November 26, 2013, at 1:30 p.m., or as soon
as the Court can reach the case, before U. S. District Judge Sue E.
Myerscough by telephone conference. The conference will be
cancelled if service has been accomplished and no pending issues
need discussion. Accordingly, no writ shall issue for Plaintiff’s
presence unless directed by the Court.
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.
Page 5 of 6
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.
IT IS FURTHER ORDERED THAT THE CLERK IS DIRECTED TO
attempt service on Defendants pursuant to the Court’s
standard procedures.
ENTERED: September 23, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
Page 6 of 6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?