Racanelli v. Jumper
Filing
3
MERIT REVIEW OPINION: Plaintiff's petition to proceed in forma pauperis is granted 2 . The Clerk is directed to: (1) Attempt service on Defendants pursuant to the standard procedures; (2) set an internal court deadline 60 days from the entry of this order (Miscellaneous Deadline 12/17/2013) for the Court to check on the status of service and enter scheduling deadlines. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 10/18/2013. (ME, ilcd)
E-FILED
Friday, 18 October, 2013 10:49:17 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
JOSEPH RACANELLI,
Plaintiff,
v.
SHAN JUMPER,
Defendant.
)
)
)
)
)
)
)
)
)
)
13-CV-3353
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and detained in the Rushville
Treatment and Detention Center, seeks leave to proceed in forma
pauperis.
The “privilege to proceed without posting security for costs
and fees is reserved to the many truly impoverished litigants who,
within the District Court's sound discretion, would remain without
legal remedy if such privilege were not afforded to them.” Brewster
v. North Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Cir. 1972).
Additionally, a court must dismiss cases proceeding in forma
pauperis “at any time” if the action is frivolous, malicious, or fails to
Page 1 of 7
state a claim, even if part of the filing fee has been paid. 28 U.S.C.
§ 1915(d)(2). Accordingly, this Court grants leave to proceed in
forma pauperis only if the complaint states a federal claim.
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
plausible on its face.'" Alexander v. U.S., 2013 WL 3215667 *2 (7th
Cir. 2013)(quoted cite omitted).
Plaintiff alleges that Defendant Jumper has halted Plaintiff's
ability to progress in Plaintiff's mental health treatment because
Plaintiff is physically unable to pass the polygraph test, despite
Plaintiff's truthfulness. Plaintiff alleges that other residents who
have failed their polygraph tests have been allowed to progress in
treatment, unlike Plaintiff.
Plaintiff is constitutionally entitled to the exercise of
professional judgment regarding his mental health treatment. See
Youngberg v. Romeo, 457 U.S. 307, 321 (1982). However, deference
is afforded the professionals making those judgments. A
Page 2 of 7
professional judgment does not violate the Constitution unless the
judgment “‘is such a substantial departure from accepted
professional judgment, practice, or standards, as to demonstrate
that the person responsible actually did not base the decision on
such a judgment.’” Roe v. Elyea, 631 F.3d 843, 857 (7th Cir.
2011)(quoting Sain v. Wood, 512 F.3d 886, 894-95 (7th Cir. 2009).
Without an explanation from Defendant Jumper, the Court
cannot determine whether Jumper's alleged decision to halt
Plaintiff's therapeutic progress is based on an acceptable exercise of
professional judgment. Accordingly, this case will proceed to
service.
IT IS ORDERED:
1.
Plaintiff's petition to proceed in forma pauperis is granted
(d/e 2). Pursuant to a review of the Complaint, the Court finds that
Plaintiff states a federal constitutional claim arising from
Defendant's alleged refusal to allow Plaintiff to progress in therapy
because of Plaintiff's polygraph results. 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
Page 3 of 7
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
service to file an Answer. If Defendants have not filed Answers or
appeared through counsel within 60 days of the entry of this order,
Plaintiff may file a motion requesting the status of service. After
counsel has appeared for Defendants, the Court will enter an order
scheduling deadlines for discovery and dispositive motions.
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
Page 4 of 7
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 day
the waiver of service 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.
6.
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.
7.
Counsel for Defendants is hereby granted leave to depose
Plaintiff at Plaintiff's place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
Page 5 of 7
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.
IT IS FURTHER ORDERED THAT THE CLERK IS
DIRECTED TO: 1) ATTEMPT SERVICE ON DEFENDANTS
PURSUANT TO THE STANDARD PROCEDURES; AND, 2) SET AN
INTERNAL COURT DEADLINE 60 DAYS FROM THE ENTRY OF
THIS ORDER FOR THE COURT TO CHECK ON THE STATUS OF
SERVICE AND ENTER SCHEDULING DEADLINES.
LASTLY, IT IS ORDERED THAT 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. MARHSAL'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).
ENTERED: 10/18/2013
Page 6 of 7
FOR THE COURT:
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
Page 7 of 7
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?