Connolly v. Clark et al
Filing
7
MERIT REVIEW OPINION: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states an Eighth Amendment claim of deliberate indifference to Plaintiff's serious medical needs by not permitting Plaintiff a pair of prescription, transitional lenses for use outside. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 1/15/2014. (MJ, ilcd)
E-FILED
Wednesday, 15 January, 2014 10:38:24 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
CARLOS CONNOLLY,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
GEORGIA CLARK, et al.,
Defendants.
13-CV-3361
MERIT REVIEW OPINION
Plaintiff, proceeding pro se and incarcerated in Illinois River
Correctional Center, 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).
Plaintiff alleges that his eye doctor has twice prescribed
Plaintiff two pairs of eyeglasses: one pair for inside and a
Page 1 of 7
transitional lens for outside. Plaintiff is allegedly nearly blind in
one eye and has photophobia, or light sensitivity in both eyes. For
over 40 years, Plaintiff possessed these two pairs of eyeglasses in
prison without incident. Upon Plaintiff's transfer to Logan
Correctional Center, Plaintiff's outside eyeglasses were confiscated
and destroyed for purported security reasons. Plaintiff instead was
given a piece of tinted plastic to place inside his eyeglasses when he
goes outside. Plaintiff seeks a pair of prescription transitional
eyeglasses in plastic frames. He asserts that he is willing to pay for
the glasses.
Given the apparent complexity of Plaintiff's eye condition and
his prescription for two pairs of eyeglasses, the Court cannot rule
out an Eighth Amendment claim for deliberate indifference to
Plaintiff's serious need for two pairs of eyeglasses. However,
Plaintiff seeks injunctive relief in the form of compelling persons
where he is currently housed to provide him with the glasses.
Plaintiff needs to name as Defendants the persons in his current
prison with the authority to provide him the eyeglasses. Plaintiff
also needs to try to obtain the eyeglasses at his current prison. In
the meantime, this case will be sent for service.
Page 2 of 7
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 of deliberate indifference to Plaintiff's serious
medical needs by not permitting Plaintiff a pair of prescription,
transitional lenses for use outside. 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)
If Plaintiff seeks injunctive relief (a Court order for a
person to take certain action), then Plaintiff must name as
Defendants the persons with the ability to take that action. By
February 3, 2014, Plaintiff shall inform the Court of the names of
the persons at Plaintiff's current prison with the authority to
provide Plaintiff his transitional eyeglasses. Plaintiff should title his
document as a "motion to add defendants."
3)
This case is now in the process of service. Plaintiff is
advised to wait until counsel has appeared for Defendants before
filing any motions, except for his motion to add defendants, in order
Page 3 of 7
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.
4)
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.
5)
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.
Page 4 of 7
6)
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.
7)
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
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
Page 5 of 7
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.
8)
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.
9)
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.
10)
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
to pay the full costs of formal service pursuant to Federal Rule of
Civil Procedure 4(d)(2).
11)
The clerk is directed to enter the standard order
granting Plaintiff's in forma pauperis petition and assessing an
Page 6 of 7
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.
13)
The clerk is directed to send this order to Illinois
Assistant Attorney General Karen McNaught.
14)
A status conference is set for March 17, 2014 at 1:30
p.m. Plaintiff shall appear by video; Defense counsel shall
appear in person. The Clerk is directed to issue a video writ.
ENTERED: January 15, 2014
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?