Madrid v. Jackson et al
Filing
6
MERIT REVIEW OPINION entered by Judge Sue E. Myerscough on 6/23/2014. Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that the Plaintiff states an Eighth Amendment claim for deliberate indifference to hi s serious medical needs, and, an Eighth Amendment claim against Defendant Butler for the wanton infliction of pain. Plaintiff's claim about the refusal to process his grievances is dismissed for failure to state a claim. Defendant Jackson is dismissed. This case is now in the process of service. The clerk is directed to attempt service on the Defendants pursuant to the standard procedures. The clerk is further directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. (Rule 16 Deadline 8/22/2014) Entered by Judge Sue E. Myerscough on 6/23/2014. (MAS, ilcd)
E-FILED
Monday, 23 June, 2014 10:34:11 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
LUIS MADRID,
Plaintiff,
v.
HENRY JACKSON, et al.,
Defendants.
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14-CV-3056
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Plaintiff, proceeding pro se and incarcerated in Lincoln
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).
In the Spring of 2013, Plaintiff slipped and fell in the Lincoln
Correctional Center, allegedly breaking his ribs and cracking his
chest plate. Defendants Jackson and Lisa Johnson allegedly
refused to process Plaintiff's grievances about his medical care for
these injuries, telling Plaintiff that the grievances were not in the
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right format. Meanwhile, the rest of the Defendants repeatedly
delayed and denied Plaintiff's requests to be taken to the hospital,
and interfered with or failed to treat Plaintiff's other serious medical
needs, which include, but are not limited to, asthma, diabetes, and
congestive heart failure. Additionally, Defendant Butler, a.k.a Silas,
allegedly repeatedly kicked Plaintiff's bed while Plaintiff was
sleeping, for the purpose of gratuitously and maliciously inflicting
pain on Plaintiff after Plaintiff was recovering from broken ribs.
Plaintiff states an Eighth Amendment claim for deliberate
indifference to his serious medical needs, and, an Eighth
Amendment claim against Defendant Butler for the wanton
infliction of pain. However, Plaintiff does not state a constitutional
claim for the alleged refusal to process his grievances. No
constitutional right to a prison grievance procedure exists. See
Antonelli v. Sheahan, 81 F.3d 1422, 1430 (7th Cir. 1996)(“a state’s
inmate grievance procedures do not give rise to a liberty interest
protected by the Due Process Clause.”). Therefore, the refusal to
process grievances does not alone violate the Constitution, though
that refusal may excuse the requirement that Plaintiff exhaust his
administrative remedies before filing this lawsuit. Defendant
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Jackson will be dismissed since Jackson is implicated only in the
grievance claim.
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 serious medical
needs, and, an Eighth Amendment claim against Defendant Butler
for the wanton infliction of pain. 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)
Plaintiff's claim about the refusal to process his
grievances is dismissed for failure to state a claim. Defendant
Jackson is dismissed.
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, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
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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.
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
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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
not begin until Defense counsel has filed an appearance and the
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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)
Within 10 days of receiving from Defendants' counsel an
authorization to release medical records, Plaintiff is directed to sign
and return the authorization to Defendants' counsel.
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12)
The clerk is directed to enter the standard order
granting Plaintiff's in forma pauperis petition and assessing an
initial partial filing fee, if not already done, and to attempt
service on Defendants pursuant to the standard procedures.
13)
The clerk is directed to enter the standard qualified
protective order pursuant to the Health Insurance Portability
and Accountability Act.
14)
The clerk is directed to terminate Defendant
Jackson.
ENTERED: June 23, 2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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