Maxwell v. Caskey et al
Filing
10
MERIT REVIEW OPINION (See Written Opinion): Defendants Sward, Statam, Meservey, and Witherspoon are dismissed because Plaintiff did not intend to name them as Defendants. The clerk is directed to terminate said Defendants. A status conference is set for August 11, 2014 at 1:30 p.m.. Plaintiff shall appear by video conference. Defense counsel may appear by phone or in person. Entered by Judge Sue E. Myerscough on 6/02/2014. (VM, ilcd)
E-FILED
Monday, 02 June, 2014 09:33:20 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
JEREMY MAXWELL,
Plaintiff,
v.
HERBERT T. CASKEY,
et al.,
Defendants.
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14-CV-3080
MERIT REVIEW OPINION
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
state a claim, even if part of the filing fee has been paid. 28 U.S.C.
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§ 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, 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).
ALLEGATIONS
Plaintiff is civilly detained in the Rushville Treatment and
Detention Center pursuant to the Illinois Sexually Violent Persons
Commitment Act, 725 ILCS 207/1, et seq. He alleges that he is
learning disabled and suffers from panic attacks, a seizure disorder,
and post-traumatic stress disorder.
The therapy provided at the Center is allegedly based primarily
on group therapy, which Plaintiff cannot tolerate because of his
problems with anxiety and panic attacks. Others in the group
berate and threaten Plaintiff, to the point that Plaintiff has vomited
after a therapy session and had a panic attack during another.
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Plaintiff has allegedly been recommended to have one-on-one
therapy due to Plaintiff's learning disabilities and emotional issues,
but that has not been provided. The therapists leading the group
therapy have accused Plaintiff of faking his difficulties.
ANALYSIS
Plaintiff is entitled to humane conditions of confinement and to
adequate treatment for his serious mental disorder, as determined
by an appropriate professional exercising professional judgment.
See Youngberg v. Romeo, 457 U.S. 307, 323 (1982)(decisions by
professionals working at mental health institution are afforded
deference and violate the Constitution only if professional judgment
not exercised). Plaintiff is not entitled to dictate the treatment he
receives. Plaintiff's constitutional rights are violated only if the
treatment decisions are a "substantial departure from accepted
professional judgment." Sain v. Wood, 512 F.3d 886, 894-95 (7th
Cir. 2009).
Plaintiff's allegations allow a plausible inference that the
treatment being offered to Plaintiff is outside the range of accepted
professional judgment. Plaintiff is allegedly unable to cope with the
group therapy environment, which effectively means that he
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receives no therapy at all. Additionally, Plaintiff may also state a
claim for deliberate indifference to his serious mental health needs
regarding his anxiety disorder and panic attacks.
Some of Plaintiff's claims may be barred by the two-year
statute of limitations, but that determination should await input
from Defendants.
Plaintiff has clarified that he intended to name Kirk
Witherspoon, Deborah Messrey, Wayne Statam, and Carolyn Sward
as witnesses in support of his claim, not as Defendants.
Accordingly, these persons will be dismissed.
IT IS ORDERED:
1.
Plaintiff's petition to proceed in forma pauperis is granted
(2). Pursuant to a review of the Complaint, the Court finds that
Plaintiff states a claim for deliberate indifference to his need for
treatment for his mental disorders. 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.
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2.
An order assessing a partial filing fee will enter separately.
Failure to pay the filing fee will result in dismissal of this case,
without prejudice.
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
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 sending
each Defendant a waiver of service. Defendants have 60 days from
the date the waiver of service 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 counsel has appeared for
Defendants, the Court will enter a scheduling order setting
deadlines for discovery and dispositive motions.
5.
With respect to a Defendant who no longer works at the
address provided by Plaintiff, the entity for whom that Defendant
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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 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.
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.
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8.
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.
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 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).
11. The Clerk is directed to enter the standard qualified
protective order pursuant to the Health Insurance Portability and
Accountability Act.
12. Defendants Sward, Statam, Meservey, and Witherspoon
are dismissed because Plaintiff did not intend to name them as
Defendants. The clerk is directed to terminate said Defendants.
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13. The Clerk is directed to attempt service on Defendants
pursuant to the standard procedures.
14. The clerk is directed to assess a partial filing fee after
receiving Plaintiff's trust fund ledgers.
15. Plaintiff's motions to correct the Defendants' names are
denied as moot (6, 7).
16. Plaintiff's motion to request counsel is denied (3) with leave
to renew after Plaintiff demonstrates that he has tried to find
counsel on his own by writing to lawyers and law firms.
17. A status conference is set for August 11, 2014 at 1:30 p.m..
Plaintiff shall appear by video conference. Defense counsel may
appear by phone or in person. At that time, Plaintiff may orally
renew his motion for counsel. The clerk is directed to issue a video
writ to secure Plaintiff's presence at the conference.
ENTERED: June 2, 2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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