Williams v. Law et al

Filing 6

MERIT REVIEW OPINION entered by Judge Michael M. Mihm on 11/20/14. 11)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 atte mpt 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 Warden is directed to cause to be p reserved all video recordings of the alleged incident on April 17, 2014. 14) The clerk is directed to send this order to the Warden of Western Illinois Correctional Center with paragraph 13 highlighted. The clerk is also directed to send a copy of the complaint to the Warden. Rule 16 Deadline 1/19/2015. (VP, ilcd)

E-FILED

Thursday, 20 November, 2014 11:50:31 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
DARRYL WILLIAMS,
Plaintiff,
v.
LIEUTENANT LAW AND
JOHN DOES 1-6,
Defendants.

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14-CV-3248

MERIT REVIEW OPINION
MICHAEL M. MIHM, U.S. District Judge.
Plaintiff, proceeding pro se and incarcerated in the Western
Illinois Correctional Center, seeks leave to proceed in forma
pauperis on claims of excessive force.
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

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plausible on its face.'" Alexander v. U.S., 721 F.3d 418, 422 (7th
Cir. 2013)(quoted cite omitted).
Plaintiff alleges that, on April 17, 2014, the prison’s tactical
unit conducted a routine shake down of Plaintiff’s wing, moving all
the inmates into the gym for about two hours. The inmates were
then escorted back to their housing units. As Plaintiff approached
the entrance to his housing unit, tactical unit members allegedly
yanked Plaintiff out of line by the head and neck, “rammed” him
into a gate, yanked his handcuffed arms upwards causing Plaintiff
to scream out in pain, poked Plaintiff with a baton, and then shoved
him into his cell. Plaintiff alleges that the attack was unprovoked,
that he had been complying with all orders, and that he never
received any disciplinary ticket. As a result of the excessive force,
Plaintiff suffered “excruciating back pain” and a severely swollen
hand which required a trip to the hospital for x-rays. Plaintiff filed
a grievance on May 7, 2014, but, as of the filing of his Complaint,
still had received no response.
Plaintiff clearly states a claim for excessive force under the
Eighth Amendment: force applied maliciously and sadistically for
the purpose of causing harm rather than for the purpose of
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restoring order. See Sanchez v. City of Chicago, 700 F.3d 919, 927
n. 3 (7th Cir. 2012). Plaintiff will need to identify the names of all
the members of the tactical team, which he should be able to do by
sending a discovery request to Defendant Law’s counsel after
Defendant Law’s counsel has filed an appearance on Defendant
Law’s behalf. At this point the case will proceed for service.
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 excessive force. 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)

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

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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
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.
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 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
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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.
6)

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
Court has entered a scheduling order, which will explain the
discovery process in more detail.
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7)

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.
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.
9)

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).
10)

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.
11)

The clerk is directed to enter the standard order

granting Plaintiff's in forma pauperis petition and assessing an

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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 Warden is directed to cause to be preserved all

video recordings of the alleged incident on April 17, 2014.
14)

The clerk is directed to send this order to the

Warden of Western Illinois Correctional Center with paragraph
13 highlighted. The clerk is also directed to send a copy of the
complaint to the Warden.
ENTERED: November 20, 2014.
FOR THE COURT:
Michael M. Mihm
MICHAEL M. MIHM
UNITED STATES DISTRICT JUDGE

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