Rankin v. Baker et al
SECOND MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 10/11/2016. IT IS ORDERED: Plaintiff's motion for leave to file an amended complaint is granted (8). 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. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. (Rule 16 Deadline 12/12/2016.) See full written Opinion. (VH, ilcd)
Tuesday, 11 October, 2016 10:02:47 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
DR. BAKER, JEFF KORTE, and,
WEXFORD HEALTH SOURCES,
SECOND MERIT REVIEW OPINION
Plaintiff’s first complaint was dismissed, with leave to replead.
(6/10/16 Merit Review Opinion.) The Court assumes familiarity
with that opinion. Plaintiff’s amended complaint is now before the
Court for a merit review.
Plaintiff alleges that he was being treated with medications in
the Stateville Correctional Center for three medical conditions: a
“painful dermatological issue that causes blisters, nodules and
lesions to form on his head”; knee pain from a prior surgery which
causes Plaintiff to limp; and allergies and sinus problems.
(Amended Compl. para 9.) Plaintiff was transferred to the Western
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Illinois Correctional Center in February 2015. Plaintiff told the
intake person about his conditions, and the intake person assured
Plaintiff that Dr. Baker would see Plaintiff in a few days. However,
Plaintiff did not see Dr. Baker until the next month at the
hypertension clinic. At the hypertension clinic, Dr. Baker refused
to treat Plaintiff for his conditions other than hypertension, telling
Plaintiff to file health care requests, even though Plaintiff told Dr.
Baker that Plaintiff had already tried three times to file health care
requests. Over the next six months Plaintiff repeatedly filed health
care requests and wrote to Dr. Baker and Warden Korte for medical
attention to no avail. During this time Plaintiff experienced
“excruciating pain” in his knee and head, “sneezing and coughing
up blood,” and painful blisters on his head that ruptured, oozing
pus and blood. (Am. Compl. paras. 9, 35.) In late September or
early October 2015, Plaintiff was seen by medical staff and provided
his previous medications.
At the notice pleading stage, Plaintiff states a plausible Eighth
Amendment claim for deliberate indifference to his serious medical
needs. A significant delay in providing necessary medical treatment
can arise to deliberate indifference if the delay is unjustified and
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causes unnecessary pain and suffering. Gil v. Reed, 381 F.3d 649
(7th Cir. 2004)(summary judgment reversed where jury could find
delay in treatment caused "many more hours of needless suffering
for no reason"). Accordingly, this case will proceed pursuant to the
IT IS ORDERED:
Plaintiff’s motion for leave to file an amended complaint
is granted (8).
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. 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.
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.
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.
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.
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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.
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
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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.
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.
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
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).
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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.
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.
FOR THE COURT:
__s/James E. Shadid______
JAMES E. SHADID
UNITED STATES DISTRICT JUDGE
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