Ibikounle v. Genesis Hospital et al
Filing
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ORDER entered by Judge Sara Darrow on May 3, 2013. For the reasons stated herein, Plaintiff's 6 amended complaint is DISMISSED without prejudice. Plaintiff has until May 24, 2013, to file a second amended complaint.(MTS, ilcd)
E-FILED
Friday, 03 May, 2013 03:15:08 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
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Plaintiff,
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v.
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GENESIS HOSPITAL; UNITED STATES
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OF AMERICA; UNITED STATES
DISTRICT COURT, CENTRAL DISTRICT; )
ROCK ISLAND COUNTY; STATE OF
ILLINOIS; UNITED STATES SUPREME
COURT; DR. ANIS AHMAD; TRINITY
HOSPICE; TRINITY MEDICAL
TERRACE PARK; DR. TOYOSIS
OLUTADE
AMINATA IBIKOUNLE,
Case No. 4:13-cv-4030-SLD-JAG
Defendants.
ORDER
On March 28, 2013, Plaintiff Aminata Ibikounle filed a pro se complaint, moved to
proceed in forma pauperis, and moved the Court to appoint counsel. See ECF Nos. 1-3. She
alleges that she is terminally ill and that she wishes to have the right to die at home. The Court
denied her motions and then dismissed her complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
ECF No. 4. Plaintiff has now filed an amended complaint that is basically identical to her
original complaint. Compare Complaint, ECF No. 1 with Amended Complaint, ECF No. 4. The
Court previously explained that it is unable to determine the nature of Plaintiff’s claims against
each Defendant. That remains the case with her amended complaint.
DISCUSSION
The Court may screen complaints prior to service on the defendants and dismiss
complaints that fail to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii); Rowe v. Shake, 196 F.3d
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778, 783 (7th Cir. 1999). Plaintiff’s case cannot proceed because she fails to state a claim on
which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff must allege specific
facts that show a plausible cause of action against each named defendant. For example, the
Court cannot determine what plausible cause of action Plaintiff has against this Court or the
Supreme Court.
Any cause of action Plaintiff might assert against either Court is almost
certainly barred by the doctrine of judicial immunity. See Killinger v. Johnson, 389 F.3d 765,
770-71 (7th Cir. 2004). At this time, it does not look like this Court or the Supreme Court could
be proper defendants.
Because Plaintiff sued the Country, the State and the County, it is further unclear whether
Plaintiff is challenging a Federal law, an Illinois State law or a Rock Island ordinance. If
Plaintiff wishes to challenge a statute or ordinance as unconstitutional, she should at least
identify the allegedly unconstitutional statute or ordinance, identify which provision(s) of which
Constitution the statute or ordinance violates, and allege specific facts that demonstrate she has
suffered an injury as a result of the statute or ordinance and that the remedy she seeks would
redress the injury. If Plaintiff is not challenging the constitutionality of a statute or ordinance, it
is unlikely that the United States, the State of Illinois, and Rock Island County are proper
defendants in this action.
Whether Plaintiff is claiming that private parties and/or corporations violated her rights is
also unclear. The Court is unable to determine a plausible cause of action against the named
doctors, the hospital, the hospice or the medical terrace park at least because the relationship of
those people and entities to the Plaintiff is not explained.1 If Plaintiff wishes to sue any of these
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Plaintiff’s amended complaint does attach some paperwork suggesting that Dr. Anis Ahmad
prescribed Plaintiff some treatment and that Plaintiff was seen by the Trinity Bettendorf
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named defendants, she must allege specifics facts showing how each of them harmed her.
Plaintiff should also indicate if she alleges that any of the defendants are vicariously liable for
the actions of their employees or agents, making sure to identify which employee or agent
harmed Plaintiff. If a person has not done something to harm Plaintiff, then that person is not
likely a proper defendant in this action. If a corporation has not harmed Plaintiff and cannot be
held vicariously liable for the actions that its employees or agents took against Plaintiff, then that
corporation is not likely a proper defendant in this action.
For the reasons stated above, the Court hereby DISMISSES Plaintiff’s amended
complaint. The Court, however, grants Plaintiff permission to file a second amended complaint.
Plaintiff does not have to include all of the defendants listed in her amended complaint in her
second amended complaint. Because Plaintiff is proceeding pro se and because her medical
condition makes this action time-sensitive, the Court has provided more guidance than usual to
Plaintiff in this order. But this order is not to be taken as legal advice; if Plaintiff chooses to file
a second amended complaint and believes that she can allege facts sufficient to state a plausible
claim against any or all of the currently-named defendants, she is free to do so. Plaintiff has until
May 24, 2013, to file a second amended complaint or this case may be dismissed.
CONCLUSION
For the reasons stated herein, Plaintiff’s amended complaint, ECF No. 6, is DISMISSED
without prejudice. Plaintiff has until May 24, 2013, to file a second amended complaint.
Entered this 3rd day of May, 2013.
s/ Sara Darrow
SARA DARROW
UNITED STATES DISTRICT JUDGE
Emergency Department. But what actions the Doctor or Trinity did or did not take against
Plaintiff is unknown.
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