Brown v. Liberty Healthcare Corporation et al
Filing
6
OPINION entered by Chief Judge James E. Shadid on 3/27/2017. IT IS THEREFORE ORDERED: Plaintiff's petition to proceed in forma pauperis is granted. 3 . Pursuant to a review of the Complaint, the Court finds that Plaintiff alleges the named Defen dants violated his Due Process rights by failing to provide constitutionally sufficient mental health treatment during his confinement with IDHS. 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. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 11. The Clerk is directed to attempt service on Defendants pursuant to the standard procedures. SEE FULL WRITTEN OPINION. (JS, ilcd)
E-FILED
Monday, 27 March, 2017 10:14:45 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
EUGENE BROWN,
Plaintiff,
v.
LIBERTY HEALTHCARE
CORPORATION. et.al.,
Defendants.
)
)
)
)
)
)
)
)
16-CV-4234
OPINION
Plaintiff, proceeding pro se and detained in the Rushville Treatment and
Detention Center, seeks leave to proceed in forma pauperis.[3]
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. § 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).
The Plaintiff alleges various Rushville Defendants violated his Fourteenth
Amendment Due Process rights by failing to provide constitutionally sufficient mental
health treatment to Plaintiff during his detention at the Illinois Department of Human
Services’ Treatment and Detention Facility. See Hughes v Dimas,837 F.3d 807 (7th Cir.
2016).
IT IS THEREFORE ORDERED:
1.
Plaintiff's petition to proceed in forma pauperis is granted.[3]. Pursuant to
a review of the Complaint, the Court finds that Plaintiff alleges the named Defendants
violated his Due Process rights by failing to provide constitutionally sufficient mental
health treatment during his confinement with IDHS. 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 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 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.
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 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.
6.
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.
7.
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.
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 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).
10.
The Clerk is directed to enter the standard qualified protective order
pursuant to the Health Insurance Portability and Accountability Act.
11.
The Clerk is directed to attempt service on Defendants pursuant to the
standard procedures.
Entered this 27th day of March, 2017.
s/ James E. Shadid
_________________________________________
JAMES E. SHADID
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?