James v. Kelner et al

Filing 6

WRITTEN Opinion entered by the Honorable Matthew F. Kennelly on 6/11/2012: Plaintiffs motion for leave to proceed in forma pauperis # 5 is granted. The Court authorizes and orders Cook County Jail officials to deduct $9.17 from Plaintiff 9;s account and to continue making monthly deductions in accordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. The Clerk is directed to issue summonses for service on the Defendants by the U.S. Marshal. Plaintiffs motion for appointment of counsel # 3 is granted. Donald D. Schwartz, Arnold and Kadjan, 203 North LaSall e Street, Suite 1650, Chicago, Illinois 60601, [phone] is appointed to represent Plaintiff in accordance with counsels trial bar obligations under the District Courts Local Rule 83.37 (N.D. Ill.). The case is set for a status hearing on August 13, 2012, at 9:30 a.m. Counsel is directed to appear. Mailed notice (For further detail see Written Opinion) (nf, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Matthew F. Kennelly

CASE NUMBER

12 C 2820

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

June 11, 2012

Ned James (#2011-0609209) vs. David Kelner, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis [#5] is granted. The Court authorizes and orders Cook
County Jail officials to deduct $9.17 from Plaintiff’s account and to continue making monthly deductions in
accordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund
Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago,
Illinois 60608. The Clerk is directed to issue summonses for service on the Defendants by the U.S. Marshal.
Plaintiff’s motion for appointment of counsel [#3] is granted. Donald D. Schwartz, Arnold and Kadjan, 203
North LaSalle Street, Suite 1650, Chicago, Illinois 60601, [phone] is appointed to represent Plaintiff in
accordance with counsel’s trial bar obligations under the District Court’s Local Rule 83.37 (N.D. Ill.). The case
is set for a status hearing on August 13, 2012, at 9:30 a.m. Counsel is directed to appear.
O

Docketing to mail notices.

[For further details see text below.]

STATEMENT
Plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro
se lawsuit pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants, who are health care providers at the
jail, have acted with deliberate indifference to his serious mental health needs. Plaintiff alleges that he has been
denied psychiatric care and treatment even though he is experiencing “strange visions” and feeling suicidal.
The Court grants plaintiff’s motion to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(b)(1),
Plaintiff is assessed an initial partial filing fee of $9.17. The supervisor of inmate trust accounts at the Cook
County Jail is authorized and ordered to collect, when funds exist, the partial filing fee from plaintiff’s trust fund
account and pay it directly to the Clerk of Court. After payment of the initial partial fee, the trust fund officer at
plaintiff’s place of confinement is directed to collect monthly payments from plaintiff’s trust fund account in an
amount equal to 20% of the preceding month’s income credited to the account. Monthly payments collected from
plaintiff’s account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10, until
the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S.
Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly identify plaintiff’s name
and the case number for this action. The Cook County inmate trust account office shall notify transferee
authorities of any outstanding balance if plaintiff is transferred from the jail to another correctional facility.
The Court has reviewed the complaint as required by 28 U.S.C. § 1915A and concludes that it states a
colorable claim. Correctional officials and health care providers may not act with deliberate indifference to an
inmate’s serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104 (1976); Walker v. Benjamin, 293 F.3d 1030,
1037 (7th Cir. 2002). “[T]he need for a mental illness to be treated could certainly be considered a serious
medical need.” Sanville v. McCaughtry, 266 F.3d 724, 734 (7th Cir. 2001).
The Clerk shall issue summonses to the defendants, and the U.S. Marshals Service is appointed to serve
the defendants. The Marshal will send plaintiff any forms necessary for plaintiff to complete for purposes of
Ned James (#2011-0609209) vs. David Kelner, et al.

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STATEMENT
accomplishing service, and plaintiff must complete and return them to the Marshal. The Marshal is directed to
make all reasonable efforts to serve defendants. With respect to any former jail employee who can no longer be
found at the work address provided by plaintiff, the Cook County Department of Corrections shall furnish the
Marshal with the defendant’s last-known address. The information shall be used only for purposes of effectuating
service (or for proof of service, should a dispute arise) and any documentation of the address shall be retained
only by the Marshal. Address information shall not be maintained in the Court file, nor disclosed by the Marshal.
Before attempting personal service, the Marshal is authorized to mail the defendants requests for waiver of service
as prescribed by Fed. R. Civ. P. 4(d)(2).
Finally, in light of plaintiff’s mental health issues, the Court grants his motion to appoint counsel. Donald
D. Schwartz, Arnold and Kadjan, 203 North LaSalle Street, Suite 1650, Chicago, Illinois 60601, [phone],
is appointed to represent plaintiff in accordance with counsel’s trial bar obligations under the District Court’s
Local Rule 83.37 (N.D. Ill.).

Ned James (#2011-0609209) vs. David Kelner, et al.

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