Kennado Taylor v. Matthews Kameron et al

Filing 17

WRITTEN Opinion entered by the Honorable John Z. Lee on 7/11/2012: The plaintiff's renewed motions for leave to proceed in forma pauperis (document nos. 12 , 14 , and 15 ) are granted. The initial partial filing fee is waived; however, t he court authorizes and orders the trust fund officer at the plaintiffs place of confinement to begin making monthly deductions in accordance with this order. The clerk shall send a copy of this order to the trust fund officer at the Pontiac Correc tional Center. Summonses shall not issue at this time. The plaintiff's motion for appointment of counsel # 4 is granted. The court hereby appoints Stephen J. Landes and Colin O'Donovan of Edwards, Wildman, Palmer, LLP, 225 West Wacker D rive, Suite 3000, Chicago, Illinois 60606-1229, [phone] to represent the plaintiff. The court thanks Messrs. Landes and O'Donovan for taking on this additional obligation. Summonses shall not issue at this time; counsel shall advise the court whether summonses shall issue in this matter, or whether counsel plans to file a consolidated amended complaint in Taylor v. Doe, Case No. 11 C 2016 (N.D. Ill.).Mailed notice (For further details see Written Opinion)(nf, )

Order Form (01/2005)

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

JOHN Z. LEE

CASE NUMBER

12 C 3430

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

7/11/12

Kennado Taylor (#M-25370) vs. Dr. Matthews Kameron, et al.

DOCKET ENTRY TEXT:

The plaintiff’s renewed motions for leave to proceed in forma pauperis [document nos. 12, 14, and 15] are
granted. The initial partial filing fee is waived; however, the court authorizes and orders the trust fund officer
at the plaintiff’s place of confinement to begin making monthly deductions in accordance with this order. The
clerk shall send a copy of this order to the trust fund officer at the Pontiac Correctional Center. Summonses shall
not issue at this time. The plaintiff’s motion for appointment of counsel [#4] is granted. The court hereby
appoints Stephen J. Landes and Colin O’Donovan of Edwards, Wildman, Palmer, LLP, 225 West Wacker Drive,
Suite 3000, Chicago, Illinois 60606-1229, [phone] to represent the plaintiff. The court thanks Messrs.
Landes and O’Donovan for taking on this additional obligation. Summonses shall not issue at this time; counsel
shall advise the court whether summonses shall issue in this matter, or whether counsel plans to file a
consolidated amended complaint in Taylor v. Doe, Case No. 11 C 2016 (N.D. Ill.).
O [For further details see text below.]

Docketing to mail notices.

STATEMENT
The plaintiff, currently an Illinois state prisoner, has brought this pro se civil rights action pursuant to 42
U.S.C. § 1983. The plaintiff claims that the defendants, correctional officers and health care providers at the
Cook County Jail, violated the plaintiff’s constitutional rights by using excessive force against him and by acting
with deliberate indifference to his medical needs. More specifically, the plaintiff alleges that he was maced for
no reason when he demanded psychiatric care, and that he received inadequate care for a resulting eye infection.
The plaintiff’s renewed motions for leave to proceed in forma pauperis are granted. Because the plaintiff
currently has a negative balance in his prison trust account, the initial partial filing fee is waived pursuant to 28
U.S.C. § 1915(b)(4). However, the plaintiff’s trust fund officer is directed to begin collecting monthly payments
from the plaintiff’s trust fund account in an amount equal to 20% of the preceding month’s income credited to
the account. See 28 U.S.C. § 1915(b)(2). Monthly payments 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. Id. All payments shall be sent to the
(CONTINUED)
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STATEMENT (continued)
Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor,
and shall clearly identify the plaintiff’s name and this case number. This payment obligation will follow the
plaintiff wherever he may be transferred.
Under 28 U.S.C. § 1915A, the court is required to conduct a prompt threshold review of the complaint.
Here, accepting the plaintiff’s allegations as true, the court finds that the plaintiff has articulated colorable federal
causes of action against the defendants. The Due Process Clause prohibits deliberate indifference to the serious
medical needs of a pretrial detainee. Grieveson v. Anderson, 538 F.3d 763, 779 (7th Cir. 2008); Chapman v.
Keltner, 241 F. 3d 842, 845 (7th Cir. 2001). The U.S. Court of Appeals for the Seventh Circuit has found that “the
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); see also Wellman v. Faulkner, 715 F.2d 269 (7th Cir. 1983); but
see Johnson v. Doughty, 433 F.3d 1001, 1017 (7th Cir. 2006) (inattention only to serious injury or signs of serious
injury amounts to a constitutional violation). Furthermore, unjustified force against a pretrial detainee violates the
inmate’s rights under the Fourteenth Amendment. See, e.g., Rice ex rel. Rice v. Correctional Medical Services,
675 F.3d 650, 667-68 (7th Cir. 2012). The plaintiff may therefore proceed on his claims.
However, summonses shall not issue at this time. Stephen J. Landes, plaintiff’s appointed counsel in his
three pending 2011 cases, has graciously agreed to take on the plaintiff’s latest two cases as well. Accordingly,
Stephen J. Landes, Edwards / Wildman, Palmer, LLP / 225 West Wacker Drive, Suite 3000 / Chicago, Illinois
60606-1229 / [phone] is appointed to represent the plaintiff. Counsel shall advise the court whether
summonses shall issue in this matter at this time, or whether counsel anticipates filing a consolidated amended
complaint in Taylor v. Doe, Case No. 11 C 2016 (N.D. Ill.). The court thanks Stephen Landes and Colin
O’Donovan for assuming this additional pro bono obligation.

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