McFadden v. Kubik et al

Filing 4

WRITTEN Opinion entered by the Honorable Joan B. Gottschall on 6/5/2012: The plaintiff's motion for leave to proceed in forma pauperis # 3 is granted. The court authorizes and orders Cook County Jail officials to deduct $55.67 from the plaintiffs 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, Divisio n V, 2700 S. California, Chicago, Illinois 60608. The clerk is directed to issue summonses for service on the defendants by the U.S. Marshal. The clerk is also directed to send the plaintiff a magistrate judge consent form and filing instructions along with a copy of this order. 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

JOAN B. GOTTSCHALL

CASE NUMBER

12 C 4110

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

June 5, 2012

Thomas McFadden (#2011-0823113) vs. Officer Kubik, et al.

DOCKET ENTRY TEXT:

The plaintiff’s motion for leave to proceed in forma pauperis [#3] is granted. The court authorizes and orders
Cook County Jail officials to deduct $55.67 from the 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. The clerk is also directed to send the plaintiff a magistrate judge consent form and filing instructions
along with a copy of this order.
O [For further details see text below.]

Docketing to mail notices.

STATEMENT
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this
pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, Chicago police
officers, violated the plaintiff’s constitutional rights by falsely arresting him and by planting evidence against
him solely on account of his race.
The plaintiff’s motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. §
1915(b)(1), the plaintiff is assessed an initial partial filing fee of $55.67. 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 the
plaintiff’s trust fund account and pay it directly to the Clerk of Court. After payment of the initial partial filing
fee, the trust fund officer at the plaintiff’s place of confinement is directed to collect 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.
Monthly payments collected from the plaintiff’s trust fund 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 the plaintiff’s name and the case number assigned to this action. The Cook
(CONTINUED)
mjm

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STATEMENT (continued)
County inmate trust account office shall notify transferee authorities of any outstanding balance in the event the
plaintiff is transferred from the jail to another correctional facility.
Under 28 U.S.C. § 1915A, the court is required to conduct a prompt initial review of prisoner complaints
against governmental entities or employees. Here, accepting the plaintiff’s factual allegations as true, the court
finds that the complaint states colorable causes of action under the Civil Rights Act. An arrest without probable
cause violates the arrestee’s Fourth Amendment rights. See, e.g., Mustafa v. City of Chicago, 442 F.3d 544, 547
(7th Cir. 2006). In addition, police officers may be sued under 42 U.S.C. § 1983 for having fabricated evidence
resulting in a state court conviction. See, e.g., Brokaw v. Weaver, 305 F.3d 660, 665 (7th Cir. 2002). Furthermore,
racial profiling, or selective enforcement of the law, is a violation of the Equal Protection Clause. See Sow v.
Fortville Police Dept., 636 F.3d 293, 303 (7th Cir. 2011) (citing Chavez v. Ill. State Police, 251 F.3d 612, 635 (7th
Cir. 2001). While a more fully developed record may belie the plaintiff’s claims, the defendants must respond to
the allegations in the complaint.
The clerk shall issue summonses for service of the complaint on the defendants. The clerk shall also send
the plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of
this order.
The United States Marshals Service is appointed to serve the defendants. Any service forms necessary for
the plaintiff to complete will be sent by the Marshal as appropriate to serve the defendants with process. The U.S.
Marshal is directed to make all reasonable efforts to serve the defendants. With respect to any former jail employee
who can no longer be found at the work address provided by the 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. The Marshal is authorized to mail a request for waiver of service to the defendants in
the manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting personal service.
The plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of
the Prisoner Correspondent. The plaintiff must provide the court with the original plus a complete judge’s copy,
including any exhibits, of every document filed. In addition, the plaintiff must send an exact copy of any court
filing to the defendants [or to defense counsel, once an attorney has entered an appearance on behalf of the
defendants]. Every document filed with the court must include a certificate of service stating to whom exact copies
were mailed and the date of mailing. Any paper that is sent directly to the judge or that otherwise fails to comply
with these instructions may be disregarded by the court or returned to the plaintiff.

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