Richmond v. Dart

Filing 4

WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 11/15/2012: Plaintiffs motion for leave to proceed in forma pauperis # 3 is granted. The Court authorizes and orders CookCounty Jail officials to deduct $3.40 from Plaintiffs accoun t and to continue making monthly deductions inaccordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust FundAccounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California , Chicago,Illinois 60608. However, summonses shall not issue at this time. On the Courts own motion, David A. Axelrod, David A. Axelrod & Associates, P.C., 20 South Clark Street, Suite 2200, Chicago, Illinois 60603, [phone] is appointed to re present Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). The complaint on file is dismissed without prejudice to appointed counsel filing an amended complaint within 60 days if the amended complaint comports with appointed counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure. [For further details see written opinion.] mailed notice (tg, )

Order Form (01/2005)

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

ROBERT M. DOW

CASE NUMBER

12 C 8774

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

11/15/2012

Rocky Richmond (#2011-0826078) vs. Tom Dart

DOCKET ENTRY TEXT:

Plaintiff’s motion for leave to proceed in forma pauperis [#3] is granted. The Court authorizes and orders Cook
County Jail officials to deduct $3.40 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. However, summonses shall not issue at this time. On the Court’s own motion, David A. Axelrod,
David A. Axelrod & Associates, P.C., 20 South Clark Street, Suite 2200, Chicago, Illinois 60603, [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 complaint on file is dismissed without prejudice to appointed counsel filing
an amended complaint within 60 days if the amended complaint comports with appointed counsel’s obligations
under Rule 11 of the Federal Rules of Civil Procedure.
O [For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff, a detainee 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. Plaintiff claims that correctional officials and health care
providers at the jail have violated Plaintiff’s constitutional rights by acting with deliberate indifference to his
medical needs. More specifically, Plaintiff alleges that he has received inadequate care and treatment for various
medical conditions, including a hernia, high blood pressure, back problems, arthritis, and chronic headaches.
Plaintiff’s motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1),
Plaintiff is assessed an initial partial filing fee of $3.40. 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 filing 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 trust fund account shall be forwarded to the Clerk of Court each time the amount
(CONTINUED)
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STATEMENT (continued)
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 assigned to this action. The Cook County inmate trust
account office shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred from
the jail to another correctional facility.
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint.
Here, accepting Plaintiff’s allegations as true, the Court finds that the complaint articulates a colorable federal
cause of action. 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); 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).
The fact that a prisoner received some medical treatment does not necessarily defeat his claim; deliberate
indifference to a serious medical need can be manifested by “blatantly inappropriate” treatment, Greeno v. Daley,
414 F.3d 645, 654 (7th Cir. 2005) (emphasis in original), or by “woefully inadequate action” as well as by no action
at all. Reed v. McBride, 178 F.3d 849, 854 (7th Cir. 1999). It should be noted that neither medical malpractice
nor a mere disagreement with a doctor’s medical judgment amounts to deliberate indifference. Berry v. Peterman,
604 F.3d 435, 441 (7th Cir. 2010); Estelle, 429 U.S. at 106; Greeno, 414 F.3d at 653. Nevertheless, Plaintiff’s
allegations of deliberate indifference state an arguable claim against prison employees.
However, the complaint on file does not name a proper Defendant. Plaintiff has alleged no facts suggesting
the direct, personal involvement of the only named Defendant, Sheriff Tom Dart. See J.H. ex rel. Higgin v.
Johnson, 346 F.3d 788, 793 (7th Cir. 2003). Section 1983 creates a cause of action based on personal liability and
predicated upon fault; thus, “to be liable under § 1983, an individual defendant must have caused or participated
in a constitutional deprivation.” Pepper v. Village of Oak Park, 430 F.3d 809, 810 (7th Cir. 2005) (citations
omitted). The doctrine of respondeat superior (blanket supervisory liability) does not apply to actions filed under
42 U.S.C. § 1983. See, e.g., Kinslow v. Pullara, 538 F.3d 687, 692 (7th Cir. 2008).
Due to the serious nature of Plaintiff’s allegations, as well as his apparent inability to draft an acceptable
complaint, the Court hereby appoints David A. Axelrod, David A. Axelrod & Associates, P.C., 20 South Clark
Street, Suite 2200, Chicago, Illinois 60603, [phone] to represent Plaintiff in accordance with counsel’s trial
bar obligations under the District Court’s Local Rule 83.37 (N.D. Ill.). After investigation, appointed counsel
should file an amended complaint within sixty days if such amendment comports with counsel’s obligations under
Rule 11 of the Federal Rules of Civil Procedure. If counsel is unable to file an amended complaint, he should so
inform the Court.

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