Hill v. Philips
Filing
4
WRITTEN Opinion entered by the Honorable Ronald A. Guzman on 1/10/2013: 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 $30.00 from the p laintiff's account, and to continue making monthly deductions in accordance with this order. The clerk is directed to: (1) 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; (2) issue summons for service on the defendant by the U.S. Marshal; and (3) mail the plaintiff a magistrate judge consent form and filing instructions along with a copy of this order. [For further details see written opinion.] Mailed notice.(mr, )
Order Form (01/2005)
United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge
RONALD A. GUZMAN
CASE NUMBER
12 C 9404
CASE
TITLE
Sitting Judge if Other
than Assigned Judge
DATE
1/10/2013
Kenneth Hill (#2011-0625168) vs. Officer Phillips
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 $30.00 from the plaintiff’s account, and to continue making monthly
deductions in accordance with this order. The clerk is directed to: (1) 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; (2) issue summons for service on the defendant by the U.S. Marshal; and (3)
mail 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 defendant, a correctional
officer at the jail, violated the plaintiff’s constitutional rights by failing to protect him from an attack by a fellow
inmate. More specifically, the plaintiff contends that the defendant stood by and watched without intervening
as the plaintiff’s assailant repeatedly stabbed him.
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 $30.00. 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
(CONTINUED)
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STATEMENT (continued)
Floor, and shall clearly identify the 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 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 a colorable cause of action under the Civil Rights Act. Jail officials have a duty to
protect inmates from violent assaults by other inmates. Rice ex rel. Rice v. Correctional Medical Services, 675 F.3d
650, 669 (7th Cir. 2012) (quoting Farmer v. Brennan, 511 U.S. 825, 833 (1994)). It should nevertheless be noted
that correctional officers are not required to put themselves at risk by breaking up a fight between inmates armed
with weapons. Peate v. McCann, 294 F.3d 879, 883 (7th Cir. 2002) (citing MacKay v. Farnsworth, 48 F.3d 491,
493 (10th Cir. 1995) (failing to intervene between inmates fighting with weapons does not constitute deliberate
indifference); Arnold v. Jones, 891 F.2d 1370, 1373 (8th Cir. 1989) (if intervening in a prison fight could cause
serious injury, guards have no duty to do so as a matter of law). While a more fully developed record may establish
that the plaintiff has no viable constitutional claim, the defendant must respond to the allegations in the complaint.
The clerk shall issue summonses for service of the complaint on the defendant. 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 defendant. Any service forms necessary for
the plaintiff to complete will be sent by the Marshal as appropriate to serve the defendant with process. The U.S.
Marshal is directed to make all reasonable efforts to serve the defendant. If Officer Philips 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 defendant 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 defendant [or to defense counsel, once an attorney has entered an appearance on behalf of the
defendant]. 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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