Montjoy v. Gallardo et al

Filing 4

WRITTEN Opinion entered by the Honorable Marvin E. Aspen on 4/2/2013: Plaintiff's motion for leave to proceed in forma pauperis 3 is granted. The Court authorizes and orders Cook County Jail officials to deduct $17.83 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, IL 60608. Clerk is also directed to: (1) issue summonses for service of the complaint on Defendants, (2) attach a Magistrate Judge Consent Form to the summonses for Defendants, and (3) send Plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. (For further details see written opinion.) Mailed notice.(ym, )

Order Form (01/2005)

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

Marvin E. Aspen

CASE NUMBER

13 C 2421

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

April 2, 2013

DATE

Adam Montjoy (#2011-0324174) v. Gallardo, et al.

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 $17.83 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, IL 60608. Clerk is also directed
to: (1) issue summonses for service of the complaint on Defendants, (2) attach a Magistrate Judge Consent Form to the
summonses for Defendants, and (3) send Plaintiff a Magistrate Judge Consent Form and Instructions for Submitting
Documents along with a copy of this order.

O[For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff, Adam Montjoy, a pretrial detainee at Cook County Jail, brings this pro se civil rights action pursuant
to 42 U.S.C. § 1983.
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 $17.83. 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, Plaintiff’s trust fund officer 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 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 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.
Pursuant to 28 U.S.C. § 1915A, the Court is required to conduct a prompt initial review of prisoner complaints
against governmental entities or employees.
Plaintiff alleges that on September 12, 2012, he informed Correctional Officers Phillips and Tedesco that he
needed to be moved because he was receiving threats of being assaulted by other detainees. Phillips and Tedesco
ignored Plaintiff’s request to be moved and to speak with a sergeant. Later that day, Plaintiff was assaulted by two
detainees. At the time of the attack, Tedesco and Sergeant Gallardo saw Plaintiff being attacked and failed to
intervene. Other detainees also started to assault Plaintiff and Tedesco, Gallardo, and other correctional staff still
refused to intervene. Finally, Correctional Officers Meller, Tedesco and Sable along with Sergeants Gallardo and Ross
entered the area. However, the Defendants repeatedly sprayed Plaintiff with mace/pepper spray. Plaintiff eventually
was taken for medical care. The Defendants must respond to the complaint that they failed to protect him from harm,
failed to intervene, and used excessive force.
The United States Marshals Service is appointed to serve the Defendants. Any service forms necessary for
Plaintiff to complete will be sent by the Marshal as appropriate to serve Defendants with process. The U.S. Marshal is
directed to make all reasonable efforts to serve Defendants. With respect to any former Cook County Department of

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STATEMENT
Corrections employee or contractor who can no longer be found at the work address provided by Plaintiff, the Cook
County Department of Corrections shall furnish the Marshal with 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 Defendant
in the manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting personal service.
Plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of the
Prisoner Correspondent. Plaintiff must include the original and a judge’s copy of all filings. In addition, Plaintiff must
send an exact copy of any filing to Defendants or, if represented by counsel, to counsel for Defendants. Plaintiff must
include on the original filing a certificate of service stating to whom exact copies were mailed and the date of mailing.
Plaintiff must also insure all pleadings, written motions, and other papers submitted to the Court are signed pursuant to
Fed. R. Civ. P. 11(a). Any paper that is sent directly to the judge or otherwise fails to comply with these instructions
may be disregarded by the Court or returned to Plaintiff.

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