Yankaway v. Kane County Adult Justice Center, etc. et al

Filing 6

WRITTEN Opinion entered by the Honorable John A. Nordberg on 6/4/2013: Plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. [ 4 ]), is granted. The Court orders the trust fund officer at the plaintiff's place of incarcer ation to deduct $1.00 from the plaintiff's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. The clerk shall send a copy of this order to t he trust fund officer at the Pinckneyville Correctional Center. The Clerk is instructed to terminate defendant Kane County Adult Justice Center and add as defendants Kane County Correctional Officer Gulanczyk and Kane County Correctional Officer S alsburry. The Clerk shall issue summonses for service on defendants Gulanczyk and Salsburry and send 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 defendants Gulanczyk and Salsburry. Plaintiff's motion for attorney representation (Dkt. No. [ 3 )], is denied. (For further detail see Written Opinion). Mailed notice. (et, )

Order Form (01/2005)

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

John A. Nordberg

CASE NUMBER

13 C 2746

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

June 4, 2013

Roosevelt T. Yankaway (M24138) vs. Kane County Adult Justice Center

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. [4]), is granted. The Court
orders the trust fund officer at the plaintiff’s place of incarceration to deduct $1.00 from the
plaintiff’s account for payment to the Clerk of Court as an initial partial filing fee, and to
continue making monthly deductions in accordance with this order. The clerk shall send a
copy of this order to the trust fund officer at the Pinckneyville Correctional Center. The Clerk
is instructed to terminate defendant Kane County Adult Justice Center and add as defendants
Kane County Correctional Officer Gulanczyk and Kane County Correctional Officer Salsburry.
The Clerk shall issue summonses for service on defendants Gulanczyk and Salsburry and send
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
defendants Gulanczyk and Salsburry. Plaintiff’s motion for attorney representation (Dkt. No.
[3)], is denied.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pro se plaintiff Roosevelt T. Yankaway, an Illinois Department of Corrections inmate,
brings suit pursuant to 42 U.S.C. § 1983. Pending before the Court are plaintiff’s motion for
leave to proceed in forma pauperis (Dkt. No. 4), complaint for an initial review pursuant to 28
U.S.C. § 1915A, (Dkt. No. 1), and motion for attorney representation. (Dkt. No. 3).
The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 4), is granted.
Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $1.00.
The trust fund officer at the plaintiff’s place of incarceration is authorized and ordered to
collect 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 plaintiff’s trust fund officer 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 shall
be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the
full $400 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 this case number. This payment obligation will follow
the plaintiff wherever he may be transferred.

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STATEMENT
Plaintiff alleges that Kane County jail correctional officers Gulanczyk and Salsburry
responded to a call of a flood in plaintiff’s cell on December 3, 2012 at 5:30 p.m. It was a false
alarm, there was no flood. Gulanczyk and Salsburry wrongfully relocated plaintiff to
segregation. They used improper force while bringing plaintiff to segregation causing him
injuries. Plaintiff did not receive medical treatment for his injuries.
Plaintiff may proceed with claims against Gulanczyk and Salsburry for wrongfully
placing him in segregation without proper process, Higgs v. Carver, 286 F.3d 437, 438 (7th Cir.
2002), the improper use of force in a jail setting, Forrest v. Prine, 620 F.3d 739, 744 (7th Cir.
2010), and deliberate indifferent to his objectively serious medical needs. Holloway v.
Delaware County Sheriff, 700 F.3d 1063, 1072 (7th Cir. 2012). Defendant Kane County Adult
Justice Center is dismissed because it is not a proper defendant. Smith v. Knox County Jail,
666 F.3d 1037, 1040 (7th Cir. 2012) (per curiam).
The Clerk is instructed to terminate defendant Kane County Adult Justice Center and
add as defendants Kane County Correctional Officer Gulanczyk and Kane County Correctional
Officer Salsburry. The Clerk shall issue summonses for service on defendants Gulanczyk and
Salsburry and send 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 defendants Gulanczyk and Salsburry. Any service forms necessary for
plaintiff to complete will be sent by the Marshal as appropriate to serve defendant with
process. The U.S. Marshal is directed to make all reasonable efforts to serve all defendants.
With respect to any former employees who no longer can be found at the work address
provided by plaintiff, the Kane County Sheriff’s Department / Kane County Adult Justice
Center, shall furnish the Marshal with defendant’s last-known address for their respective
employees. 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. Plaintiff is to provide the U.S. Marshals Service with a copy of the complaint
and a proper form for request of waiver pursuant to Federal Rule of Civil Procedure 4(d)(1).
The U.S. Marshals Service is requested to mail the complaint and appropriate papers for
waiver of service by first-class mail to the named defendant pursuant to Rule 4(d)(1)(G).
Plaintiff is instructed to file all future papers concerning this action with the Clerk of
Court in care of the Prisoner Correspondent. Plaintiff must provide the Court with the
original plus a complete Judge’s copy, including any exhibits, of every document filed. In
addition, Plaintiff must send an exact copy of any Court filing to defendant [or to defense
counsel, once an attorney has entered an appearance on behalf of 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
plaintiff.
Plaintiff’s motion for attorney representation (Dkt. No. 3), is denied. This is a routine
conditions of confinement case, a type of case that is often litigated by a pro se prisoner
plaintiff. Plaintiff has successfully stated a claim allowing his case to proceed past the
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STATEMENT
pleading stage and has participated in motion practice. Counsel is not required when the
complexity of the case is measured against plaintiff’s abilities to litigate his own case.
Romanelli v. Suliene, 615 F.3d 847, 851-52 (7th Cir. 2010) (citing Pruitt v. Mote, 503 F.3d 647,
654-55 (7th Cir. 2007) (en banc)).

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