Leflore v. Funk et al
Filing
7
MEMORANDUM Opinion and Order. Signed by the Honorable Milton I. Shadur on 5/19/2016. Mailed notice (lf, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
KEITH W. LEFLORE, SR.,
Plaintiff,
v.
DR. ARTHUR FUNK. et al.,
Defendants.
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Case No. 16 C 5193
MEMORANDUM ORDER
Keith LeFlore, Sr. ("LeFlore") has just used the Clerk's-Office-supplied form of
"Complaint of the Civil Rights Act, Title 42 Section 1983" ("Complaint') to file suit against
Dr. Arthur Funk and the Illinois Department of Corrections, charging Dr. Funk with (1) failing to
provide LeFlore last December (while he was in custody at the Stateville Correctional Center)
with necessary medical care for what LeFlore asserts was a stroke (a claimed Eighth Amendment
violation under Estelle v. Gamble, 429 U.S. 97(1976) and its progeny) and (2) having hit on
LeFlore physically (a claimed Fourth Amendment violation) when the doctor was supposed to be
taking care of those medical needs. LeFlore has accompanied his Complaint with two other
Clerk's-Office-supplied forms: an In Forma Pauperis Application ("Application") and a Motion
for Attorney Representation ("Motion").
To begin with, because LeFlore is no longer in custody, the special provisions of 28
U.S.C. ยง 1915 ("Section 1915") applicable to prisoner plaintiffs do not apply to this lawsuit.
And because the Application clearly reflects that LeFlore is unable to pay the filing fee or bear
the cost of legal representation on his own, the Application is granted and the case will go
forward.
As for the Motion, LeFlore has advanced a reasonably sufficient showing of having made
an effort to obtain counsel on his own, thus complying with our Court of Appeals' requirement
for such efforts before a designation of counsel from this District Court's trial bar to represent
him may be considered. Accordingly the Motion is also granted, and this Court has obtained the
name of the following trial bar member to represent LeFlore:
Dean B. Chalmers, Es q.
Chalmers and Nagel, P.C.
100 West Kinzie, Suite 250
Chicago, Illinois 60654
Phone: 312-346-0880
Fax: 312-836-0151
Email: dchalmers@chalmers-nagel.com.
As for the substance of LeFlore's claims, however, the Eleventh Amendment precludes
this federal court action against the Illinois Department of Corrections, and this Court sua sponte
dismisses it as a defendant. No view is expressed here as to the actual viability of LeFlore's
claims against Dr. Funk, as to which LeFlore's allegations must be treated as true for present
purposes.
Accordingly this Court is contemporaneously issuing its customary initial scheduling
order, and attorney Chalmers is expected in advance of the initial status hearing date (1) to
confer with LeFlore, (2) to arrange for the service of process by the United States Marshals
Service (see Section 1915(d)) and (3) to determine whether the case should proceed on the basis
of LeFlore's original Complaint or via an Amended Complaint.
__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: May 19, 2016
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