Wallace v. Baldwin et al

Filing 59

ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Judge David R. Herndon on 12/7/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MAURICE L. WALLACE,
Plaintiff,
vs.

Case No. 17 cv–576 DRH

JOHN BALDWIN,
KIM BUTLER,
ROBERT MUELLER,
SANDRA FUNK,
ANITA BAZILE-SAWYER,
WEXFORD HEALTH SOURCES,
INC.,
JOHN DOES #1-21
Defendants.

MEMORANDUM AND ORDER
HERNDON, District Judge:
Plaintiff Maurice Wallace, an inmate who is currently incarcerated in Menard
Correctional Center, brings this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. In the Second Amended Complaint, Plaintiff alleges
that he has been unconstitutionally confined in segregation for 12 years. He asserts
claims against the defendants under the Eighth and Fourteenth Amendments, and

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the Americans with Disabilities Act (“ADA”), and Rehabilitation Act (“RA”). Plaintiff
seeks a declaratory judgment, monetary damages, and injunctive relief.
This case is now before the Court for preliminary review of the Second
Amended Complaint pursuant to 28 U.S.C. § 1915A. Under § 1915A, the Court is
required to screen prisoner complaints to filter out non-meritorious claims. See
28 U.S.C. § 1915A(a).

Any portion of a complaint that is legally frivolous,

malicious, fails to state a claim upon which relief may be granted, or asks for money
damages from a defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
Procedural History
Plaintiff filed suit on June 1, 2017. (Doc. 1). The Complaint was illegible,
and the Court struck it on June 2, 2017. (Doc. 4). Plaintiff filed a First Amended
Complaint on June 16, 2017. (Doc. 5). On July 5, 2017, the Court determined
that Plaintiff had three strikes pursuant to 28 U.S.C. § 1915(g) and that he was not
in danger of imminent harm, and so denied his request to proceed in forma
pauperis. (Doc. 10). The Seventh Circuit reversed, finding that Plaintiff did not
have three strikes and that his Amended Complaint established that his
circumstances placed him in danger of imminent harm. (Doc. 35). On August 1,
2018, the Court appointed counsel to assist Plaintiff. (Doc. 38). Counsel filed the
Second Amended Complaint on November 30, 2018. (Doc. 56).

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Discussion
The Second Amended Complaint alleges that Plaintiff has been held in
solitary confinement for 12 years, and that his placement there lacks rational
justification.

Plaintiff further alleges that, although the Illinois Department of

Corrections’ procedures specify that Plaintiff’s placement will receive review,
Plaintiff has been denied process or given sham approximations of process.
Plaintiff’s isolation in small cells, 23 hours a day, has caused mental and physical
injuries, resulting in permanent damage. Plaintiff alleges that the Defendants have
violated his rights pursuant to the Eighth and Fourteenth Amendments, as well as
the ADA and RA. (Doc. 56).
The Court finds that all of Plaintiff’s claims survive threshold review
pursuant to 28 U.S.C. § 1915A.

Disposition
IT IS HEREBY ORDERED that Counts 1-6 survive threshold review.
IT IS ORDERED that the Clerk of Court shall prepare for Defendants John
Baldwin, Kim Butler, Robert Mueller, Sandra Funk, Anita Bazile-Sawyer, and
Wexford Health Sources: (1) Form 5 (Notice of a Lawsuit and Request to Waive
Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk
is DIRECTED to mail these forms, a copy of the Second Amended Complaint, and
this Memorandum and Order to each Defendant’s place of employment as identified
by Plaintiff.

If a Defendant fails to sign and return the Waiver of Service of

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Summons (Form 6) to the Clerk within 30 days from the date the forms were sent,
the Clerk shall take appropriate steps to effect formal service on that Defendant,
and the Court will require that Defendant to pay the full costs of formal service, to
the extent authorized by the Federal Rules of Civil Procedure.
Service shall not be made on the Unknown (John Doe) Defendants until such
time as Plaintiff has identified them by name in a properly filed amended complaint.
Plaintiff is ADVISED that it is Plaintiff’s responsibility to provide the Court with the
names and service addresses for these individuals.
IT IS FURTHER ORDERED that, with respect to a Defendant who no longer
can be found at the work address provided by Plaintiff, the employer shall furnish
the Clerk with the Defendant’s current work address, or, if not known, the
Defendant’s last-known address. This information shall be used only for sending
the forms as directed above or for formally effecting service. Any documentation of
the address shall be retained only by the Clerk. Address information shall not be
maintained in the court file or disclosed by the Clerk.
Defendants are ORDERED to timely file an appropriate responsive pleading
to the Second Amended Complaint and shall not waive filing a reply pursuant to 42
U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to a United
States Magistrate Judge for further pre-trial proceedings.

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Further, this entire matter is REFERRED to a United States Magistrate
Judge for disposition, as contemplated by Local Rule 72.2(b)(3) and 28 U.S.C. §
636(c), should all the parties consent to such a referral.
IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff,
and the judgment includes the payment of costs under Section 1915, Plaintiff will
be required to pay the full amount of the costs, regardless of whether his application
to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(f)(2)(A).
IT IS SO ORDERED.

Judge Herndon
2018.12.07
14:54:24 -06'00'
U.S. District Judge

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