Washington v. Harris et al

Filing 20

ORDER GRANTING 17 MOTION to Amend/Correct filed by Julius Washington. The Clerk of Court is DIRECTED to file Plaintiff's proposed amended complaint submitted on February 5, 2018 as his First Amended Complaint. The Clerk is DIRECTED to add CFFS Wilson and John Doe (Head of Maintenance) as Defendants. The Clerk is directed to effectuate service of process upon CFFS Wilson. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JULIUS WASHINGTON,
Plaintiff,
v.
WILLIAM HARRIS, et al.,
Defendants.

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Case No.17-979-SMY-RJD

ORDER
DALY, Magistrate Judge:
This matter is before the Court on Plaintiff’s Motion for Leave to File an Amended
Complaint (Doc. 17). Defendants did not file an objection. For the reasons set forth below, the
Motion is GRANTED.
Plaintiff, an inmate in the custody of the Illinois Department of Corrections (“IDOC”),
filed this lawsuit pursuant to 42 U.S.C. §1983 alleging his constitutional rights were violated while
he was incarcerated at Pinckneyville Correctional Center (“Pinckneyville”). Plaintiff is currently
proceeding on one claim:
Count 1:

Defendants Harris and Lashbrook subjected Plaintiff to unconstitutional
conditions of confinement in violation of the Eighth Amendment when
they failed to remedy the dangerous condition of the kitchen water grates
that caused Plaintiff’s injury.

Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading and that
leave to amend should be freely given "when justice so requires." The Seventh Circuit maintains
a liberal attitude toward the amendment of pleadings "so that cases may be decided on the merits
and not on the basis of technicalities." Stern v. U.S. Gypsum, Inc., 547 F.2d 1329, 1334 (7th Cir.
1977). The Circuit recognizes that "the complaint merely serves to put the defendant on notice
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and is to be freely amended or constructively amended as the case develops, as long as
amendments do not unfairly surprise or prejudice the defendant." Toth v. USX Corp., 883 F.2d
1297, 1298 (7th Cir. 1989); see also Winger v. Winger, 82 F.3d 140, 144 (7th Cir. 1996). A court
may also deny a party leave to amend if there is undue delay, dilatory motive or futility. Guise v.
BMW Mortgage, LLC, 377 F.3d 795, 801 (7th Cir. 2004).
Plaintiff seeks leave to amend his complaint to add two defendants to his Eighth
Amendment claim: John Doe, the “Head of Maintenance” at Pinckneyville and CFFS Wilson,
the acting Food Supervisor at Pinckneyville. The motion is timely filed and will not prejudice the
defendants. Accordingly, Plaintiff’s motion is granted.
Plaintiff will be allowed to proceed with his claim against the unknown Pinckneyville
Defendant John Doe (Head of Maintenance). However, this party must be identified with
particularity before service of the complaint can be made. Where a prisoner’s complaint states
specific allegations describing conduct of individual prison staff members sufficient to raise a
constitutional claim but the names of those defendants are not known, the prisoner should have the
opportunity to engage in limited discovery to ascertain the identity of those defendants.
Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 832 (7th Cir. 2009).
For the foregoing reasons, Plaintiff’s Motion for Leave to File an Amended Complaint
(Doc. 17) is GRANTED. The Clerk of Court is DIRECTED to file the Amended Complaint.
The Clerk of Court shall prepare for Defendant CFFS Wilson: (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 Complaint, and this Order to the
Defendant’s place of employment as identified by Plaintiff.

If this Defendant fails to sign and

return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the
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forms were sent, the Clerk shall take appropriate steps to effect formal service on him, and the
Court will require him to pay the full costs of formal service, to the extent authorized by the
Federal Rules of Civil Procedure.
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
First Amended Complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
IT IS SO ORDERED.
DATED: February 22, 2018
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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