Mayweather-Brown v. Carter et al

Filing 4

OPINION AND ORDER re 1 PRO SE COMPLAINT filed by Plaintiff Quintin Mayweather-Brown. Plaintiff GRANTED leave to proceed against Defendant Superintendent Severe as outlined in Order. All other claims are DISMISSED WITHOUT PREJUDICE. All other Defend ants are DISMISSED. Clerk and United States Marshal's Service DIRECTED to issue and serve process on Superintendent Severe with a copy of this Order and Complaint as required by 28 U.S.C. § 1915(d). Superintendent Severe ORDERED to respond as outlined in Order. Superintendent Severe to file the declaration of a psychiatrist (as described in this Order) by 6/8/2017. Signed by Judge Jon E DeGuilio on 5/17/17. (Copy mailed to pro se party; USMS).(cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
QUINTIN J. MAYWEATHER-BROWN,
Plaintiff,
v.
SUPERINTENDENT SEVERE,
Defendant.

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Cause No. 3:17-CV-376 JD

OPINION AND ORDER
Quintin J. Mayweather-Brown, a pro se prisoner, is barred1 from proceeding in forma
pauperis by 28 U.S.C. § 1915(g) except on claims alleging that he ‘is under imminent danger of
serious physical injury.’” Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). In his
complaint, he alleges that he is seriously mentally ill. He alleges that he has attempted suicide by
banging his head on the wall, cutting himself, and tying things around his neck. He alleges that
prison officials have done nothing to stop him and that he is not receiving mental health treatment.
These allegations satisfy the “imminent danger standard” and he will be granted leave to proceed
in forma pauperis. He will proceed in this case on a claim for injunctive relief requiring prison
staff to intervene to prevent him from killing himself and to provide him with mental health
treatment. To the extent that he is also attempting to bring any other claims in this case, they will
be dismissed without prejudice. If he wants to pursue any such claims, he must file a separate
lawsuit and pre-pay the $400.00 filing fee for the other case.

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See Mayweather-Brown v. Elkhart Co. Sheriffs Dept., 3:17-cv-178 (N.D. Ind. filed February 27, 2017),
ECF No. 3 entered March 6, 2017.

Mayweather-Brown names four defendants, but Superintendent Severe, in his official
capacity, is the only defendant necessary for his injunctive relief claim. Therefore all other
defendants will be dismissed.
Finally, though Mayweather-Brown does not ask for preliminary injunctive relief, given
that he is proceeding pro se and has met the “imminent danger standard,” the court will sua sponte
order Superintendent Severe to have Mayweather-Brown examined by a psychiatrist in response
to this order. The psychiatrist needs to prepare a declaration describing the examination and
evaluating Mayweather-Brown’s physical and mental health. The psychiatrist needs to provide an
opinion as to whether he is a danger to himself and recommend a course of treatment. It is not
necessary to attach medical records – the court needs a narrative description of his history,
condition, and recommended treatment. Additionally, the declaration may include any additional,
relevant information necessary for the court to consider.
For these reasons, the court:
(1) GRANTS Quintin J. Mayweather-Brown leave to proceed against Superintendent
Severe, in his official capacity, for injunctive relief requiring prison staff to intervene to prevent
Mayweather-Brown from killing himself and to provide Mayweather-Brown with mental health
treatment;
(2) DISMISSES all other claims WITHOUT PREJUDICE;
(3) DISMISSES all other defendants;
(4) DIRECTS the clerk and the United States Marshals Service to issue and serve process
on Superintendent Severe with a copy of this order and the complaint as required by 28 U.S.C. §
1915(d);

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(5) ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Superintendent Severe respond,
as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the
claim for which the plaintiff has been granted leave to proceed in this screening order; and
(6) ORDERS Superintendent Severe to file the declaration of a psychiatrist (as described
in this order) by June 8, 2017.
SO ORDERED.
ENTERED: May 17, 2017

/s/ JON E. DEGUILIO
Judge
United States District Judge

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