Opinion
CASE NUMBER 11 C 4454
08-10-2011
Jamal Smith (#2009-1004093) v. County of Cook, et al.
Name of Assigned Judge or Magistrate Judge
Sitting Judge if Other than Assigned Judge
POCKET ENTRY TEXT:
The plaintiff's renewed motion for leave to proceed in forma pauperis [#6] is granted. The court authorizes and orders Cook County Jail officials to deduct $10.00 from the plaintiff's account, and to continue making monthly deductions in accordance with this order. The clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago. Illinois 60608. However, summonses shall not issue at this time. Daniel P. Kiss, Meyer & Kiss, LLC, 53 West Jackson Boulevard, Suite 846, Chicago, Illinois 60604, (312) 765-0100 is appointed to represent the plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. III.). The complaint on file is dismissed without prejudice to appointed counsel filing an amended complaint within 60 days if the amended complaint comports with appointed counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure.
¦ [For further details see text below.] Docketing to mail notices.
STATEMENT
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, correctional officials and health care providers at the jail, violated the plaintiff s constitutional rights by acting with deliberate indifference to his medical and mental health needs, by using unjustified force against him, by subjecting him to punitive conditions of confinement, by bringing false criminal or disciplinary charges against him, and by otherwise retaliating against him and harassing him for his grievances.
The plaintiff's motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $ 10.00. The supervisor of inmate trust accounts at the Cook County Jail is authorized and ordered to collect, when funds exist, 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 trust fund officer at the plaintiff's place of confinement 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 collected from the plaintiff's trust fund account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 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 the case number assigned to this action. The Cook County inmate trust account office shall notify transferee authorities of any outstanding balance in the event the plaintiff is transferred from the jail to another correctional facility.
Under 28 U.S.C. § 1915A, the court is required to conduct a prompt threshold review of the complaint. Here, accepting the plaintiff's allegations as true, the court finds that the complaint articulates colorable federal causes of action.
Due to the serious nature of the plaintiff's allegations, the court hereby appoints Daniel P. Kiss, Meyer & Kiss, LLC, 53 West Jackson Boulevard, Suite 846, Chicago, Illinois 60604, (312) 765-0100 to represent the plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. 111.)-After investigation, appointed counsel should file an amended complaint within sixty days if such amendment comports with counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure. If counsel is unable to file an amended complaint, he should so inform the court. In drafting an amended complaint, counsel should bear in mind the proper joinder requirements discussed in George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).