_Qsder a (012005)

United States District Court, Northern District of Illinois TH

2D
Name of Assigned Judge John W. Darrah Sitting Judge if Other of } /
or Magistrate Judge than Assigned Judge
CASE NUMBER 1107741 DATE fo - [-L [
CASE Ricky Mitchell (B-05548) v. Webster, et al.
TITLE
DOCKET ENTRY TEXT

Plaintiffs motion to proceed in forma pauperis [3] is granted. The Court authorizes the trust fund officer at Plaintiff's
place of confinement to deduct $17.98 from Plaintiff's account for payment to the Clerk, and to continue making
monthly deductions and payments in accordance with this order. The Clerk shall send a copy of this order to the trust
fund officer at Illinois River Correctional Center. The Clerk shall also: (1) issue summonses for Defendants Webster,
Rowley, McWilliams, Parish, and Fenney; (2) dismiss Defendant Aurora Police Department; and (3) send Plaintiffa
Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order.

Docketing to mail notices

W@[For further details see text below.]

STATEMENT

Plaintiff, Ricky Mitchell, a prisoner at Illinois River Correctional Center, brings this civil rights action
pursuant to 42 U.S.C. § 1983.

Plaintiff having shown that he is indigent, his motion for leave to proceed in forma pauperis is granted.
Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $17.98. The trust fund officer at
Plaintiff's place of incarceration is authorized and ordered to collect the partial filing fee from 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
Plaintiff's place of confinement is directed to collect monthly payments from 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 his
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 Plaintiff's name and this case
number. This payment obligation will follow Plaintiff in the event of this transfer to any other correctional facility.

Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt initial review of prisoner complaints.

Plaintiff alleges that the five-named Aurora Police Officers used excessive force on him on October 28, 2009.
Plaintiff names the five Aurora Police Officers and the Aurora Police Department as Defendants. The police officers
must respond to Plaintiff's complaint. However, Plaintiff has failed to state a claim against the Aurora Police
Department. Liability under a Section 1983 claim against the police department cannot be based upon a theory of
respondeat superior. See Perkins v. Lawson, 312 F.3d 872, 875 (7th Cir. 2002). Furthermore, Plaintiff has not alleged
that the alleged excessive force was a result of an official policy, custom or practice. See Monell v. Department of
Social Serv., 436 U.S. 658, 692 (1978) (a governmental entity is liable for damages under Section 1983 only if the
plaintiff can show that the alleged constitutional deprivation occurred as a result of an official policy, custom, or
practice). Accordingly, the Aurora Police Department is dismissed from this action.

The United States Marshals Service is appointed to serve Defendants Webster, Rowley, McWilliams, Parish,
and Fenney. Any service forms necessary for Plaintiff to complete w; Ment ie sent by the Marshal as appropriate to serve
Defendants with process. The U.S. Marshal is diggene@dial AiaKt SHre Onable efforts to serve Defendants. With
respect to any former employee who can no longer be naa at the work address provided by Plaintiff, the Aurora
Police Department shall furnish the Marshal with eae eee ‘eno address. The information shall be used only
for purposes of effectuating service [or for proof a serttouee arise] and any documentation of the

address shall be retained only by the Marshal. Address information sal not be maintained in the court file, nor

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ree

STATEMENT

disclosed by the Marshal. The Marshal is authorized to mail a request for waiver of service to Defendants in the
manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting personal service.

Plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of the
Prisoner Correspondent. Plaintiff must provide the Court with the original plus a complete judge’s copy, including any
exhibits, of every document filed. In addition, Plaintiff must send an exact copy of any court filing to Defendant [or to
defense counsel, once an attorney has entered an appearance on behalf of Defendant]. Every document filed with the
Court must include a certificate of service stating to whom exact copies were mailed and the date of mailing. Any
paper that is sent directly to the judge or that otherwise fails to comply with these instructions may be disregarded by
the Court or returned to Plaintiff.

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