Order Form (01/2005) ‘

United States District Court, Northern District of Illinois i

Name of Assigned Jud; iting Judge it
intr Magistrate Judge Charles R. Norgle “than signed Judge
CASE NUMBER 12.€ 2553 pate| 6 —/—/2——
CASE Eugene Wright (#2010-1228082) vs. Tom Dart
TITLE
DOCKET ENTRY TEXT —

The court grants plaintiff's motions for leave to file in forma pauperis [3, 4]. Trust fund officials at plaintiff's
place of confinement are authorized to make deductions from plaintiff's account in accordance with this order.
The clerk shall mail a copy of this order to the trust fund officer at the Cook County Jail. Plaintiff's complaint
is dismissed without prejudice to plaintiff submitting an amended complaint in accordance with this order within
30 days of the date of this order. The clerk shall send plaintiff an amended civil rights complaint form, along with
a copy of this order. Plaintiff's failure to comply with this order will result in summary dismissg of this case.

IMI For further details see text below.] Li (fle wa

STATEMENT

Plaintiff Eugene Wright, incarcerated at the Cook County Jail, has filed this 42 U.S.C. § 1983 action naming
Tom Dart and Cermak Health Services as defendants. Plaintiff alleges the following. On December 11, 2011, he
was involved in an accident while riding on a Cook County Jail bus. He was treated at Cermak and received a
prescription of ibuprofen and methocarbarnal (muscle relaxer) for two weeks, but he was not examined by a doctor.
Plaintiff states that he filed a grievance for a doctor “to diagnose the source of [his] pain,” but he never received
a response. (Compl. at 4.) He saw a doctor in January 2012, who diagnosed whiplash and continued his
medications. Plaintiff states that he has experienced additional pain in his spine and neck, but he has not been able
to get further treatment. (/d. at 4-5.)

Plaintiff's motion to proceed in forma pauperis indicates that he is unable to pre-pay the $350 filing fee.
The court grants his motion and assesses an initial partial filing fee of $5.00. See 28 U.S.C. § 1915(b)(1). The
supervisor of inmate trust accounts at plaintiff's place of confinement is authorized to deduct the initial partial filing
fee from plaintiff's trust fund account and send it to the court. Thereafter, the trust fund officer shall collect
monthly payments from plaintiffs account in an amount equal to 20% of the preceding month’s income credited
to the account. Monthly payments collected from plaintiff's 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, IL 60604, attn: Cashier’s Desk, 20th Floor, and
shall clearly identify plaintiff's name and the case number assigned to this action. Plaintiff shall remain responsible
for the filing fee, and Cook County Jail authorities shall notify transferee authorities of any outstanding balance in
the event plaintiff is transferred to another facility.

Although plaintiff may proceed in forma pauperis, his complaint cannot proceed as it is unclear what
claims he seeks to raise and who he seeks to sue. Plaintiff names Tom Dart and Cermak as defendants. Cermak,
however, is simply a part of Cook County and is not a separate suable entity. See Castillo v. Cook County
Department Mail Room, 990 F.2d 304 (7th Cir. 1993). With respect to Dart, plaintiff does not state that Dart was
himself involved with any of plaintiff's claims. Dart cannot be held liable simply as the supervisor of one who
| commits a tort, but instead, must have “personal involvement in the alleged constitutional deprivation.” Palmer

12C2553 Eugene Wright (#2010-1228082) vs. Tom Dart Page | of 2



STATEMENT

y. Marion County, 327 F.3d 588, 594 (7th Cir. 2003). If plaintiff named Dart in order to identify officers whose
names plaintiff does not know, he may do so, but he must indicate which officers he seeks to sue and why (even
if he can now refer to them only as John or Jane Doe).

In addition to plaintiff stating who he seeks to sue and why, he must also clarify what claims he seeks to
raise. To satisfy the notice pleading requirement of Fed. R. Civ. P. 8(a), plaintiff must provide sufficient
information to give the court and the defendants notice of what claims he asserts and the grounds upon which the
claims are based. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Although it appears clear from the
complaint that plaintiff contends he received inadequate medical care, it is unclear whether his claims are against
his doctor and medical persons for not examining him and adequately diagnosing the source of his pain or against
jail officers for ignoring his requests to see medical personnel. Both claims require plaintiff to demonstrate
deliberate indifference, for which he must establish that (1) he suffered an objectively serious condition, and (2)
that the defendants were actually aware of the condition yet deliberately disregarded it. Santiago v. Walls, 599
F.3d 749, 762 (7th Cir. 2010). Negligence, as well as a mere disagreement with the treatment received, are
insufficient to establish liability in a § 1983 action; rather a plaintiff must be able to demonstrate “something
approaching a total unconcern for the prisoner's welfare in the face of serious risks.” Rosario v. Brawn, 670 F.3d
816, 821-22 (7th Cir. 2012).

For the reasons stated above, the court dismisses the complaint without prejudice. To proceed with this
case, plaintiff must submit an amended complaint. Plaintiff is given 30 days from the date of this order to submit
an amended complaint that clearly states what his claims are and that clearly indicates which defendant is being
sued for each claim and why. Plaintiff is advised that an amended complaint replaces a previously filed complaint
and must stand complete on its own. The court will refer only to the amended complaint, and not to prior
complaints, to determine the claims and defendants in this case. Therefore, plaintiff must state in the amended
complaint the claims he seeks to raise and the defendants he seeks to sue in this case. Plaintiff must write both
the case number and the judge’s name on the amended complaint and return the originally filled out and signed
form and a copy for the judge and a service copy for each named defendant to the Prisoner Correspondent.
Plaintiff is advised to keep a copy for his files. Plaintiff may request additional copies of an amended complaint
form if needed to provide the court with a sufficient number of copies. Plaintiff's failure to comply with this
order will result in summary dismissal of this case.

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12C2553 Eugene Wright (#2010-1228082) vs. Tom Dart Page 2 of 2