Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Blanche M. Manning Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 4276 DATE 9/19/12

CASE

TITLE

Tylon Hudson (2009-1120252) vs. Officer Vose, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis (Dkt. Nos. [4],[6]), is granted. The Court authorizes

and orders Cook County Jail officials to deduct $1.57 from 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. The clerk shall issue summonses for service on Defendants Vose and

Janus and send Plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along

with a copy of this order. Defendants Cook County, Dart and Preckwinkle are dismissed. The United States

Marshals Service is appointed to serve all defendants. 

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

Pro se plaintiff Tylon Hudson, a Cook County Jail detainee, has brought a civil rights suit pursuant to

42 U.S.C. § 1983. Pending before the Court are plaintiff’s motion for leave to proceed in forma pauperis

(Dkt. Nos. 4, 6), and complaint for an initial review pursuant to 28 U.S.C. § 1915A. (Dkt. No. 5). 

The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. Nos. 4, 6) is granted. Pursuant to

28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $1.57. 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. 

Plaintiff is assigned a vegan diet for religious purposes because he is an African Hebrew Israelite. On

October 24, 2011, plaintiff did not receive the proper breakfast. He informed Cook County correctional

officer Vose, who is named as a defendant in this action. According to plaintiff, Vose became angry and told

him his religion was not real. Plaintiff suggested that he would raise the issue through a grievance and in

response, Vose physically assaulted him. Defendant officer Janus allegedly stood idly by and failed to

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STATEMENT

intervene to stop the assault.

Plaintiff may proceed with a claim for a malicious and sadistic use of force not employed in good

faith to maintain or restore discipline against Vose, Gomez v. Randle, 680 F.3d 859, 864 (7th Cir. 2012)

(citing Hudson v. McMillian, 503 U.S. 1, 6-7 (1992)), and a failure to intervene claim against Janus. Lewis v.

Downey, 581 F.3d 467, 472 (7th Cir. 2009) (citation omitted). The Court notes that plaintiff explicitly

invoked these two claims in his complaint, and did not assert a First Amendment claim as to either his

religious rights, or retaliation following his mention of a grievance. 

However, plaintiff cannot proceed against defendant Cook County because there is no suggestion that

these alleged violations were pursuant to an official policy, widespread pattern or practice, or decision by a

final policymaker. Connick v. Thompson, 131 S. Ct. 1350, 1360 (2011) (citing Monell v. New York City

Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978)). Equally, plaintiff cannot proceed against Sheriff Tom Dart

and County Board President Toni Preckwinkle because there is no plausible allegation that they were

personally involved with the alleged misconduct. Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) (“[A] plaintiff

must plead that each government official defendant, through the official’s own individual actions, has

violated the Constitution.”). 

The clerk shall issue summonses for service on Defendants Vose and Janus, and send Plaintiff a

Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. 

Defendants Cook County, Dart and Preckwinkle are dismissed. The United States Marshals Service is

appointed to serve all defendants. Any service forms necessary for plaintiff to complete will be sent by the

Marshal as appropriate to serve defendants with process. The U.S. Marshal is directed to make all reasonable

efforts to serve defendants. With respect to any former employees who no longer can be found at the work

address provided by plaintiff, the Cook County Jail shall furnish the Marshal with defendant’s last-known

address. The information shall be used only for purposes of effectuating service [or for proof of service,

should a dispute arise] and any documentation of the address shall be retained only by the Marshal. Address

information shall not be maintained in the court file, nor disclosed by the Marshal. Plaintiff is to provide the

U.S. Marshals Service with a copy of the complaint and a proper form for request of waiver pursuant to

Federal Rule of Civil Procedure 4(d)(1). The U.S. Marshals Service is requested to mail the complaint and

appropriate papers for waiver of service by first-class mail to the named defendants pursuant to Rule

4(d)(1)(G).

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 defendants [or to defense counsel, once an attorney has entered an appearance on behalf of

defendants]. 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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