Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge John A. Nordberg Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 4253 DATE 11/21/12

CASE TITLE Richard Kupferschmidt (M-25549) v. Salvador Godinez , et al.

DOCKET ENTRY TEXT:

Plaintiff may proceed with his amended complaint [9] against Cook County Jail Officers Allen and Malloy. The

clerk shall issue summonses for service of the amended complaint on these Defendants and shall forward to

Plaintiff a magistrate judge consent form and instructions for filing documents in this Court. The other

Defendants listed in Plaintiff’s amended complaint are dismissed. 

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

STATEMENT

Plaintiff Richard Kupferschmidt (M-25549), an inmate currently incarcerated at Stateville Correctional

Center, filed this 42 U.S.C. § 1983 civil rights action concerning Cook County Jail officers ignoring his requests

for psychiatric care in July 2010. Plaintiff has submitted an amended complaint in accordance with the Court’s

September 17, 2012 order. The Court having conducted a preliminary review pursuant to 28 U.S.C. § 1915A, the

amended complaint may proceed against Cook County Jail Officers Allen and Malloy. The other Defendants are

dismissed.

Plaintiff again asserts that on July 9, 2010, he was depressed. Allegedly, Officer Allen refused Plaintiff’s

requests to refer him for a psychiatric evaluation, as well as his requests to see a sergeant. According to Plaintiff,

Allen expressed that his shift was ending and that he did not want to address Plaintiff’s problem. Plaintiff then

took 30 Ibuprofen pills. Plaintiff told Allen he took 30 pills when Allen returned to lock Plaintiff in his cell. Allen

allegedly again ignored Plaintiff. Sometime later, Plaintiff told Officer Malloy on the next shift that Plaintiff had

taken 30 pills. Malloy allegedly ignored Plaintiff, at which time Plaintiff broke a light bulb and began cutting his

wrist. He passed out and, upon regaining consciousness, began cutting his stomach. Malloy returned to Plaintiff’s

cell and, with the assistance of Officers Bonen, Demar, and Earl, assisted Plaintiff out of his cell, presumably to

get him either medical or psychiatric attention. Of the above listed officers, Plaintiff may proceed against Allen

and Malloy. Estate of Miller, ex rel. Bertram v. Tobiasz 680 F.3d 984, 989 (7th Cir. 2012) (setting out the

standard for deliberate indifference to a serious psychological need, including a suicide risk). The other officers,

according to Plaintiff, simply helped with escorting Plaintiff out of his cell. As noted in the Court’s prior order, 

not every person who was aware that Plaintiff was suicidal is liable. Burks v. Raemisch, 555 F.3d 592, 595 (7th

Cir. 2009).

In addition to the above listed officers, Plaintiff names Salvador Godinez (former Cook County Jail

Executive Director), Superintendent Morecci, and Sergeant Young. Plaintiff alleges neither that they were

personally involved nor that there was a custom or policy with inadequate psychiatric care or ignoring suicide

risks. Instead, he seeks to hold these supervisory Defendants liable for the actions of their subordinate officers. 

Respondeat superior, however, does not apply in § 1983 cases, and supervisory officials cannot be held liable for

the constitutional wrongs of their subordinates. See Boyce v. Moore, 314 F.3d 884, 888 (7th Cir. 2002). 

Defendants Godinez, Morecci, and Young are thus dismissed.

(CONTINUED)

isk

Page 1 of 2
STATEMENT (continued)

The clerk shall issue summonses for service of the amended complaint on Cook County Jail Officers Allen

and Malloy, and the U.S. Marshal is directed to serve them. The Marshal may forward to Plaintiff forms necessary

to accomplish service. Plaintiff’s failure to return forms to the Marshal may result in the dismissal of Defendants. 

If any Defendant is no longer employed or associated with Cook County Jail, officials there shall provide the last

known address of that Defendant, which shall be used only to effectuate service and which shall neither be kept

in the Court’s file nor disclosed by the Marshal. The Marshal may attempt to obtain waivers of service pursuant

to Fed. R. Civ. P. 4(d), but if unable to obtain waivers, personal service must be attempted. 

Plaintiff must submit a judge’s copy of all filings and must send a copy of all filings to Defendants, or to

their attorney, after one enters an appearance on their behalf. Plaintiff must include a certificate of service with

each filing that states to whom and the date copies were mailed. Letters sent directly to the judge, as well as any

submissions to the Court that do not comply with the Court’s instructions, may be returned to Plaintiff without

being filed.

Page 2 of 2