the names of the person or persons who inflicted what he
labels as “numerous amounts of injuries” on him--indeed, the
Complaint does not even make it clear that they were
inflicted “under color of law” (that is, by law enforcement
personnel). That might perhaps have justified retaining the
head of the Police Department in the case until discovery
revealed the names of the person or persons responsible, but
in this instance Malik has not said enough to indicate that
the asserted denial of medical treatment related to his
“serious medical needs”--something required by Estelle v.
Gamble, 429 U.S. 97, 104 (1976) and its progeny as the basis
for Section 1983 liability.
Accordingly the Complaint in its present form “fails to
state a claim upon which relief may be granted” (Section
1915A(b) (1)), and it is therefore dismissed. If however Malik
were able to cure the flaws identified here by filing a proposed
amendment to the Complaint (or a proposed self-contained Amended
Complaint) on or before March 12, 2004, this Court would be
prepared to entertain that filing without requiring Malik to

become responsible for a second filing fee under Section 1915.

Milton I. Shadur
Senior United States District Judge

Date: February 18, 2004


trust fund account shall be forwarded to the Clerk each time the
amount in the account exceeds $10 until the full $150 filing fee
is paid. Both the initial payment and all future payments shall
be sent to the Clerk, United States District Court, 219 South
Dearborn Street, Chicago, Illinois 60604, attention: Fiscal
Department, and shall clearly identify Malik's name and the 04 C
1151 case number assigned to this action. To implement these
requirements, the Clerk shall send a copy of this order to the
Jacksonville trust fund officer.

As for Malik's substantive claim, this Court's review
pursuant to Section 1915A has disclosed that it fails to pass
muster for Section 1983 purposes. Here are its problems:

1. Nothing alleged in Complaint {V, which has been
photocopied and attached to this opinion, suggests any

potential Section 1983 liability for the head of the

Waukegan Police Department. It has been clear for more than
a quarter century that legal responsibility under Section
1983 requires a defendant's personal involvement rather than
being based on respondeat superior principles (Monell v.

Dep't of Social Services of City of New York, 436 U.S. 658,

691 (1978)). It would seem highly improbable that such
personal involvement existed here, and Malik's allegations
do not indicate otherwise.

2. It is of course possible that Malik does not know


Vv. Statement of Claim:

State here as briefly as possible the facts of your case. Describe precisely how each
defendant is involved. Include also the names of other persons involved, dates, and places.
Do not give any legal arguments or cite any cases or statutes. If you intend to allege
anumber of related claims, number and set forth each claim in a separate paragraph. (Use
as much space as you need. Attach extra sheets if necessary.)

Dem ed [1 edie l Treatn ents upen
Atnest 2-77-08 by Wake pan! Deletes,
At WiavKegnps Police “<Anton “ where x
Susfacn Numegous Amorwts af sMTveles -
Lake County SHentf Had to take Me

do _-the _Hospial,

Revised 4/01



Miata Order Forust06/97)

United States District Court, Northern District of Illinois

Ni i itt \
vor Magitrate Judge Milton I. Shadur ‘tnan Assigned Judge
CASE NUMBER 04C 1151 DATE 2/18/2004
CASE John Malik vs. Superintendent of Waukegan Police
TITLE

{In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature

MOTION: of the motion being presented,]

DOCKET ENTRY:

a) Qa Filed motion of [ use listing in “Motion” box above.]

(2) Qo Brief in support of motion due __.

(3) oO Answer brief to motion due . Reply to answer brief due __.

(4) Q Ruling/Hearingon___—ssetfor___—_—_at

(5) Q Status hearing{held/continued to] [set for/re-set for]on__——ssetfor___——sat_

(6) Oo Pretrial conferencefheld/continued to] [set for/re-set for]on__—ssetfor__—=—sat_— ts
(7) im Trial[set for/re-set for] on__—_at

(8) oO [Bench/Jury trial] [Hearing] held/continuedto__at

(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

COFRCP4(m) CLocal Rule 41.1 OFRCP41(a\(1) CFRCP41(a)(2).

ao ff [Other docket entry} Enter Memorandum Opinion and Order. Malik’s Application is granted only
to the extend that no full prepayment of the $150 filing fee will be required, but he will be responsible
for the payment of that entire fee in future installments. Malik is assessed an initial partial filing fee of
$15.87 and the Jacksonville trust fund officer is ordered to collect that filing fee and forward it to the
Clerk. The Complaint in its present form “fails to state a claim upon which relief may be granted” and
it is therefore dismissed.

dal) @ [For further detail see order attached to the original minute order.]
No notices required, advised in open court.

No notices required, munber of notices

ov |} Notices mailed by judge’s staff.

: U FEE i 2 2nnd
nacre gf a
Notified 1 by telephone. pe? ¢ ra 1” dure docketet

Docketing to mail notices. ..
maroc aA RRORO In
Copy to judge/magistrate judge.
cgh8 Hd 61 a34w
courtroom
sv deputy OT 03-934
sentra Cle Office



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JOHN MALIK #R-21828,

z3 12 2004
Plaintiff, Fes 1
v. No. 04 C 1151

SUPERINTENDENT OF WAUKEGAN POLICE

DEPT,
Defendant.
MEMORANDUM _ OPINION AND ORDER

John Malik (“Malik”) has filed a self-prepared 42 U.S.C.
§1983 ("Section 1983”) Complaint! against a defendant described
in the case caption as “Superintendent of Waukegan Police Dept”
and in Complaint QJII.A as “Chief of Police: Superintendent.” As
required by 28 U.S.C. §1915,? Malik has accompanied his Complaint
with a filled-out In Forma Pauperis Application and Financial
Affidavit (“Application”) and a printout from Jacksonville
Correctional Center (“Jacksonville,” where he is now in custody)
reflecting the transactions in his inmate trust fund account for

the six-month period preceding the filing of this action.’ This

+ “Self-prepared" is employed in the sense that Malik has
used the printed form of Complaint provided by this District
Court's Clerk's Office for persons in custody, filling in the
form's blanks in handwriting.

? All further references to Title 28's provisions will
simply take the form “Section--.”

> In fact the Complaint (though not received in the Clerk's
Office until February 13) was signed by Malik on February 4,
while he had filled out the Application and obtained the printout
from the Jacksonville authorities a week earlier--on January 27.


memorandum opinion and order both addresses the requirements of
Section 1915 and engages in the screening called for by Section
1915A.

As to Section 1915, Malik's Application is granted only to
the extent that no full prepayment of the $150 filing fee will be
required of him (see Section 1915(a)(1)), but he will be
responsible for the payment of that entire fee in future
installments (Section 1915(b)(1)). To that end this Court has
determined that the average monthly deposits to Malik's trust
fund account during the six-month period referred to in n.3 came
to $79.33, so that 20% of that amount (again see Section
1915(b) (1)) was $15.87.

Accordingly, pursuant to 28 U.S.C. §1915(b) (1) Malik is
assessed an initial partial filing fee of $15.87, and the
Jacksonville trust fund officer is ordered to collect that
partial filing fee from Malik's trust fund account there and to
pay it directly to the Clerk of Court ("Clerk"). After such
payment, the trust fund officer at Jacksonville (or at any other
correctional facility where Malik may hereafter be confined) is
authorized to collect monthly payments from his trust fund
account in an amount equal to 20% of the preceding month's income

credited to the account. Monthly payments collected from the

Under the circumstances this Court's calculation under Section
1915(b) (1) has encompassed the six-month period that began
July 28, 2003 and ended January 27, 2004.

2