Mwakyoma v. Evanston Hospital ER Dpt.
| Stella Mwakyoma |
| Evanston Hospital ER Dpt. |
| 1:2018cv08165 |
| December 12, 2018 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 9 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's application to proceed in forma pauperis #4 is granted, because it establishes that plaintiff is unable to afford the filing fee. The complaint, however, is dismissed without prejudice. Plaintiff has named the Evanston Hospital ER, 2650 Ridge Rd., Evanston, Illinois, as a defendant, and alleges that the doctors and personnel at the hospital violated her constitutional rights when they treated her (including forced tests and transport to a mental hospital) without her consent. Evanston Hospital (a division of the private not-for-profit NorthShore University Health System) and the personnel referenced in the complaint are not state actors, and a civil suit under Section 1983 for the violation of constitutional rights requires the conduct of a person acting under color of law. See Babchuk v. Indiana University Health, Inc., 809 F.3d 966, 970-71 (7th Cir. 2016). Plaintiff will be given an opportunity to amend the complaint, but it appears futile to attempt to sue Evanston Hospital personnel under Section 1983. Even if plaintiff could identify the hospital staff personally involved in the conduct, a Section 1983 claim could not be stated against them. The motion for attorney representation #5 is denied. Plaintiff has attempted to find counsel on her own, but at this early stage of the case, where plaintiff has demonstrated an ability to articulate the facts she is complaining about, the recruitment of an attorney is not necessary. If plaintiff wants to pursue this case, she must submit an amended complaint by January 24, 2019. If an amended complaint is not filed by that date, the case will be closed. Plaintiff is free to pursue any state-law claims against the hospital and its personnel in state court. Notices mailed. (psm, ) |
| Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) |
| Filing 5 MOTION by Plaintiff Stella Mwakyoma for attorney representation (pk, ) |
| Filing 4 APPLICATION by Plaintiff Stella Mwakyoma for leave to proceed in forma pauperis (pk, ) |
| Filing 3 PRO SE Appearance by Plaintiff Stella Mwakyoma (pk, ) |
| Filing 2 CIVIL Cover Sheet (pk, ) |
| Filing 1 RECEIVED Complaint and 1 copies by Stella Mwakyoma (pk, ) |
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| Plaintiff: Stella Mwakyoma | |
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| Defendant: Evanston Hospital ER Dpt. | |
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