Durr v. Santerelli et al
| Jeremy Durr |
| Sean O'Brien, Jane Does, Will County, David Adams, John Does, Dale Santerelli, Michelle Moffett, John Disera, David Batzek, Will County Adult Detention Facility, Micheal Kelly, Katherine Knickrehm and Stewart Taylor |
| 1:2019cv06596 |
| October 2, 2019 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
ORDER. The court construes Plaintiff's motion "for additional claims" #6 as a request to clarify the status of Counts 4 and 5 of the complaint. The motion is granted. Although the court did not expressly mention Count 4 or 5 in its Section 1915A threshold review, the order granted Plaintiff leave to further develop his claims that Defendants exposed him to an unreasonable risk of harm, conspired to cover up their alleged malfeasance, and denied him access to needed medical care. The court reminds Plaintiff that the "deliberate indifference" standard no longer applies to claims by pretrial detainees. Instead, the question is whether the Defendants' conduct meets a standard of objective reasonableness. See, e.g., Miranda v. Cty. of Lake, 900 F.3d 335, 352 (7th Cir. 2018). "This standard requires courts to focus on the totality of facts and circumstances faced by the individual alleged to have [violated the inmate's constitutional rights] and to gauge objectivelywithout regard to any subjective belief held by the individualwhether the response was reasonable." McCann v. Ogle Cty., 909 F.3d 881, 886 (7th Cir. 2018). Regardless of the specific standard that governs claims asserted in Plaintiff's complaint, the court confirms that he may pursue them. Signed by the Honorable Rebecca R. Pallmeyer on 11/12/2019. Notice mailed by judge's staff (ntf, )
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| Filing 6 MOTION by Plaintiff Jeremy Durr for additional claims as to count 4 conspiracy as to count 5 failure to intervene (Exhibits). (Envelope not postmarked). (kp, ) |
| Filing 5 COMPLAINT filed by Jeremy Durr; Jury Demand. (las, ) |
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Filing 4
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is granted. The court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to deduct $6.00 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The court on its own motion dismissed Michael Kelly, David Adams, Stewart Taylor, Will County, and the Will County Adult Detention Facility as Defendants on initial review pursuant to 28 U.S.C. 1915A. The court directs the Clerk to: (1) send a copy of this order to the trust account office at Plaintiff's place of confinement;(2) file Plaintiff's complaint[ R.1];(3) issue summons for service on Defendants Santerelli, Moffett,O'Brien, Disera, Batzek, and Knickrehm; and (4) mail Plaintiff six blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of this order. The court appoints the U.S. Marshal to serve Defendants. The court advises Plaintiff that a completed USM-285 from is required for service on Defendants. Plaintiff must fill out and return the required service forms or this case may be dismissed for failure to prosecute. The U.S. Marshal will not attempt service on Defendants unless and until the required forms are received. Stewart Taylor, Will County, Will County Adult Detention Facility, David Adams and Micheal Kelly terminated. Signed by the Honorable Rebecca R. Pallmeyer on 10/28/2019. Mailed notice(las, )
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| SUMMONS Issued, certified copy of order dated 10/28/2019 to the U.S. Marshal's Office as to Defendants David Batzek, John Disera, Katherine Knickrehm, Michelle Moffett, Sean O'Brien, Dale Santerelli. (las, ) |
| MAILED out copy of order #4 to the Will County Trust Fund Officer and a copy of order #4 and 6 blank usm-marshal forms, a magistrate judge consent form, and filing instructions to plaintiff. (las, ) Modified on 10/28/2019 (las, ). |
| Filing 3 APPLICATION by Plaintiff Jeremy Durr for leave to proceed in forma pauperis. (Exhibit) (pk, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pk, ) |
| Filing 1 RECEIVED Complaint and 11 copies by Jeremy Durr. (Exhibit) (Attachments: #1 Envelope postmarked 9/27/2019)(pk, ) |
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