Otis v. Dpt. Health Services et al
| Jill Otis |
| Dpt. Health Services, Ana Rodriguez, Stacia Runge and Lisa Gonzalez |
| 3:2022cv50301 |
| August 29, 2022 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Personal Inj. Med. Malpractice |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 10 ENTERED JUDGMENT, Civil case terminated. Mailed notice(yxp, ) |
| Filing 9 MINUTE entry before the Honorable Iain D. Johnston: Before the Court is the plaintiff's second amended pro se complaint. Dkt. 8. As in her first two complaints, she alleges that individuals at the Sycamore Health Department performed a TB test on her using a needle intended for use on animals, which left a permanent scar. The Court dismissed her first two complaints because they plausibly suggested only a claim for medical malpractice under state law, rather than any type of civil rights claim under 28 U.S.C. 1983. See Dkts. 5, 7. None of her amended allegations suggest any claim under a constitutional provisions or any other civil rights statute. Nor has she alleged the citizenship of the defendants and amount in controversy in an attempt to bring her claims under court's diversity jurisdiction. For the same reason it dismissed her first two complaints, the Court dismisses her second amended complaint. The Court warned that this was the plaintiff's final opportunity to identify a claim that falls within this Court's jurisdiction, and so her case is dismissed, though it is dismissed without prejudice to her refiling her medical malpractice claim in state court. Because she has not identified any claim over which this Court could exercise jurisdiction, her motion for counsel #4 is denied. Civil case terminated. Mailed notice (yxp, ) |
| Filing 8 RECEIVED AMENDED Complaint filed by Jill Otis. (jxk) |
| Filing 7 MINUTE entry before the Honorable Iain D. Johnston: Before the Court is the plaintiff's amended pro se complaint. As in her original complaint, she once again alleges that an individual at the Sycamore Health Department performed a TB test on her using a needle intended for use on animals, which left her arm swollen and scarred. The Court dismissed her original complaint because it plausibly suggested only a claim for medical malpractice under state law, rather than any type of civil rights claim under 28 U.S.C. 1983. See Dkt. 5. Although the amended complaint adds phrases such as "civil rights," "free speech," and "right to a speedy and public trial," her allegations do not plausibly suggest a claim under those constitutional provisions or any other civil rights statute. For the same reason it dismissed her original complaint, the Court dismisses her amended complaint. The Court grants the plaintiff leave one final time to file a second amended complaint if she is able to allege a claim that falls within this Court's jurisdiction. Any second amended complaint shall be filed by 10/21/2022. Failure to file by that date, or failure to file a claim that plausibly suggests a claim over which this Court has jurisdiction, shall result in a dismissal of this case without prejudice. Alternatively, the plaintiff remains free to file any medical malpractice claim in state court. The plaintiff may find helpful material on Northern District of Illinois' website on the page entitled Information for Persons without Lawyers. Mailed notice (yxp, ) |
| Filing 6 RECEIVED AMENDED Complaint and 0 copies by Jill Otis (pg, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Jill Otis. (jp, ) |
| Filing 5 MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Jill Otis' motion to proceed in forma pauperis #3 is granted because she has shown a sufficient level of indigency. Nevertheless, under 28 U.S.C. 1915(e)(2)(B), the Court must dismiss her complaint for failure to state a claim. Otis alleges that Health Department employees improperly administered a TB test, which she took as part of a job application. Otis asserts that the test was performed improperly, and she suffered an infection as a result, so she filed the present suit under 42 U.S.C. 1983. The claim appears to be a state law medical malpractice claim better suited for state court. Estate of Her v. Hoeppner, 939 F.3d 872, 877 (7th Cir. 2019) (explaining that "mere negligence is 'categorically beneath the threshold of constitutional due process'"). Thus, the Court dismisses Otis' complaint without prejudice. If the Court has misunderstood her claim, she may amend by September 23, 2022. Alternatively, she may stipulate to dismissal without prejudice so that she may file in the appropriate state court. If an amended complaint is not filed by September 23, 2022, the case will be dismissed with prejudice for want of prosecution. Mailed notice (yxp, ) |
| Filing 4 MOTION by Plaintiff Jill Otis for attorney representation (pg, ) |
| Filing 3 APPLICATION by Plaintiff Jill Otis for leave to proceed in forma pauperis (pg, ) |
| Filing 2 CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Jill Otis (pg, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (pg, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (pg, ) |
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