Lisle, Jr. v. Senor-Moore et al
| Steven D. Lisle, Jr. |
| J B Ritzker, Sierra Senor-Moore, Randolph, Dr. Siddiqui, City of Springfield, IL, Ana Schott, Sergeant Walker, Warden Lashbrook, Officer Brooks, John/Jane Does, County of Randolph, IL, Christopher Higgerson, City of Menard, IL, Susan Hill, Dr. Levey, Luitenet Engelage, Matthew E. Major, Unknown Party, Cassandra Chity and Mohammed Siddiqui |
| 3:2019cv00163 |
| February 11, 2019 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 NOTICE of Appearance by Lisa A. Cook on behalf of Officer Brooks, Cassandra Chity, Luitenet Engelage, Susan Hill, Warden Lashbrook, Matthew E. Major, Ana Schott, Sergeant Walker (Cook, Lisa) |
| Filing 44 STATUS REPORT for April 5, 2019 by Christopher Higgerson, Sierra Senor-Moore. (Cook, Lisa) |
Filing 43
ORDER denying as moot #12 Motion Requesting Court Expedite Merit Review and TRO. Signed by Chief Judge Nancy J. Rosenstengel on 4/4/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Status Report due by 4/5/2019, per Order at Doc. 42. (kls3) |
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Filing 42
ORDER: Upon further consideration of issues addressed in a telephone conference with the attorneys of record on this date, the Court orders the Warden of Menard Correctional Center to make Steven D. Lisle, Jr. available by telephone or in person to consult with Plaintiff's counsel, Paul R. Lynch of Craig & Craig, or another member of the law firm designated by Attorney Lynch, on a date certain no later than April 22, 2019, to facilitate handling of the case, to evaluate any need for a motion for immediate relief, and to evaluate the need for treatment or evaluation by an outside medical specialist given that Plaintiff's current care and evaluation of his mental health status is being handled by Dr. Leven who is a defendant in this matter. The parties shall file status reports on April 5, 19, and 26, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 4/3/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 41 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Telephonic Status Conference held on 4/3/2019. Counsel participating were Paul Lynch, Brittany Meeker, Lisa Cook, Max Huber, and Eric Rieckenberg. The parties updated the Court as to the status of this matter. Plaintiff's Motion for Temporary Restraining Order #11 is DENIED without prejudice. (Court Reporter Molly Clayton.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 40
ORDER STRIKING #36 Emergency Motion to Judge NJR Involving Plaintiff['s] April 3rd Schedule[d] TRO Hearing. Because Plaintiff is represented by counsel, the Court will not accept any pro se filings. Any future motions must be filed through counsel. Signed by Chief Judge Nancy J. Rosenstengel on 4/2/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
ORDER: Plaintiff filed a #37 Motion to Continue April 3, 2019 Hearing on Motion for Temporary Restraining Order. The motion is GRANTED in that the Court will continue the hearing on the Motion for Temporary Restraining Order. But, in lieu of hearing argument on Plaintiff's Motion for Temporary Restraining Order, the Court will hold a telephonic status conference on April 3, 2019 at 1:30 p.m. Counsel of record as well as In-House Counsel for Menard Correctional Center, Eric Rieckenberg, are ORDERED to appear by phone. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342. Signed by Chief Judge Nancy J. Rosenstengel on 4/2/2019. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 RESPONSE to Motion re #37 MOTION to Continue April 3, 2019 Hearing filed by Christopher Higgerson, Sierra Senor-Moore. (Cook, Lisa) |
| Filing 37 MOTION to Continue April 3, 2019 Hearing by Steven D. Lisle, Jr.. (Attachments: #1 Exhibit Exhibit A)(Lynch, Paul) |
| Filing 36 STRICKEN. MOTION Emergency Motion to Judge NJR Involving April 3rd Schdule TRO Hearing by Steven D. Lisle, Jr.. (jaj) Modified on 4/3/2019 (kls3). |
| Filing 35 WAIVER OF SERVICE Returned Executed Officer Brooks waiver sent on 3/20/2019, answer due 5/20/2019; Cassandra Chity waiver sent on 3/20/2019, answer due 5/20/2019; Luitenet Engelage waiver sent on 3/20/2019, answer due 5/20/2019; Susan Hill waiver sent on 3/20/2019, answer due 5/20/2019; Warden Lashbrook waiver sent on 3/20/2019, answer due 5/20/2019; Matthew E. Major waiver sent on 3/20/2019, answer due 5/20/2019; Ana Schott waiver sent on 3/20/2019, answer due 5/20/2019; Sergeant Walker waiver sent on 3/20/2019, answer due 5/20/2019. (tjk) |
| Filing 34 RESPONSE in Opposition re #11 MOTION for Temporary Restraining Order filed by Christopher Higgerson, Sierra Senor-Moore. (Attachments: #1 Exhibit 1)(Cook, Lisa) |
| Filing 33 DEMAND for Trial by Jury by Dr. Levey, Mohammed Siddiqui. (Huber, Maxwell) |
| Filing 32 NOTICE of Appearance by Maxwell D. Huber on behalf of Dr. Levey, Mohammed Siddiqui (Huber, Maxwell) |
| Filing 31 NOTICE of Appearance by Timothy P. Dugan on behalf of Dr. Levey, Mohammed Siddiqui (Dugan, Timothy) |
| Filing 30 NOTICE of Appearance by Lisa A. Cook on behalf of Christopher Higgerson, Sierra Senor-Moore (Cook, Lisa) |
| Filing 29 WAIVER OF SERVICE Returned Executed Christopher Higgerson waiver sent on 3/20/2019, answer due 5/20/2019; Sierra Senor-Moore waiver sent on 3/20/2019, answer due 5/20/2019. (jaj) |
| Filing 28 WAIVER OF SERVICE Returned Executed Dr. Levey waiver sent on 3/20/2019, answer due 5/20/2019. (tjk) |
| Filing 27 WAIVER OF SERVICE Returned Executed Mohammed Siddiqui waiver sent on 3/20/2019, answer due 5/20/2019. (tjk) |
| Filing 26 NOTICE of Appearance by Paul R. Lynch on behalf of All Plaintiffs (Lynch, Paul) |
| Filing 25 REQUEST FOR WAIVER of Service sent to Siddiqui, Levey, Walker, Engelage, Brooks, Major, Chitty, Hill, Schott, Lashbrook on 3/20/2019. Waiver of Service due by 4/19/2019. (tjk) |
| Filing 24 REQUEST FOR WAIVER of Service sent to Higgerson on 3/20/2019. Waiver of Service due by 4/19/2019. (tjk) |
| Filing 23 REQUEST FOR WAIVER of Service sent to Senor-Moore on 3/20/2019. Waiver of Service due by 4/19/2019. (tjk) |
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Filing 22
Order for Service of Process upon Defendants Siddiqui, Levey, Walker, Engelage, Brooks, Major, Chitty, Hill Schott, Lashbrook, Senor-Moore, and Higgerson. IT IS ORDERED that Count 1 will proceed against Siddiqui and Levey. Count 2 will proceed against Unknown Party (Nurse B). Count 3 will proceed against Walker, Engelage, Brooks, Major, and John Does. Count 4 will proceed against Walker, Engelage, Brooks, Major, and John Does. Count 5 will proceed against Chitty. Count 6 will proceed against Hill, Schott, Levey, and Lashbrook. Count 7 will proceed against Chitty, Walker, Engelage, Brooks, Major, John Does, and Jane Doe (Nurse). Count 8 will proceed against Lashbrook. Count 9 will proceed against Sierra Senor-Moore and Christopher Higgerson. Signed by Judge Nancy J. Rosenstengel on 3/18/2019. (ksp)
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| Filing 21 NOTICE OF MODIFICATION re #18 Motion to Withdraw as Attorney filed by Steven D. Lisle, Jr. Text entry modified to more accurately describe the attached document. No further action is required by the filer in relation to this notification. (kls3) |
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Filing 20
ORDER: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i), Attorney Paul R. Lynch of Craig & Craig in Mt. Vernon, Illinois, is ASSIGNED to represent Plaintiff in this civil rights case. On or before March 25, 2019, assigned counsel shall enter his appearance in this case. Assigned Counsel is free to share responsibilities with an associate who is also admitted to practice in this district court. Assigned counsel, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, Doc. #1 , Doc. #11 , Doc. 13 , and Doc. 14 to Attorney Lynch. Signed by Judge Nancy J. Rosenstengel on 3/18/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ORDER granting #18 Motion to Withdraw as Attorney: For the reasons stated in the Motion to Withdraw, leave to withdraw is GRANTED. New counsel will be assigned in a separate order of the Court. Attorney Ian P. Cooper terminated. Signed by Judge Nancy J. Rosenstengel on 3/18/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Withdraw as Attorney / Notice of Appearance by Steven D. Lisle, Jr.. (Cooper, Ian) Modified on 3/18/2019 (kls3). |
| Set/Reset Deadlines as to #11 MOTION for Temporary Restraining Order. Responses due by 3/29/2019 (kls3) |
| Filing 17 VIDEO WRIT ISSUED as to Steven D. Lisle Jr. #R40159 to be held April 3, 2019 at 1:30 PM before Judge Nancy J. Rosenstengel. (drb) |
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Filing 16
NOTICE AND ORDER: IDOC and the Warden of Menard Correctional Center shall arrange to have Steven D. Lisle, Jr. #R40159 present via video conference on April 3, 2019 at 1:30 PM before Judge Nancy J. Rosenstengel. Signed by Judge Nancy J. Rosenstengel on 3/14/2019. (drb)
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Filing 15
ORDER: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i), Attorney Ian P. Cooper, of Tueth, Keeney in St. Louis, Missouri, is ASSIGNED to represent Plaintiff in this civil rights case. On or before March 20, 2019, assigned counsel shall enter his appearance in this case. Assigned Counsel is free to share responsibilities with an associate who is also admitted to practice in this district court. Assigned counsel, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, Doc. #1 , Doc. #11 , Doc. 13 , and Doc. 14 to Attorney Cooper. The electronic case file is available through the CM/ECF system. Signed by Judge Nancy J. Rosenstengel on 3/14/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER Setting Hearing on #11 MOTION for Temporary Restraining Order: Motion Hearing set for 4/3/2019 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Plaintiff shall appear via video. In order to assist the Court in its resolution of the Motion for Temporary Restraining Order, Defendants SHALL FILE A RESPONSE on or before March 29, 2019. Signed by Judge Nancy J. Rosenstengel on 3/14/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
Order: This matter is before the Court for case management. Plaintiff, an inmate currently incarcerated at Menard Correctional Center, brings this Section 1983 action for deprivations of his constitutional rights. An initial review of the Complaint reveals that Plaintiff's Monell claim, directed against Defendants Doe Randolph AAG, Governor J B Ritzker, City of Menard IL, County of Randolph IL, and City of Springfield IL, does not survive preliminary review under Section 1915A. Accordingly, this claim is dismissed without prejudice. As this is the only claim directed against Defendants Doe Randolph AAG, Governor J B Ritzker, City of Menard IL, County of Randolph IL, and City of Springfield IL, these defendants are dismissed from the Complaint without prejudice, and the Clerk of the Court is DIRECTED to terminate them as parties in the Case Management/Electronic Case Filing (CM/ECF) system. Plaintiff's remaining claims will be screened as soon as practicable in a separate order. Plaintiff has also filed a Motion for a Temporary Restraining Order (TRO Motion) which will be addressed without delay. See Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680 (7th Cir. 2012). A hearing regarding Plaintiff's TRO Motion will be set by separate order. County of Randolph, IL, J B Ritzker (Govenor), City of Springfield, IL, City of Menard, IL and Randolph (AAG) terminated. Signed by Judge Nancy J. Rosenstengel on 3/14/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION Requesting Court Expedite Merit Review and TRO and Menard Correctional Officers Death Threats by Steven D. Lisle, Jr. (jsm2) |
| Filing 11 MOTION for Temporary Restraining Order by Steven D. Lisle, Jr. (Attachments: #1 Memo of Law).(jsm2) |
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Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Menard Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 2/27/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Prisoner Trust Fund Account Statement by Steven D. Lisle, Jr.. (jaj) |
| Filing 8 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. #3 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 8/1/2018 to 2/11/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Menard Correctional Center. (Trust Fund Statement due on or before 4/1/2019). Signed by Judge Nancy J. Rosenstengel on 2/13/2019. (tjk)
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Filing 6
ORDER DENYING #2 Motion for Temporary Restraining Order (TRO) without prejudice. Plaintiff seeks an order requiring his immediate transfer to Stateville Correctional Center and prohibiting Defendants from all further contact with him. In support of this request, he claims that Nurse Cassandra Chitty attempted to kill him by altering his medication on January 7, 2019. When he complained, "officers" subsequently attempted to destroy the evidence and break his wrists. A TRO is an order issued without notice to the party to be enjoined, and it may last no more than fourteen (14) days. Fed. R. Civ. P. 65(b)(2). It may issue without notice only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Such injunctive relief is also warranted "to prevent a substantial risk of serious injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). However, Plaintiff complains of a single incident of "attempted" interference with his medication by Nurse Chitty, but describes no prior or subsequent incidents. He separately complains of excessive force by officers, but does not identify which officers engaged in these acts, any medical treatment that was required, or treatment that was denied. He alleges unidentified officers have threatened him but does not state when, how often, how many contacts, or how recently. The Court is simply unable to evaluate the likelihood that he will suffer irreparable harm in the future, potential success of his underlying claims on the merits (which, at first glance, may involve issues of misjoinder and require severance and/or dismissal), and whether any other adequate remedy at law exists. The Court notes Plaintiff has related claims pending in consolidated case 3:18-cv-1736-NJR and he is represented by counsel in that matter.Signed by Judge Nancy J. Rosenstengel on 2/12/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-163-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 2/11/2019. (jaj)
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| Filing 4 MOTION to Appoint Counsel by Steven D. Lisle, Jr.. (Attachments: #1 Exhibit)(jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Steven D. Lisle, Jr.. (jaj) |
| Filing 2 MOTION for Emergency Temporary Restraining Order by Steven D. Lisle, Jr.. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Steven D. Lisle, Jr..(jaj) |
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