Jefferson v. Wills

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

MICAH JEFFERSON,

Plaintiff,

v. Case No. 25-cv-424-NJR

ANTHONY WILLS, JOHN DOE #1

GALLERY OFFICER, JOHN DOE #2

SERGEANT,

Defendants.

MEMORANDUM AND ORDER

ROSENSTENGEL, Chief Judge:

Plaintiff Micah Jefferson, an inmate of the Illinois Department of Corrections who

is currently incarcerated at Menard Correctional Center, brings this action for

deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. In the Complaint,

Jefferson alleges that Defendants were deliberately indifferent to his asthma in violation

of the Eighth Amendment.

This case is now before the Court for preliminary review of the Complaint

pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the Court is required to screen

prisoner complaints to filter out non-meritorious claims. See 28 U.S.C. § 1915A(a). Any

portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which

relief may be granted, or asks for money damages from a defendant who by law is

immune from such relief must be dismissed. 28 U.S.C. § 1915A(b).

The Complaint

On May 29, 2023, Jefferson submitted an emergency grievance about issues with

his breathing (Doc. 1, p. 8). Prior to that grievance, he had written multiple request slips

to both the warden, Anthony Wills, and the healthcare unit to see a nurse about his

breathing troubles (Id.). Although Wills deemed his grievance an emergency, Jefferson

still did not receive medical care (Id.). He continued to write request slips directly to

Anthony Wills requesting to be seen in the healthcare unit due to increasing difficulties

with his breathing. Wills ignored his requests (Id.).

On July 5, 2023, during the 11:00 p.m. to 7:00 a.m. shift, the officer on duty for East

Cellhouse, 10 gallery, cell 7, conducted count of the gallery (Doc. 1, p. 8). Jefferson

stopped the officer, labeled John Doe #1, and stated that he could not breathe due to an

asthma attack (Id.). John Doe #1 responded that Jefferson was talking so he must be able

to breathe (Id.). He walked away. An hour later, John Doe #1 again approached

Jefferson’s cell while collecting mail (Id.). Jefferson again indicated that he was having an

asthma attack, and his symptoms were getting worse (Id.). He asked John Doe #1 to call

a nurse so that he could receive breathing treatments (Id.). John Doe #1 again stated that

he was not having breathing issues if he was able to talk (Id.). He told Jefferson not to

stop him again unless he was “deader than a doorknob” (Id.).

At some point during the same shift, Jefferson spoke to the cellhouse sergeant,

John Doe #2, and explained that he was having an asthma attack and needed to go to the

healthcare unit for a breathing treatment (Doc. 1, p. 10). John Doe #2 told Jefferson to stop

taking his asthma medication and he would send Jefferson to the healthcare unit in the

morning, if he was not dead by then (Id.). The officer noted that if Jefferson was dead then

he would not know that he had missed his appointment (Id.). Jefferson pleaded with John

Doe #2, noting that he was having increasing difficulties with his breathing (Id.). John

Doe #2 told him to talk to the nurse who would be on duty in three hours and to “take

deep breaths” (Id.).

Three hours later, both John Doe #1 and John Doe #2 approached Jefferson’s cell

and cuffed him with his hands behind his back (Doc. 1, pp. 8, 10). Although Jefferson told

them that having his hands behind his back made it even more difficult to breathe, the

officers forced him to walk down five flights of stairs with his hands cuffed behind his

back (Id.). While walking down the stairs, Jefferson passed out from his asthma attack (Id.

at p. 8).

As a result of his asthma attack, Jefferson had to be air-lifted to an outside hospital

and intubated (Doc. 1, pp. 8, 10). The attack was nearly fatal, and Jefferson was subject to

chest compressions from medical staff. He suffered from rib and abdomen pain from the

compressions. He still has numbness in his left arm where the IV was kept in his arm

while in the hospital (Id.). He has been prescribed physical therapy due to the numbness

in his arm (Id. at p. 10). Jefferson alleges that his near fatal asthma attack and the resulting

injuries could have been avoided if medical care had been provided to him earlier (Id. at

pp. 8, 10).

Jefferson further alleges that Anthony Wills retaliated against him because of the

numerous grievances he wrote about his medical treatment (Doc. 1, p. 8). He alleges that

Wills allowed Jefferson’s commissary items to be stolen while Jefferson was in restrictive

housing (Id.). Wills also upheld C grade sanctions issued against Jefferson despite the

Administrative Review Board ordering that the sanctions be removed (Id.).

Discussion

Based on the allegations in the Complaint, the Court designates the following

counts:

Count 1: Eighth Amendment deliberate indifference claim against

John Doe #1 and John Doe #2 for refusing and delaying

medical care for Jefferson’s asthma attack.

Count 2: Eighth Amendment deliberate indifference claim against

Anthony Wills for failing to obtain medical care for

Jefferson’s breathing issues.

Count 3: First Amendment claim against Anthony Wills for

upholding discipline and allowing Jefferson’s property to

be stolen in retaliation for Jefferson’s grievances about his

medical care.

The parties and the Court will use these designations in all future pleadings and orders,

unless otherwise directed by a judicial officer of this Court. Any other claim that is

mentioned in the Complaint but not addressed in this Order should be considered

dismissed without prejudice as inadequately pled under the Twombly pleading

standard.1

At this stage, Jefferson states viable claims for deliberate indifference in Counts 1

and 2. He alleges that John Doe #1 and John Doe #2 failed to timely provide him with

care during his asthma attack. When they finally did attempt to escort him to the

1 See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) (an action fails to state a claim upon

which relief can be granted if it does not plead “enough facts to state a claim to relief that is

plausible on its face”).

healthcare unit, they placed Jefferson’s hands behind his back, despite Jefferson’s protests

that he was experiencing difficulties breathing. Jefferson adequately alleges that John

Doe #1 and John Doe #2 were deliberately indifferent to his need for care on July 5, 2023.

Jefferson also alleges that he informed Anthony Wills about issues with his breathing,

starting on May 29, 2023, and leading up to his July 5 asthma attack. Despite his continued

written requests to Wills for care, Jefferson was not provided with any medical care until

his near fatal asthma attack on July 5. Thus, Jefferson also adequately alleges that

Anthony Wills acted with deliberate indifference to his need for medical care.

Jefferson fails, however, to state a retaliation claim against Anthony Wills. In order

to state a retaliation claim, a plaintiff must allege that he engaged in protected activity,

“suffered a deprivation likely to deter such activity,” and the “First Amendment activity

was at least a motivating factor in the decision to impose the deprivation.” Hawkins v.

Mitchell, 756 F.3d 983, 996 (7th Cir. 2014). Although Jefferson alleges that he wrote

grievances about his asthma treatment, he fails to allege that the grievances were a

motivating factor in Wills’s actions. Further, he fails to allege that Wills was even aware

that his property was stolen. Thus, Jefferson fails to allege a retaliation claim, and Count

3 is DISMISSED without prejudice.

Motion for Counsel

In addition to his Complaint, Jefferson also filed a motion for counsel (Doc. 3).

Jefferson notes that he has written multiple lawyers, but his requests have been ignored

or denied. He notes that he has some college education but no medical training or

knowledge about the issues surrounding his case. But given the early stage of the

litigation process, it is difficult to accurately evaluate the need for the assistance of

counsel. See Kadamovas v. Stevens, 706 F.3d 843, 846 (7th Cir. 2013) (“[U]ntil the defendants

respond to the complaint, the plaintiff’s need for assistance of counsel ... cannot be

gauged.”).2 Further, there is nothing currently pending that would require counsel. Once

Defendants have been served and file their Answers, the Court will enter a scheduling

order setting forth the next steps in the litigation process. If Jefferson experiences

difficulties in litigating the case at that point, he may submit another request for counsel.

At this time, his motion is DENIED without prejudice.

Disposition

For the reasons stated above, Count 1 shall proceed against John Doe #1 and John

Doe #2. Count 2 shall proceed against Anthony Wills. Count 3 is DISMISSED without

prejudice. Anthony Wills also remains in the case (in his official capacity) to respond to

discovery aimed at identifying the John Does.

The Clerk of Court shall prepare for Anthony Wills (individual and official

capacities): (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons)

and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these

forms, a copy of the Complaint, and this Memorandum and Order to Wills’s place of

employment as identified by Jefferson. If Wills fails to sign and return the Waiver of

Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were

2 In evaluating the motion for counsel, the Court applies the factors discussed in Pruitt v. Mote,

503 F.3d 647, 654 (7th Cir. 2007), and related authority.

sent, the Clerk shall take appropriate steps to effect formal service on Wills, and the Court

will require Wills to pay the full costs of formal service, to the extent authorized by the

Federal Rules of Civil Procedure.

If Wills can no longer be found at the work address provided by Jefferson, the

employer shall furnish the Clerk with Wills’s current work address, or, if not known,

Wills’s last-known address. This information shall be used only for sending the forms as

directed above or for formally effecting service. Any documentation of the address shall

be retained only by the Clerk. Address information shall not be maintained in the court

file or disclosed by the Clerk.

Wills is ORDERED to timely file an appropriate responsive pleading to the

Complaint and shall not waive filing a reply pursuant to 42 U.S.C. Section 1997e(g).

Pursuant to Administrative Order No. 244, Wills need only respond to the issues stated

in this Merit Review Order.

Because Jefferson’s claims involve his medical care, the Clerk of Court is

DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

If judgment is rendered against Jefferson, and the judgment includes the payment

of costs under Section 1915, he will be required to pay the full amount of the costs,

regardless of whether his application to proceed in forma pauperis is granted. See 28 U.S.C.

§ 1915(f)(2)(A).

Finally, Jefferson is ADVISED that he is under a continuing obligation to keep the

Clerk of Court and each opposing party informed of any change in his address; the Court

will not independently investigate his whereabouts. This shall be done in writing and not

later than 14 days after a transfer or other change in address occurs. Failure to comply

with this order will cause a delay in the transmission of court documents and may result

in dismissal of this action for want of prosecution. See FED. R. Civ. P. 41(b).

IT IS SO ORDERED.

DATED: May 13, 2025 Tl vy (

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

Notice to Plaintiff

The Court will take the necessary steps to notify the appropriate defendants of

your lawsuit and serve them with a copy of your Complaint. After service has been

achieved, the defendants will enter their appearance and file an Answer to your

Complaint. It will likely take at least 60 days from the date of this Order to receive the

defendants’ Answer, but it is entirely possible that it will take 90 days or more. When all

the defendants have filed Answers, the Court will enter a Scheduling Order containing

important information on deadlines, discovery, and procedures. Plaintiff is advised to

wait until counsel has appeared for the defendants before filing any motions, to give the

defendants notice and an opportunity to respond to those motions. Motions filed before

defendants’ counsel has filed an appearance will generally be denied as premature.

Plaintiff need not submit any evidence to the Court at this time, unless specifically

directed to do so.