Brown

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

SPRINGFIELD DIVISION

BYRON BROWN, )

)

Plaintiff, )

)

v. ) 25-3229

)

BRITTANY GREENE, et al. )

)

Defendants. )

MERIT REVIEW ORDER

Plaintiff, proceeding pro se and presently incarcerated at

Western Illinois Correctional Center, was granted leave to proceed

in forma pauperis. The case is now before the Court for a merit

review of Plaintiff’s claims. As a threshold matter, Plaintiff’s Motion

for Leave to File an Amended Complaint (Doc. 8) is granted. Fed. R.

Civ. P. 15(a).

The Court must “screen” Plaintiff’s amended complaint, and

through such process to identify and dismiss any legally insufficient

claim, or the entire action if warranted. 28 U.S.C. § 1915A. A claim

is legally insufficient if it “(1) is frivolous, malicious, or fails to state

a claim upon which relief may be granted; or (2) seeks monetary

relief from a defendant who is immune from such relief.” Id.

The Court accepts the factual allegations as true, liberally

construing them in the plaintiff's favor. Turley v. Rednour, 729 F.3d

645, 649 (7th Cir. 2013). Conclusory statements and labels are

insufficient—the facts alleged must “state a claim for relief that is

plausible on its face.” Alexander v. U.S., 721 F.3d 418, 422 (7th Cir.

2013) (citation omitted).

Plaintiff alleges that he suffered from a broken foot that

required a medical boot. He alleges that Defendants Bright, Smith,

and Doe ignored his low gallery permit and housed him on a high

gallery. Plaintiff alleges that these defendants refused to correct the

issue after he had notified them. Plaintiff alleges that the medical

boot slipped as he was walking up the stairs, causing him to slam

his “back, head, and already broken foot into the concrete steps.”

Plaintiff states an Eighth Amendment claim for deliberate

indifference to a serious medical need against Defendants Bright,

Smith, and Doe in their individual capacities. Petties v. Carter, 836

F.3d 722, 729-30 (7th Cir. 2016) (en banc). Plaintiff does not make

any allegations against Defendant Greene, and he cannot prevail

against this defendant just because she was in charge. Vance v.

Peters, 97 F.3d 987, 991 (7th Cir. 1996) (“Section 1983 creates a

cause of action based on personal liability and predicated upon

fault; thus, liability does not attach unless the individual defendant

caused or participated in a constitutional deprivation.”); Ashcroft v.

Iqbal, 556 U.S. 662, 676 (2009). The Court will accordingly dismiss

Defendant Greene.

Plaintiff’s Motion to Request Counsel (Doc. 5)

Plaintiff has no constitutional or statutory right to counsel in

this case. In considering the Plaintiff’s motion, the court asks: (1)

has the indigent Plaintiff made a reasonable attempt to obtain

counsel or been effectively precluded from doing so; and if so, (2)

given the difficulty of the case, does the plaintiff appear competent

to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir.

2007).

Plaintiff satisfied the first prong. Plaintiff states he has

completed some high school. He has personal knowledge of the

facts, he has been able to adequately communicate them to the

Court, and he should be able to obtain relevant documents via the

discovery process. This case does not appear overly complex at this

time, nor does it appear that it will require expert testimony. The

Court finds that Plaintiff is capable of representing himself at this

time. Plaintiff’s motion is denied with leave to renew.

IT IS THEREFORE ORDERED:

1. Plaintiff’s Motion for Leave to File Amended

Complaint [8] is GRANTED. Clerk is directed to docket the

proposed amended complaint attached to Plaintiff’s motion.

2. Pursuant to its merit review of the Complaint under

28 U.S.C. § 1915A, the court finds that the plaintiff states an

Eighth Amendment claim for deliberate indifference to a

serious medical need against Defendants Bright, Smith, and

Doe in their individual capacities. Any additional claims shall

not be included in the case, except at the court’s discretion on

motion by a party for good cause shown or pursuant to Federal

Rule of Civil Procedure 15.

3. This case is now in the process of service. The

plaintiff is advised to wait until counsel has appeared for the

defendants before filing any motions, in order to give notice to

the defendants and an opportunity to respond to those

motions. Motions filed before defendants' counsel has filed an

appearance will generally be denied as premature. The plaintiff

need not submit any evidence to the court at this time, unless

otherwise directed by the court.

4. The court will attempt service on the defendants by

mailing each defendant a waiver of service. The defendants

have 60 days from the date the waiver is sent to file an answer.

If the defendants have not filed answers or appeared through

counsel within 90 days of the entry of this order, the plaintiff

may file a motion requesting the status of service. After the

defendants have been served, the court will enter an order

setting discovery and dispositive motion deadlines.

5. With respect to a defendant who no longer works at

the address provided by the plaintiff, the entity for whom that

defendant worked while at that address shall provide to the

clerk said defendant's current work address, or, if not known,

said defendant's forwarding address. This information shall be

used only for effectuating service. Documentation of forwarding

addresses shall be retained only by the clerk and shall not be

maintained in the public docket nor disclosed by the clerk.

6. The defendants shall file an answer within 60 days of

the date the waiver is sent by the clerk. A motion to dismiss is

not an answer. The answer should include all defenses

appropriate under the Federal Rules. The answer and

subsequent pleadings shall be to the issues and claims stated in

this opinion. In general, an answer sets forth the defendants'

positions. The court does not rule on the merits of those

positions unless and until a motion is filed by the defendants.

Therefore, no response to the answer is necessary or will be

considered.

7. This district uses electronic filing, which means that,

after defense counsel has filed an appearance, defense counsel

will automatically receive electronic notice of any motion or

other paper filed by the plaintiff with the clerk. The plaintiff

does not need to mail to defense counsel copies of motions and

other papers that the plaintiff has filed with the clerk.

However, this does not apply to discovery requests and

responses. Discovery requests and responses are not filed with

the clerk. The plaintiff must mail his discovery requests and

responses directly to defendants' counsel. Discovery requests

or responses sent to the clerk will be returned unfiled, unless

they are attached to and the subject of a motion to compel.

Discovery does not begin until defense counsel has filed an

appearance and the court has entered a scheduling order,

which will explain the discovery process in more detail.

8. Counsel for the defendants is hereby granted leave to

depose the plaintiff at his place of confinement. Counsel for

the defendants shall arrange the time for the deposition.

9. The plaintiff shall immediately notify the court, in

writing, of any change in his mailing address and telephone

number. The plaintiff's failure to notify the court of a change in

mailing address or phone number will result in dismissal of this

lawsuit, with prejudice.

10. If a defendant fails to sign and return a waiver of

service to the clerk within 30 days after the waiver is sent, the

court will take appropriate steps to effect formal service

through the U.S. Marshals service on that defendant and will

require that defendant to pay the full costs of formal service

pursuant to Federal Rule of Civil Procedure 4(d)(2).

11. The clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability

and Accountability Act.

12. The clerk is directed to terminate Brittany Greene as

defendants.

13. The clerk is directed to attempt service on

Defendants Bright and Smith pursuant to the standard

procedures.

14. Plaintiff’s Motion [5] is DENIED with leave to renew.

ENTERED: 10/15/2025

FOR THE COURT:

s/Sue E. Myerscough

SUE E. MYERSCOUGH

UNITED STATES DISTRICT JUDGE