Illinois Southern District Court
Judge:J Phil Gilbert
Case #: 3:24-cv-01060
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Apr 08, 2024
Last checked: Monday Apr 08, 2024 5:08 PM CDT
Defendant
Currently unknown Jackson County Sheriff's Office employees
Defendant
Currently unknown Williamson County Sheriff's Office employees
Defendant
Jackson County
Defendant
Jackson County Sheriff's Office
Defendant
Williamson County
Defendant
Williamson County Sheriff's Office
Plaintiff
Derick Derbas
Represented By
Shawn William Barnett
Hale & Monico, LLC
contact info


Docket last updated: 3 hours ago
Thursday, April 11, 2024
6 6 order Order Thu 04/11 3:48 PM
SCREENING ORDER: Represented by counsel, Derick Derbas brings this civil rights action pursuant to 42 U.S.C. 1983 for violations of his rights by Jackson and Williamson County defendants who denied him medical care for a testicular torsion at Jackson County Jail on March 19-22, 2023 and Williamson County Jail on March 22-23, 2023. The Complaint survives screening under 28 U.S.C. 1915A, as follows: COUNT 1 - Fourteenth Amendment claim against Jackson County Sheriff's Office Employees 1 and 2 for the objectively unreasonable denial of medical care for a testicular torsion in March 2023; COUNT 2 - Fourteenth Amendment claim against Williamson County Sheriff's Office Employees 1 and 2 for the objectively unreasonable denial of medical care for a testicular torsion in March 2023; COUNT 3 - Illinois state law indemnification claim under 745 ILCS 10/9-102 against Jackson County and Jackson County Sheriff's Office; and COUNT 4 - Illinois state law indemnification claim under 745 ILCS 10/9-102 against Williamson County and Williamson County Sheriff's Office. The Clerk of Court is DIRECTED to ADD the Jackson and Williamson County Sheriffs (official capacities only), and both of these defendants shall be responsible for assisting in the identification of Unknown County Employees 1 and 2. Counsel for Plaintiff may initiate service of this lawsuit on DEFENDANTS, including the County Sheriffs, without further delay. Once the County Sheriff's file an appearance, the Court will enter a limited John/Jane Doe Identification Order to help identify the unknown defendants by name, so that Plaintiff may affect service of this lawsuit on them. Once served with this suit, Defendants are ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. 1997e(g). Signed by Judge J. Phil Gilbert on 4/11/2024. (jsy)
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Tuesday, April 09, 2024
5 5 notice Notice of Appearance Tue 04/09 11:14 AM
NOTICE of Appearance by Jason M. Marx on behalf of Derick Derbas (Marx, Jason)
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4 4 notice Notice of Appearance Tue 04/09 11:10 AM
NOTICE of Appearance by Shawn William Barnett on behalf of Derick Derbas (Barnett, Shawn)
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3 3 notice Notice Requesting Consent Tue 04/09 8:32 AM
NOTICE FROM CLERK Instructing Derick Derbas to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf] . Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Derick Derbas on 4/9/2024. Consent due by 4/30/2024. (jle)
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2 2 utility Case Opening Notification Tue 04/09 8:31 AM
Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 24-cv-1060-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jle)
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Monday, April 08, 2024
1 1 cmp Complaint Mon 04/08 3:02 PM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILSDC-5359933.), filed by Derick Derbas.(Barnett, Shawn)
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Att: 1 Civil Cover Sheet