Court Dismisses Inmate’s Case for Failure to Answer Discovery

May 24, 2017

Chief Judge James E. Shadid in the Central District of Illinois dismissed a pro se pre-trial detainee’s civil rights complaint in favor of a correctional officer and a nurse at the Jerome Combs Detention Center in Kankakee, Illinois in Buckner v. Austin, et al., No. 16-cv-2058 (C.D. Ill. 2017). Plaintiff allegedly slipped and fell in his housing unit at the jail. Plaintiff further alleged that a nurse declined to provide him with any medical care after his fall, and a guard tased him for refusing to get up off the ground. He alleged excessive force against the officer and deliberate indifference to a serious medical need against the nurse. In October 2016, Plaintiff was provided with discovery requests by the Defendants. In November 2016, he was provided a HIPAA waiver form in order to obtain information related to his claimed injuries. Plaintiff failed to respond and Defendants moved to compel his compliance. The Court granted this request in December 2016, giving Plaintiff a date certain by which to comply. In February 2017, still without any response from Plaintiff, Defendants moved to dismiss the case for failure to comply with the Court’s Orders and for failure to answer discovery. The Court gave Plaintiff one last opportunity to explain his non-compliance, and Plaintiff stated in a letter merely that he didn’t understand the discovery requests sent to him. The Court found this to be insufficient, and dismissed Plaintiff’s case with prejudice. The correctional officer and the nurse were represented by Michael Condon and Tony Fioretti.

Buckner v. Austin, et al.,  Case No. 16-cv-2058 (C.D. Ill., May 17, 2017).

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