Negligence

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7^th Circuit Court of Appeals

Case Name: Rahim McWilliams v. Cook County, Illinois, et al

Case No.: 15-1729

Officials: KANNE, WILLIAMS, and HAMILTON, Circuit Judges.

Focus: Negligence

Rahim McWilliams, who is now incarcerated in the Illinois Department of Corrections, broke a bone in his right hand after slipping and falling on a wet floor while detained at the Cook County jail in Chicago. In this action under 42 U.S.C. § 1983 and Illinois law, McWilliams claims that employees at both the county jail and the state Department of Corrections deliberately ignored his injury until after it was too late to prevent permanent disfigurement and pain. McWilliams also claims that his fall resulted from staff negligence at the county jail. His operative complaint identifies the intended defendants to include Cook County and unnamed physicians and guards, but the lawsuit never proceeded because the district court, after twice denying an application from McWilliams to proceed in forma pauperis (“IFP”), dismissed the action for failure to pay the filing fee. We authorized McWilliams to proceed with this appeal IFP, and we agree with him that the district court abused its discretion in denying leave to proceed IFP.

Vacated and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.