United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DISCUSSING AMENDED COMPLAINT, DISMISSING
INSUFFICIENT CLAIMS, AND DIRECTING SERVICE OF
J. McKINNEY, JUDGE
Lionel Gibson (“Mr. Gibson”), is a prisoner
currently incarcerated at the Miami Correctional Facility.
All of his allegations arise from incidents that occurred at
the New Castle Correctional Facility (“New
Castle”). His original complaint, filed on January 10,
2017, was rejected because the claims were misjoined. Mr.
Gibson was given an opportunity to file an amended complaint
that included only properly related claims.
Gibson's amended complaint, filed on March 27, 2017, is
now subject to the screening requirement of 28 U.S.C. §
1915A(b). This statute directs that the Court dismiss a
complaint or any claim within a complaint which “(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] complaint must contain sufficient factual matter,
accepted as true, to state a claim for relief that is
plausible on its face. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Discussion of Amended Complaint
amended complaint is brought under 42 U.S.C. § 1983 and
names the following defendants: 1) the GEO Group; 2) Angie
Price; 3) Keith Butts; 4) Robert Bugher; 5) Officer Lawrence
Onyesonwu; 6) Officer J. Gilmer; 7) Officer S. Becker; and 8)
Lt. L. Storm. Mr. Gibson seeks compensatory and punitive
damages and injunctive relief.
Force/Failure to Protect Claims
Gibson alleges that he was assaulted by two other inmates on
January 11, 2016. He alleges that Officer Onyesonwu watched
him get assaulted and stopped other offenders from breaking
up the fight. Officer Onyesonwu allegedly failed to protect
Mr. Gibson from the attack and allowed it to go on for five
minutes before calling for assistance.
Officers Beck and Gilmer responded, they allegedly used
excessive force against and failed to protect Mr. Gibson when
they sprayed him in the eye with a form of pepper spray that
burned and blinded him, allowing another offender to stab him
in the eye with a shank.
Gibson alleges that months before the attack, he had told
Unit Manager Angie Price that his safety was in jeopardy, but
she did nothing.