United States District Court, S.D. Indiana, Terre Haute Division
ENTRY SCREENING AMENDED COMPLAINT AND DIRECTING
Jane Magnus-Stinson, Chief Judge
plaintiff is a prisoner currently incarcerated at Putnamville
Correctional Facility (“Putnamville”). His
original complaint was dismissed for failure to state a claim
upon which relief may be granted. Instead of dismissing the
action, the plaintiff was given the opportunity to file an
amended complaint. He has done so. The amended complaint is
now subject to the screening requirement of 28 U.S.C. §
1915A(b). Pursuant to 28 U.S.C. § 1915A(b), the Court
must dismiss the complaint if it is frivolous or malicious,
fails to state a claim for relief, or seeks monetary relief
against a defendant who is immune from such relief. In
determining whether the complaint states a claim, the Court
applies the same standard as when addressing a motion to
dismiss under Federal Rule of Civil Procedure 12(b)(6).
See Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th
Cir. 2006). To survive dismissal,
[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). Pro se
complaints such as that filed by the plaintiff are construed
liberally and held to a less stringent standard than formal
pleadings drafted by lawyers. Obriecht v. Raemisch,
517 F.3d 489, 491 n.2 (7th Cir. 2008).
plaintiff brings his claims against the defendants pursuant
to 42 U.S.C. § 1983. He alleges that the defendants,
Brian Smith, Chris Williams, and Rob Carter, retaliated
against him for accessing the institution's grievance
process. Specifically, the plaintiff alleges that defendant
Brian Smith, Warden of Putnamville, ordered prison staff to
reassign the plaintiff to a job cleaning toilets in
retaliation for filing grievances related to his exclusion
from work based upon his use of the law library and his
reassignment to a less desirable job based upon
“profiling” by the classification supervisor.
plaintiff alleges that defendant Chris Williams ordered
prison staff to search the plaintiff's cell in
retaliation for filing grievances alleging that Williams
“covered for staff misconduct” when Williams
responded to inmate grievances. This cell search resulted in
the confiscation of his prison litigation manual and a
plaintiff alleges that Rob Carter, IDOC Commissioner, covers
for staff misconduct.
amended complaint includes additional allegations of
misconduct against prison staff not named as defendants in
the amended complaint.
Discussion of Claims
the screening standard to the factual allegations in the
amended complaint certain claims are dismissed while other
claims shall proceed as submitted.
the plaintiffs allegations against people not named as
defendants in the amended complaint are
dismissed. Myles v. United States,
416 F.3d 551, 551-52 (7th Cir. 2005) (“[T]o make
someone a party the plaintiff must specify him in the caption
and arrange for service of process.”) (citing
Fed.R.Civ.P. 10(a) (“In the complaint the title of the
action shall include the names of all the parties.”)).
the claim against the Indiana Department of Correction
Commissioner Rob Carter is dismissed for
failure to state a claim upon which relief can be granted.
The only allegation against him is that he covers for staff
misconduct. This allegation is too vague and fails to allege
personal involvement by the Commissioner in the alleged
retaliation against the plaintiff. “A damages suit
under § 1983 requires that a defendant be personally
involved in the alleged constitutional deprivation.”
Matz v. Klotka,769 F.3d 517, 528 (7th Cir. 2014);
see Minix v. Canarecci,597 F.3d 824, 833 (7th Cir.
2010) (“[I]ndividual liability under § 1983
requires ‘personal involvement in the alleged
constitutional deprivation.'”) (citation and
quotation mark omitted). The plaintiff's ...