United States District Court, S.D. Indiana, Terre Haute Division
ENTRY ON PENDING MOTIONS
William T. Lawrence, Judge United States District Court
matter is before the Court for resolution of several motions
recently filed by Plaintiff Quintero Lawrence Hayes.
Motion to Amend Complaint
Hayes's motion for leave to file an amended complaint,
Dkt. No. 48, is granted. The clerk
is directed to file the tendered pleading, Dkt. No.
48-1, as the amended complaint. This litigation shall proceed
with the amended complaint as the operative pleading in the
Screening of Amended Complaint
Mr. Hayes is a prisoner, his amended complaint is subject to
the screening requirements of 28 U.S.C. § 1915A.
Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss
the amended 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 amended 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 Mr. Hayes 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).
amended complaint is substantially similar to the original
complaint, which alleges that medical assistance was delayed
or refused for three days while Mr. Hayes experienced serious
medical conditions, including acute kidney failure. A
thorough discussion of Mr. Hayes's claims can be found in
the Court's entry screening the original complaint, Dkt.
No. 10, and need not be reproduced here, as the amended
complaint primarily adds factual allegations to support the
claims pled in the original complaint.
the amended complaint adds Nurse Tara Powers as a defendant.
The amended complaint alleges that, before Mr. Hayes began to
experience more advanced symptoms of his serious medical
conditions, Nurse Powers collected a urine sample for
testing, learned of abnormalities in the test results, and
failed to alert Mr. Hayes or take other appropriate action.
The amended complaint asserts plausible claims against Nurse
Powers for exhibiting deliberate indifference to a serious
medical need in violation of Mr. Hayes's Eighth Amendment
rights and for medical malpractice and intentional infliction
of emotional distress under Indiana law. These claims shall
proceed as submitted.
viable claims acknowledged in the Court's screening of
the original complaint shall continue to proceed as
submitted. These include deliberate indifference,
medical malpractice, and intentional infliction of emotional
distress claims against Dr. Samuel Byrd and Nurses Dea Ann
Gilfillan, Kelly Kaiser, and Donna Lockhart; a
failure-to-train claim against supervising nurse Kim Hobson;
and a practice-or-policy claim against Corizon Health
summary of claims includes all of the viable claims
identified by the Court. All other claims have been
dismissed. If Mr. Hayes believes that additional claims were
alleged in the amended complaint, but not identified by the
Court he shall have through June 15, 2018,
in which to identify those claims.
Service of Process and Further Proceedings
clerk is designated pursuant to Federal Rule
of Civil Procedure 4(c)(3) to issue process to Defendant Tara
Powers in the manner specified by Federal Rule of Civil
Procedure 4(d). Process shall consist of the amended
complaint, applicable forms (Notice of Lawsuit and Request
for Waiver of Service of Summons and Waiver of Service of
Summons), and this entry. The clerk ...