United States District Court, S.D. Indiana, Indianapolis Division
LOWELL B. SMITH, DONALD G. DOWDEN, EDDIE JAMES BROWN, JR., MELVIN GENE FOREE, JARED ALLEN MICHAEL PARTON, DANIEL L. ROBBINS, SEAN GARRET GRIFFITH, SEAN ROBERTS, JADEN L. BALLARD, RANDY HAKIM WILSON, ANTON LAMONT THOMPSON, JARED EVANS, DAVID COPP, KENNETH COLE SIDWELL, Plaintiffs,
MATT MYERS, BOOTH, Defendants.
ENTRY RESOLVING PENDING MOTIONS, DISMISSING ACTION
AND DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
plaintiffs are a group of 14 inmates who were incarcerated at
the Bartholomew County Jail for a period of time. The
plaintiffs joined together to file this civil action against
Sheriff Matt Myers and Officer Booth. According to the
Complaint, on July 18, 2018, the plaintiffs were allegedly
subjected to Officer Booth's inappropriate and
unprofessional conduct. Specifically, when Officer Booth was
returning clean laundry to the housing unit, some inmates
complained that their laundry had not been picked up for
cleaning earlier in the morning. In response, Officer Booth
I don't know how you didn't hear me because I've
got a big f***ing mouth and I hollered five or six different
times. I've also got a big f***ing dick. Do you want to
Dkt. 1. Then the officer allegedly grabbed his penis. For the
reasons explained in the Entry of July 30, 2018, the
complaint was dismissed for failure to state a claim upon
which relief may be granted pursuant to 28 U.S.C. §
1915A. Dkt. 4. The plaintiffs were given a period of time in
which to show cause why Judgment should not enter and to pay
the filing fee or seek leave to proceed in forma pauperis.
That deadline has now passed.
Plaintiff Randy Hakim Wilson
Randy Hakim Wilson filed a motion to proceed in this case on
August 17, 2018 (signed August 15, 2018). Less than a week
later, Mr. Wilson filed a Motion to Withdraw. Accordingly,
the motion to withdraw, dkt , is granted
and the motion to proceed, dkt , is denied as
Plaintiff Lowell B. Smith
Lowell B. Smith was granted leave to proceed without the
prepayment of the filing fee. Dkt. 10. Thus, his subsequent
motion for leave to proceed in forma pauperis, dkt
, is denied as moot.
Smith's three motions for time to file an amended
complaint to add Jail Commander Martoccia as a defendant to
this case and “stating the same facts” raised in
the original complaint, dkts ,  and , are
granted. The amended complaint filed on
August 29, 2018, has been considered.
amended complaint is based on the same facts as the original
complaint and names Jail Commander Martoccia, Sheriff Matt
Myers and Special Deputy Officer Booth as defendants. The
amended complaint is dismissed for the same reason as the
original complaint. That is, the facts alleged are
insufficient to state a federal claim for relief and adding
additional defendants does not change that outcome. In
addition, Mr. Smith has two other actions already pending:
Smith v. Martoccia, et al., 1:18-cv-2319-JMS-MJD
(filed July 30, 2018) and Smith v. Martoccia, et
al., 1:18-cv-2355-RLY-TAB (filed August 1, 2018). To the
extent there is viable claim that can be alleged against Jail
Commander Martoccia, it may be raised in one of Mr.
Smith's other pending actions.
amended complaint filed on August 29, 2018, is dismissed for
failure to state a claim upon which relief may be granted
pursuant to 28 U.S.C. § 1915A.
clerk is directed to update the docket to
reflect that Lowell B. Smith is the only plaintiff remaining
in this action. All other plaintiffs have voluntarily
abandoned this action. See dkt. 4 at p. 4.
clerk is further directed to update the
docket to reflect Mr. Smith's mailing address consistent