United States District Court, S.D. Indiana, Indianapolis Division
ORDER SCREENING COMPLANT, SEVERING CERTAIN CLAIMS,
DISMISSING INSUFFICIENT CLAIMS, AND DIRECTING SERVICE OF
WALTON PRATT, JUDGE.
matter is before the Court for on a Complaint for Damages and
Injunctive Relief, filed by Plaintiff Michael Orr (“Mr.
Orr”) on November 2, 2018. (Dk. 2). For the reasons
stated below certain claims are severed, others are dismissed
and service of process is directed.
is a prisoner currently incarcerated at Westville
Correctional Facility. Because the plaintiff is a
“prisoner” as defined by 28 U.S.C. §
1915A(c), this Court has an obligation under 28 U.S.C. §
1915A(b) to screen his complaint before service on the
defendants. 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 Cesal v. Moats, 851 F.3d 714, 720 (7th Cir.
2017). 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. Orr are
construed liberally and held to a less stringent standard
than formal pleadings drafted by lawyers. Perez v.
Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015) (internal
brings this action pursuant to 42 U.S.C. § 1983 alleging
that his Eighth Amendment rights were violated while he was
incarcerated at the New Castle Correctional Facility (New
Castle) and the Westville Correctional Facility (Westville).
He names as defendants from New Castle: GEO Group, Warden
Keith Butts, Deputy Warden John Doe, Correctional Lieutenant
Storms, John Doe 1, John Doe 2, John Doe 3, John Doe 4,
Wexford, Dr. Ippel, Nurse Davis, and Nurse Jane Doe. He names
as defendants from Westville: Dr. Andrew Liaw, Nurse
Katherine Hutchinson, Physical Therapist John Doe, Warden
Mark Servier, and Correctional Captain Carter. He sued each
defendant in their individual capacity and official capacity.
He seeks injunctive relief and money damages.
September 29, 2017, while Mr. Orr was incarcerated at New
Castle, he threatened suicide, refused hand restraints,
refused to leave his cell, and placed a sheet around his
neck. Several officers arrived at Mr. Orr's cell. After
pepper spraying and gassing him, a tactical team comprised of
defendants John Doe 1, 2, 3, and 4, entered the cell to
prevent the suicide attempt. Mr. Orr laid down on his bed and
the tactical team applied leg restrains. John Doe 1 then
forcibly twisted and bent Mr. Orr's left arm behind his
back using extreme pressure. Mr. Orr heard popping sounds.
John Doe 1 did the same thing to Mr. Orr's right arm.
John Does 2, 3, and 4 stood and watched this occur. The
tactical team then took Mr. Orr to the medical unit.
Nurse Davis and Nurse Jane Doe told Mr. Orr he had no
injuries. He complained of pain and received a shot of
Toradol for the pain. As a result of this incident, Mr. Orr
was in extreme pain and suffered eating and sleeping
disturbances. Defendant Storms threatened to withhold medical
care if Mr. Orr continued to refuse his meals.
October 5, 2017, Mr. Orr saw defendant Dr. Ippel. Dr. Ippel
told Mr. Orr that his elbows may need casting but that he was
potentially being transferred out of New Castle soon. Dr.
Ippel did not order x-rays or otherwise provide Mr. Orr any
medical care for his arm injury.
alleges that Warden Butts, GEO Group, and Wexford have an
“access to care” policy but Storms, Butts, and
Assistant Warden Doe failed to ensure that he was given pain
relief. He also alleges that Butts failed to enforce medical
polices and instead transferred him to Westville, and that
Ippel, Storms, and Assistant Warden Doe failed to properly
and timely diagnose him. Finally, he alleges that GEO Group
has a policy and practice of saving money instead of
providing most appropriate medical care to inmates.
was transferred to the Westville Correctional Facility on
October 6, 2017. He alleges that the Westville defendants
were deliberately indifferent to his serious medical needs
when they failed to provide or delayed appropriate medical
treatment to his injured arms and failed to provide him pain
medication. Mr. Orr alleges that Warden Servier and Wexford
have an “access to care” policy but Warden
Servier failed to ensure that he was given pain relief.