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Turner v. Delaware County Jail

United States District Court, S.D. Indiana, Indianapolis Division

March 7, 2019

DAVID J. TURNER, Plaintiff,
v.
DELAWARE COUNTY JAIL, Defendant.

          ENTRY SCREENING AND DISMISSING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS

          TANYA WALTON PRATT, JUDGE

         Plaintiff David Turner is an inmate confined at the Delaware County Jail. This action was removed to this Court from the Delaware County Circuit Court. Dkt. 1. Because Mr. Turner 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.

         I. Screening Standard

         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 the plaintiff 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 quotation omitted).

         II. The Complaint

         Mr. Turner's complaint, dkt. 1-3 at 21-22, names the Delaware County Jail as the sole defendant.[1] Mr. Turner lists eight conditions he says have caused him trauma, stress, mental anguish, distress, pain, and suffering:

(1) Sheriff Ray Dudley does not segregate inmates according to the seriousness of their alleged offenses;
(2) the jail is overcrowded;
(3) the ventilation system is filthy and not working;
(4) there is no recreation or exercise area available to inmates;
(5) the jail is insufficiently staffed;
(6) inmates have limited access to toilets in the dayroom ...

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