United States District Court, S.D. Indiana, Indianapolis Division
DAVID J. TURNER, Plaintiff,
DELAWARE COUNTY JAIL, Defendant.
ENTRY SCREENING AMENDED COMPLAINT AND DIRECTING
WALTON PRATT, UNITED STATES DISTRICT COURT.
David Turner is an inmate at the Delaware County Jail.
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 amended complaint,
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 Cesal v. Moats, 851 F.3d 714, 720 (7th Cir.
2017). To survive dismissal, the amended 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
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se
pleadings 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).
Turner asserts that the conditions of his confinement at the
Jail violate his constitutional rights. He has supported his
claims by describing eight specific conditions:
(1) Inmates are not segregated based on the nature of their
alleged offenses or the risk they present to others.
(2) The jail is overcrowded. Thirty inmates are being housed
in a cell block with capacity for twenty-four.
(3) The ventilation system is filthy and is not working.
(4) Inmates are confined to their cell blocks 24 hours per
day, seven days per week, without any access to a recreation
or exercise space.
(5) The Jail's staff is too small to properly supervise
(6) The toilets are set to flush a limited number of times
per hour. Due to the number of inmates, the toilets do not