United States District Court, S.D. Indiana, Indianapolis Division
Findley INDIANA ATTORNEY GENERAL
Matthew Stephen Koressel INDIANA ATTORNEY GENERAL
Jean Shores INDIANA OFFICE OF THE ATTORNEY GENERAL
Michael Stover INDIANA ATTORNEY GENERAL
ENTRY SCREENING SIXTH AMENDED COMPLAINT, DISMISSING
INSUFFICIENT CLAIMS, AND DIRECTING FURTHER
Patrick Hanlon, United States District Judge
November 18, 2019, the plaintiff filed a sixth amended
complaint. Dkt. 109. The plaintiff, Virgil Griffin, is an
inmate currently incarcerated at Pendleton Correctional
Facility (“PCF”). Dkt. 109. Because Mr. Griffin
is a “prisoner” as defined by 28 U.S.C. §
1915A(c), this Court has an obligation under 28 U.S.C. §
1915A(a) to screen his complaint before service on the
Screening of the Complaint
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
[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).
Griffin brings this case under 42 U.S.C. § 1983. He
names several defendants: 1) Case Work Manager Chad Evans; 2)
Dr. Ciemone Easter-Rose; 3) Mental Health Specialist Perdue;
4) Lieutenant Ernest; 5) Sergeant Holmes; 6) Dr. Talbot; 7)
Director of Nursing Stephens; 8) Nurse Moore-Groves; 9)
Correctional Officer Fish; 10) Nurse Walker; 11) Lieutenant
McCutcheon; 12) Sergeant Sarten; and 13) Wexford Health. He
seeks injunctive relief and monetary damages.
Griffin alleges that, on February 11, 2019, inmate Ryan
Eslick stabbed him with a “spear.” Dkt. 109 at 6.
This occurred while Mr. Eslick was in the shower and Mr.
Griffin was passing by the shower. Mr. Griffin alleges that,
prior to this incident, Mr. Eslick had warned Lieutenant
Ernest, Mental Health Specialist Perdue, and Dr. Easter-Rose
that he would assault people and continue to escalate his
assaults until he was provided appropriate mental health
treatment. Mr. Griffin further alleges that Sergeant Holmes
knew that Mr. Eslick needed to shower separately because he
had previously assaulted another inmate ...