United States District Court, S.D. Indiana, Terre Haute Division
Adam Crandall BLEEKE DILLON CRANDALL ATTORNEYS
ENTRY SCREENING COMPLAINT, SEVERING CLAIMS, AND
DIRECTING ISSUANCE OF PROCESS
Patrick Hanlon, United States District Judge
Lance Walters is an inmate at Putnamville Correctional
Facility. Because Mr. Walters 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 defendants.
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 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).
complaint concerns incidents that occurred while Mr. Walters
was incarcerated at Plainfield Correctional Facility (PCF)
from approximately 2016-2017. Mr. Walters asserts claims
against 18 defendants. They include:
• Wexford Health Sources, Inc., which has contracted to
provide medical services to Indiana Department of Correction
• Corizon Medical Services, Inc., which preceded Wexford
as the IDOC's medical provider;
• eight medical professionals employed by Wexford and
Corizon to treat PCF inmates; and
• eight IDOC employees at PCF.
Walters asserts four groups of claims. The first concerns his
treatment for skin lesions, which ultimately proved to be a
symptom of lupus. Medical professionals Bethany Chidley,
Murat Polar, Loice Mukona, John Reynolds, and Dawn Antle
dismissed the lesions as a rash and refused to treat them for
at least seven months.
second group of claims concerns the prison staff's
treatment of Mr. Walters after he was diagnosed with lupus.
Due to joint pain and muscle weakness, a doctor ordered that
Mr. Walters be provided with a wheelchair and two-piece
clothing (as opposed to a one-piece jumpsuit, which was more
difficult to put on). On multiple occasions, Sergeant Eads
and Nurses Becky Trivett and Dawn Antle took away the
wheelchair and two-piece clothing even though they were
ordered by a doctor. Mr. Walters sought assistance from
Rachael Houghton, Stanley Knight, Raymond Kinneson, and
Lieutenant Roach, but they ignored his complaints.
third group of claims concerns treatment for an injury Mr.
Walters suffered while using a broken wheelchair. At one
point, the wheelchair provided to Mr. Walters was damaged and
caused him to cut his hand. An officer Mr. Walters refers to
as Jane Doe saw Mr. Walters cut himself but refused to call
for help. Mr. Walters complained about ...