Case 2:20-cv-00104-JPH-DLP Document 17 Filed 07/20/20 Page 1 of 4 PageID #: 52
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`AARON SCOTT,
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`ROBERT E. CARTER,
`CHARLES DUGAN,
`RICHARD BROWN,
`RANDALL PURCEL,
`JERRY SNYDER,
`JACK HENDRIX,
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
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`No. 2:20-cv-00104-JPH-DLP
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`Plaintiff,
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`v.
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`Defendants.
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`ENTRY SCREENING COMPLAINT AND DIRECTING SERVICE OF PROCESS
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`Plaintiff Aaron Scott is an inmate at Wabash Valley Correctional Facility (WVCF).
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`Because Mr. Scott is a "prisoner" as defined by 28 U.S.C. § 1915A(c), this Court has an obligation
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`under 28 U.S.C. § 1915A(a) to screen his complaint.
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`I. Screening Standard
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`Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous
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`or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is
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`immune from such relief. In determining whether the complaint states a claim, the Court applies
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`the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure
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`12(b)(6). See Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017). To survive dismissal,
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`[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.
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`Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by Mr. Scott are
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`Case 2:20-cv-00104-JPH-DLP Document 17 Filed 07/20/20 Page 2 of 4 PageID #: 53
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`construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers.
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`Cesal, 851 F.3d at 720 (citing Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015)).
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`II. The Complaint
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`The complaint concerns Mr. Scott's confinement in administrative segregation while at
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`WVCF beginning in 2018, a period Mr. Scott alleges totals one year and six months. Dkt. 1 at 3.
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`Mr. Scott names the following defendants in his complaint: (1) Charles Dugan, WVCF Case
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`Worker; (2) Richard Brown, WVCF Warden; (3) Randall Purcel, WVCF Case Worker Manager;
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`(4) Jerry Snyder, WVCF Unit Team Manager; (5) Jack Hendrix, WVCF Director of Classification;
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`and (6) Robert E. Carter, Indiana Department of Correction (IDOC) Commissioner. Id. at 2.
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`Mr. Scott alleges that he was placed in administrative segregation without being told he
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`could appeal such placement. Id. at 3. Mr. Scott alleges that he has tried to appeal his reviews but
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`"does not receive any classification forms when requested[.]" Id. at 4. While in segregation, Mr.
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`Scott alleges that he is kept in his cell 23 hours a day, is handcuffed and shackled whenever he
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`leaves his cell, can only shower three times per week, eats alone from food trays passed through
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`the narrow opening in his cell door, is allowed no physical contact with any visitors, and has a
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`security light that remains turned on for 24 hours a day that disturbs his sleep. Id. at 3.
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`Mr. Scott alleges that he has not received periodic reviews regarding his placement in
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`segregation as required by Indiana Code § 11-10-1-7(b) and the Fourteenth Amendment and did
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`not receive reviews from March 29, 2018, to February 6, 2020. Id. at 3-4. Mr. Scott alleges that
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`he "receives nothing but perfunctory (30) days reviews only learning about them after the fact
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`when a copy of the form is placed into his mailbag." Id. Mr. Scott alleges that each of the
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`defendants was responsible for his prolonged administrative segregation confinement because he
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`or she denied Mr. Scott meaningful reviews, completed perfunctory reviews, or failed to properly
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`train or supervise subordinates or otherwise ensure that meaningful reviews took place.
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`Mr. Scott asserts Eighth and Fourteenth Amendment claims against the defendants and
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`seeks compensatory and punitive damages. Id. at 5-9.
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`III. Discussion of Claims
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`Mr. Scott's Eighth and/or Fourteenth Amendment claims against each of the defendants
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`pursuant to 42 U.S.C. § 1983 shall proceed.
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`IV. Issuance of Service
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`The clerk is directed to issue process to defendants: (1) Charles Dugan, WVCF Case
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`Worker; (2) Richard Brown, WVCF Warden; (3) Randall Purcel, WVCF Case Worker Manager;
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`(4) Jerry Snyder, WVCF Unit Team Manager; (5) Jack Hendrix, WVCF Director of Classification;
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`and (6) Robert E. Carter, IDOC Commissioner, in the manner specified by Federal Rule of Civil
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`Procedure 4(d). Process shall consist of the complaint (docket 1), applicable forms (Notice of
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`Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and
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`this Entry. The clerk is directed to serve the IDOC employees electronically.
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`V. Conclusion
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`The claims discussed in Part III are the only claims the Court identified in this complaint.
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`If the plaintiff believes that additional claims were alleged in the complaint, but not identified by
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`the Court, he shall have through August 10, 2020, to notify the Court. The clerk is directed to
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`issue service of process to the defendants in the manner specified in Part IV.
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`SO ORDERED.
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`3
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`Date: 7/20/2020
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`Case 2:20-cv-00104-JPH-DLP Document 17 Filed 07/20/20 Page 4 of 4 PageID #: 55
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`Distribution:
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`AARON SCOTT
`245197
`WABASH VALLEY - CF
`WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
`Electronic Service Participant – Court Only
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`By electronic service to the Indiana Department of Correction:
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`Charles Dugan
`Richard Brown
`Randall Purcel
`Jerry Snyder
`Jack Hendrix
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`Robert E. Carter, IDOC Commissioner
`302 W. Washington Street, Room E-334
`Indianapolis, IN 46204
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`4
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