Case 2:20-cv-00472-JPH-DLP Document 7 Filed 12/17/20 Page 1 of 8 PageID #: 74
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`MICHAEL R. CARRICO,
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`RICHARD BROWN, et al.
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`v.
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`Defendants.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
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`Plaintiff,
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`No. 2:20-cv-00472-JPH-DLP
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`ORDER SCREENING COMPLAINT
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`Plaintiff Michael R. Carrico, an inmate at Wabash Valley Correctional Facility, filed this
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`complaint alleging that the defendants violated a number of his constitutional rights.
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`I.
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`Screening Standard
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`Because Mr. Carrico is a prisoner, the Court must screen his complaint, dismissing any and
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`all claims that are frivolous or malicious, fail to state a claim for relief, or seek monetary relief
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`against a defendant who is immune from such relief. 28 U.S.C. § 1915A(a)−(c). In determining
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`whether a complaint states a claim, the court applies the same standard as when addressing a
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`motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Cesal v. Moats, 851 F.3d
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`714, 720 (7th Cir. 2017). To survive dismissal, the complaint "must contain sufficient factual
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`matter, accepted as true, to state a claim for relief that is plausible on its face. A claim has facial
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`plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable
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`inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S.
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`662, 678 (2009). Pro se complaints like Mr. Carrico's are construed liberally and held to a less
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`stringent standard than formal pleadings drafted by lawyers. Perez v. Fenoglio, 792 F.3d 768, 776
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`(7th Cir. 2015).
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`1
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`II.
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`The Complaint
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`The complaint names 11 defendants: (1) Warden Richard Brown; (2) Assistant Warden
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`Frank Littlejohn; (3) Assistant Warden Kevin Gilmore; (4) Jerry Snyder; (5) Lieutenant G. Small;
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`(6) Thomas Wellington; (7) Shelby Decker; (8) A. Ledford; (9) Sergeant Cobb; (10) Officer
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`Wallace; and (11) Officer Smith. He seeks damages and injunctive relief.
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`Mr. Carrico alleges five grounds related to five discrete incidents, plus a sixth ground
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`alleging lack of periodic review for his assignment to the solitary confinement unit. The Court will
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`address each in turn, adopting Mr. Carrico's numbering.
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`1.
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`Cold Cell
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`Mr. Carrico alleges that the heater in his unit was broken from February 28 to March 11 or
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`March 12, 2020. During this time, the temperature in his cell ranged from 35 to 55 degrees
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`Fahrenheit. Sergeant Cobb and Officer Smith knew of the cold temperatures but did not provide
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`inmates with blankets or take any other remedial action.
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`On March 2, 2020, Mr. Carrico filed an informal grievance with Mr. Snyder, who
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`forwarded it to Lieutenant Small. Neither took any remedial action.
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`On March 9, 2020, Mr. Carrico filed a formal grievance. He received a response on March
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`31 indicating that the grievance officer would follow up on the officers' failure to provide blankets.
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`On April 14, having observed no follow up, Mr. Carrico wrote to Ms. Decker, who forwarded the
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`letter to Mr. Wellington. Mr. Carrico found Mr. Wellington's response unsatisfactory.
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`As a result of the cold temperatures and other factors, black mold developed in
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`Mr. Carrico's cell and "persist[ed] through the winter months." Mr. Carrico asserts that "requests
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`to have the mold removed went unanswered," but he does not identify which defendants, if any,
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`knew of the mold growth.
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`2
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`Case 2:20-cv-00472-JPH-DLP Document 7 Filed 12/17/20 Page 3 of 8 PageID #: 76
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`2.
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`Boil Order
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`On July 5, 2020, health officials announced a boil order for the Wabash Valley, including
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`Wabash Valley Correctional Facility. Assistant Warden Littlejohn, Assistant Warden Gilmore,
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`Mr. Snyder, and Mr. Wellington knew of the boil order but failed to inform inmates in the solitary
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`confinement unit where Mr. Carrico was housed. Mr. Carrico drank water from the sink in his
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`room on July 5 and July 6. He developed a headache, a sore throat, and voice loss. Mr. Carrico
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`learned of the boil order at 11:00 p.m. on July 6.
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`3.
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`Outdoor Recreation Cell
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`On June 29, July 13, July 18, and August 1, 2020, Mr. Carrico's outdoor recreation cell was
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`fully or partially flooded. According to Mr. Carrico, this standing water contains bird feces, human
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`feces, and urine. Mr. Wellington and Lieutenant Small were aware of the problem but took no
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`remedial action.
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`4.
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`Lack of Cold Water
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`For six weeks in August and September 2019, Mr. Carrico could obtain only hot water, not
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`cold, from the sink in his cell. Officers inconsistently provided Styrofoam cups with water at meal
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`times. Officer Wallace, in particular, failed to provide Mr. Carrico with water at breakfast and
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`lunch one day.
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`5.
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`Solitary Confinement Unit Visitation Rules
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`Mr. Carrico alleges that Warden Brown, Assistant Warden Littlejohn, Assistant Warden
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`Gilmore, and Mr. Snyder do not allow in-person visits for inmates in the solitary confinement unit.
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`Instead, visits are conducted by two-way monitors so the inmates must remain in their cells.
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`Since March 2020, no in-person visits are allowed at Wabash Valley Correctional
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`Facility—presumably in response to the ongoing pandemic. During this time, general population
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`3
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`inmates have been provided weekly Tel-Link video visits. Inmates in the solitary confinement unit
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`are limited to telephone calls and email.
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`6.
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`Lack of Periodic Review
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`Mr. Carrico alleges that he was assigned to the solitary confinement unit from
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`August 10, 2018, to August 21, 2020, with no meaningful conduct review. On August 21, 2020,
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`he was reclassified, but his new cell remains in the solitary confinement unit, and he is being
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`treated as if he were still in segregation. Warden Brown, Assistant Warden Littlejohn, Assistant
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`Warden Gilmore, Mr. Snyder, and Mr. Ledford have failed to provide meaningful periodic review.
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`III. Discussion
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`A.
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`Claims to Proceed
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`Mr. Carrico's claim alleging cold temperatures in his cell SHALL PROCEED as an Eighth
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`Amendment deliberate indifference claim against Mr. Snyder, Lieutenant Small, Sergeant Cobb,
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`and Officer Smith.
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`Mr. Carrico's claim alleging that prison staff failed to notify him of a boil order SHALL
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`PROCEED as an Eighth Amendment deliberate indifference claim against Assistant Warden
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`Littlejohn, Assistant Warden Gilmore, Mr. Snyder, and Mr. Wellington.
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`Mr. Carrico's claim that he has not received meaningful periodic review of his solitary
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`confinement status SHALL PROCEED as a due process claim against Warden Brown, Assistant
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`Warden Littlejohn, Assistant Warden Gilmore, Mr. Snyder, and Mr. Ledford.
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`Mr. Carrico's claim that he is being denied visitation opportunities SHALL PROCEED as
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`a First Amendment clam against Warden Brown, Assistant Warden Littlejohn, Assistant Warden
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`Gilmore, Mr., Snyder, and Mr. Ledford.
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`4
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`This summary includes all viable claims identified by the Court. If Mr. Carrico believes
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`that additional claims were alleged in the complaint but not identified by the Court, then he shall
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`have through December 31, 2020, to identify those claims.
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`B.
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`Claims to Be Dismissed
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`Mr. Carrico's claims against Warden Brown, Assistant Warden Littlejohn, Assistant
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`Warden Gilmore, Mr. Ledford, Mr. Wellington, and Mr. Decker regarding cold temperatures in
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`his cell are DISMISSED for failure to state a claim upon which relief may be granted.
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`The complaint does not allege that Warden Brown, Assistant Warden Littlejohn, Assistant
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`Warden Gilmore, or Mr. Ledford knew of his cold cell. The complaint does allege that
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`Mr. Wellington and Mr. Decker knew of his cold cell on or after April 14, 2020—more than a
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`month after the problem was resolved. Because the complaint does not allege that any of these
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`defendants knew of the cold temperatures in Mr. Carrico's cell while the problem was ongoing, he
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`has failed to allege that they were deliberately indifferent to his health and safety. See Colbert v.
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`City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (personal involvement in a constitutional
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`deprivation required for liability under 42 U.S.C. § 1983).
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`Any claim against Lieutenant Small regarding the boil order is DISMISSED for failure to
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`state a claim upon which relief can be granted. The complaint mentions Lieutenant Small in
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`Ground 2 of the "Cause of Action" section, but it makes no factual allegations against Lieutenant
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`Small in the statement of facts. The complaint therefore contains insufficient factual content
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`regarding Lieutenant Small's role in the alleged constitutional violation. See Iqbal, 556 U.S. at 678.
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`All claims regarding the flooded recreation cell are DISMISSED for failure to state a
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`claim upon which relief can be granted. Prison officials must take reasonable measures to
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`guarantee the safety of the inmates and ensure that they receive the "minimal civilized measure
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`5
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`of life’s necessities," including adequate food, clothing, shelter, and medical care. Farmer v.
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`Brennan, 511 U.S. 825, 834 (1994). Prison officials violate the Eighth Amendment by
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`demonstrating deliberate indifference to a known risk of serious harm. See, e.g., Gevas v.
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`McLaughlin, 798 F.3d 475, 480 (7th Cir. 2015) ("[A] prison official is liable for failing to protect
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`an inmate . . . only if the official 'knows of and disregards an excessive risk to inmate health or
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`safety.'") (quoting Farmer, 511 U.S. at 837 (1994)). The flooded recreation cell did not create a
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`risk of serious harm. As Mr. Carrico acknowledges, he could have chosen not to enter the
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`recreation cell. See dkt. 2, ¶ 65. He has a constitutional right to some form of exercise, see Turley
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`v. Rednour, 729 F.3d 645, 652 (7th Cir. 2013), but four days of lost recreation time due to standing
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`water in his recreation cell would not constitute a violation of that right.
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`For similar reasons, all claims regarding the lack of cold water in Mr. Carrico's cell are
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`DISMISSED for failure to state a claim upon which relief can be granted. As Mr. Carrico
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`acknowledges, he had access to hot water even when his cell sink had no cold water. Drinking hot
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`water (or waiting for the water to cool before drinking it) might be inconvenient and unpleasant
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`but does not state a claim on these facts. Mr. Carrico has therefore failed to allege that any
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`defendant violated the Eighth Amendment by failing to provide him with cold water.
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`III.
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`Further Proceedings
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`The clerk is directed to terminate Thomas Wellington, Shelby Decker, and Officer
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`Wallace from the docket.
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`The clerk is directed to issue process to defendants (1) Richard Brown, (2) Frank
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`Littlejohn, (3) Kevin Gilmore, (4) Jerry Snyder, (5) Lieutenant G. Small, (6) A. Ledford,
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`(7) Sergeant Cobb, and (8) Officer Smith. See Fed. R. Civ. P. 4(c)(3), 4(d). Process shall consist
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`6
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`of the complaint, dkt. [2], applicable forms (Notice of Lawsuit and Request for Waiver of Service
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`of Summons and Waiver of Service of Summons), and this Order.
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`SO ORDERED.
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`7
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`Date: 12/17/2020
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`Case 2:20-cv-00472-JPH-DLP Document 7 Filed 12/17/20 Page 8 of 8 PageID #: 81
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`Distribution:
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`MICHAEL R. CARRICO
`106495
`WABASH VALLEY – CF
`WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
`Electronic Service Participant – Court Only
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`Electronic service to Indiana Department of Correction employees
`(all employed at Wabash Valley Correctional Facility):
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`Richard Brown
`Frank Littlejohn
`Kevin Gilmore
`Jerry Snyder
`Lieutenant G. Small
`A. Ledford
`Sergeant Cobb
`Officer Smith
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`8
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