Case 2:20-cv-00589-JPH-MJD Document 11 Filed 06/10/21 Page 1 of 4 PageID #: 27
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`
`DAKOTA LINTZ,
`
`
`
`
`Plaintiff,
`
`v.
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 2:20-cv-00589-JPH-MJD
`
`
`ROBERT E. CARTER, JR., et al.
`
`
`
`
`
`
`ORDER SCREENING AND DISMISSING THE COMPLAINT
`AND PROVIDING OPPORTUNITY TO AMEND
`
`Plaintiff Dakota Lintz, an inmate at Wabash Valley Correctional Facility ("WVCF"),
`
`brings this action pursuant to 42 U.S.C. § 1983, alleging the defendants violated his civil rights.
`
`Because Mr. Lintz 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.
`
`I.
`SCREENING STANDARD
`
`Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint, or any portion of
`
`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). To survive dismissal,
`
`[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.
`
`
`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`
`DAKOTA LINTZ,
`
`
`
`
`Plaintiff,
`
`v.
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 2:20-cv-00589-JPH-MJD
`
`
`ROBERT E. CARTER, JR., et al.
`
`
`
`
`
`
`ORDER SCREENING AND DISMISSING THE COMPLAINT
`AND PROVIDING OPPORTUNITY TO AMEND
`
`Plaintiff Dakota Lintz, an inmate at Wabash Valley Correctional Facility ("WVCF"),
`
`brings this action pursuant to 42 U.S.C. § 1983, alleging the defendants violated his civil rights.
`
`Because Mr. Lintz 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.
`
`I.
`SCREENING STANDARD
`
`Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint, or any portion of
`
`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). To survive dismissal,
`
`[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.
`
`
`
`
`1
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`
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`Case 2:20-cv-00589-JPH-MJD Document 11 Filed 06/10/21 Page 2 of 4 PageID #: 28
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`Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017).
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`Pro se complaints such as that filed by the plaintiff are construed liberally and held to "a less
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`stringent standard than pleadings drafted by lawyers." Cesal, 851 F.3d at 720.
`
`II.
`THE COMPLAINT
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`The complaint names the following defendants: Robert E. Carter, Jr., Jerry Snyder, Frank
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`Vanihel, Frank Littlejohn, and Lieutenant Smalls. Mr. Lintz is seeking injunctive relief.
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`The complaint makes the following allegations. The Indiana Department of Correction has
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`instituted Administrative Policy and Procedure 02-04-102. The policy provides that inmates held
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`on disciplinary restrictive status housing for periods exceeding 60 days are provided the same
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`program services and privileges as inmates in administrative restrictive status housing and
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`protective custody; programs and services shall include, but are not limited to, educational
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`services, commissary services, independent studies, library services, self-help, social services,
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`counseling services, religious guidance, and recreational programs. Officials at WVCF have
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`violated this policy by denying inmates, like Mr. Lintz, access to commissary services.
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`III.
`DISCUSSION
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`The complaint is dismissed for failure to state a claim upon which relief may be
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`granted. A prison's violation of its own policies and procedures does not create a per se
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`constitutional violation. Estate of Simpson v. Gorbett, 863 F.3d 740, 746 (7th Cir. 2017) ("Section
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`1983 protects against constitutional violations, not violations of departmental regulation and
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`practices.") (cleaned up). Even liberally construed, the complaint does not create a reasonable
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`inference that the violation of Administrative Policy and Procedure 02-04-102 has deprived
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`Mr. Lintz of "the minimal civilized measure of life's necessities" in violation of the Eighth
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`2
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`Case 2:20-cv-00589-JPH-MJD Document 11 Filed 06/10/21 Page 3 of 4 PageID #: 29
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`Amendment. See Hudson v. McMillian, 503 U.S. 1, 9 (1992). Nor does the complaint state an
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`equal protection claim, as it does not allege that Mr. Lintz has been subject to disparate treatment
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`because of his membership in a protected class. See Brown v. Budz, 398 F.3d 904, 916 (7th Cir.
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`2005) ("To establish a prima facie case of discrimination under the equal protection clause,
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`[plaintiff is] required to show that he is a member of a protected class, that he is otherwise
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`similarly situated to members of the unprotected class, and that he was treated differently
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`from members of the unprotected class."). Because the complaint does not state a federal claim,
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`it must be dismissed.
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`IV.
`OPPORTUNITY TO AMEND
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`The dismissal of the complaint does not mean the action is dismissed. Mr. Lintz may avoid
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`dismissal of the action by filing an amended complaint by June 25, 2021. The amended complaint
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`must include the correct case number, 2:20-cv-00589-JPH-MJD, and the words "Amended
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`Complaint" at the top. The amended complaint will completely replace the original; therefore, it
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`must set forth every defendant, allegation, and request for relief. If Mr. Lintz files an amended
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`complaint, it will be screened pursuant to 28 U.S.C. § 1915A(a). If Mr. Lintz does not file an
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`amended complaint within the deadline, the action will be dismissed without further warning or
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`ability to show cause.
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`SO ORDERED.
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`3
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`Date: 6/10/2021
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`
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`Case 2:20-cv-00589-JPH-MJD Document 11 Filed 06/10/21 Page 4 of 4 PageID #: 30
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`Distribution:
`
`DAKOTA LINTZ
`261904
`WABASH VALLEY - CF
`WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
`6908 S. Old US Hwy 41
`P.O. Box 1111
`CARLISLE, IN 47838
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`4
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