Case 2:23-cv-00078-JPH-MKK Document 174 Filed 02/24/25 Page 1 of 4 PageID #:
`1853
`
`
`ANTHONY MARTIN,
`
`
`
`CHRISTOPHER HOLCOMB Lt., et al.,
`
`
`v.
`
`Defendants.
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 2:23-cv-00078-JPH-MKK
`
`Anthony Martin alleges the defendants violated his Eighth Amendment
`
`ORDER
`
`rights by failing to adequately maintain the plumbing system at Wabash Valley
`
`Correctional Facility and respond reasonably when sewage flooded his cell. The
`
`defendants moved for summary judgment on April 16, 2024, dkt. 84, and their
`
`motion remains pending.
`
`
`
`On June 7, 2024, the defendants moved for sanctions against Mr.
`
`Martin. Dkt. 106. The subjects of their motion are inmate grievances and
`
`requests for interview that Mr. Martin filed in opposition to summary
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`judgment. Dkt. 107. The defendants assert that Mr. Martin falsified these
`
`documents. Id.
`
`
`
`The Court held an evidentiary hearing on December 10, 2024, to resolve
`
`factual disputes material to the sanctions motion. Dkt. 165. The parties
`
`presented evidence from six witnesses and submitted post-hearing briefs. Id.;
`
`dkts. 167, 168.
`
`
`
`1
`
`
`1853
`
`
`ANTHONY MARTIN,
`
`
`
`CHRISTOPHER HOLCOMB Lt., et al.,
`
`
`v.
`
`Defendants.
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 2:23-cv-00078-JPH-MKK
`
`Anthony Martin alleges the defendants violated his Eighth Amendment
`
`ORDER
`
`rights by failing to adequately maintain the plumbing system at Wabash Valley
`
`Correctional Facility and respond reasonably when sewage flooded his cell. The
`
`defendants moved for summary judgment on April 16, 2024, dkt. 84, and their
`
`motion remains pending.
`
`
`
`On June 7, 2024, the defendants moved for sanctions against Mr.
`
`Martin. Dkt. 106. The subjects of their motion are inmate grievances and
`
`requests for interview that Mr. Martin filed in opposition to summary
`
`judgment. Dkt. 107. The defendants assert that Mr. Martin falsified these
`
`documents. Id.
`
`
`
`The Court held an evidentiary hearing on December 10, 2024, to resolve
`
`factual disputes material to the sanctions motion. Dkt. 165. The parties
`
`presented evidence from six witnesses and submitted post-hearing briefs. Id.;
`
`dkts. 167, 168.
`
`
`
`1
`
`
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`Case 2:23-cv-00078-JPH-MKK Document 174 Filed 02/24/25 Page 2 of 4 PageID #:
`1854
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`With his response, Mr. Martin included an affidavit attesting that
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`nondefendant Ashlynn Gonthier confessed during a chance encounter on
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`January 22 that she and other witnesses colluded with defense counsel to
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`misrepresent facts and then lied at the evidentiary hearing. Dkt. 168 at 15–20.
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`The defendants filed a brief response and offered to file a more fulsome
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`response supported by evidence. Dkt. 169.
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`
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`Mr. Martin followed with four additional motions related to his new
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`allegations of misconduct by the defendants and their counsel. Dkts. 170, 171,
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`172, and 173.
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`
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`The defendants will have through March 5, 2025, to submit a
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`supplemental post-hearing brief, not to exceed 10 pages (excluding exhibits),
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`limited to responding to Mr. Martin's sworn statements in his post-hearing
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`affidavit, dkt. 168 at 15–20. In the absence of advance permission from the
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`Court, no additional briefs or evidence from any party will be considered.
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`
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`Mr. Martin's motion asking the Court to take judicial notice of
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`documents from other cases, dkt. [170], is granted only to the extent his
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`submissions have been docketed.
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`
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`Mr. Martin's renewed motion to appoint counsel, dkt. [171], is denied
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`without prejudice. In denying a recent motion for counsel, the Court
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`explained:
`
`Considering Mr. Martin's abilities and the current posture of this
`case, the Court declines to recruit counsel to represent Mr. Martin
`at the evidentiary hearing. Mr. Martin has demonstrated that he is
`at least as capable as the typical incarcerated layperson to represent
`himself. His filings in response to the sanctions motion alone have
`been extensive, and he has supported them with citations to legal
`2
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`
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`Case 2:23-cv-00078-JPH-MKK Document 174 Filed 02/24/25 Page 3 of 4 PageID #:
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`authority and documentary evidence. He is as well-equipped as his
`peers to question witnesses about the matters at issue, particularly
`since the hearing concerns a discrete set of facts that are within Mr.
`Martin's personal knowledge. The Court also considers that the
`issues to be resolved by the evidentiary hearing do not go to the
`merits of Mr. Martin's claims. There are hundreds of pro se prisoner
`cases pending in the Southern District of Indiana at any given time,
`and judges are obligated to be "careful stewards of the limited
`resource of volunteer lawyers," Watts, 42 F.4th at 764. The Court
`concludes that appointing counsel to assist Mr. Martin at the
`upcoming evidentiary hearing would not be an appropriate use of
`scarce resources.
`
`Dkt. 152 at 4. Mr. Martin's most recent filings do not change this assessment.
`
`He has presented his sworn allegations of misconduct by defense witnesses
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`and counsel, and there is currently no need for further action from him. If the
`
`defendants' response demonstrates that further proceedings are necessary to
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`resolve his allegations or the motion for sanctions, and if it becomes clear to
`
`the Court that those proceedings will exceed Mr. Martin's capabilities as a pro
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`se litigant and the interests of justice warrant the appointment of counsel, the
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`Court will take appropriate action.
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`
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`Similarly, Mr. Martin's motions requesting additional discovery and a
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`second evidentiary hearing, dkts. [172] and [173], are denied without
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`prejudice. The Court will determine the need for additional discovery and an
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`additional evidentiary hearing after receiving the defendants' response.
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`SO ORDERED.
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`3
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`Date: 2/24/2025
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`
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`Case 2:23-cv-00078-JPH-MKK Document 174 Filed 02/24/25 Page 4 of 4 PageID #:
`1856
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`Distribution:
`
`ANTHONY MARTIN
`945288
`WABASH VALLEY – CF
`Wabash Valley Correctional Facility
`Electronic Service Participant – Court Only
`
`All electronically registered counsel
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`
`4
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