Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 1 of 9 PageID #: 38
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`ANTHONY MARTIN,
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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. 2:23-cv-00078-JPH-MKK
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`CHRISTHOPER HOLCOMB,
`VANIHEL,
`RUSSELL,
`SANDERS,
`MARK SMITH JR,
`MARTINEZ,
`AOHDA,
`THOMAS WELLINGTON,
`TAWNI TEMPLETON,
`WVCF PLAIT MANAGER,
`JERRY SNYDER,
`ASHLYNN LEDFORD GONTHIER,
`ALLY RITTENBERG- VARTSHYOCK,
`WOODS,
`GIBSON,
`ADAM JACKSON,
`ARNOLD,
`DORTOVAN,
`WIPPO,
`ALEXANDER,
`BYRD,
`AMY WRIGHT,
`KIM HUDSON,
`DANA LANDTRIP,
`HEATHER PAMERILLO,
`LAUREN CUPP,
`CHANTELL KNEPP,
`TAYLOR HILL,
`WEXFORD OF INDIANA, LLC,
`CENTURION HEALTH SERVICES OF
`INDIANA,
`INDIANA DEPT OF CORRECTIONS,
`MARK SMITH SR.,
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`v.
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`Defendants.
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`ANTHONY MARTIN,
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`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`Plaintiff,
`
`No. 2:23-cv-00078-JPH-MKK
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`CHRISTHOPER HOLCOMB,
`VANIHEL,
`RUSSELL,
`SANDERS,
`MARK SMITH JR,
`MARTINEZ,
`AOHDA,
`THOMAS WELLINGTON,
`TAWNI TEMPLETON,
`WVCF PLAIT MANAGER,
`JERRY SNYDER,
`ASHLYNN LEDFORD GONTHIER,
`ALLY RITTENBERG- VARTSHYOCK,
`WOODS,
`GIBSON,
`ADAM JACKSON,
`ARNOLD,
`DORTOVAN,
`WIPPO,
`ALEXANDER,
`BYRD,
`AMY WRIGHT,
`KIM HUDSON,
`DANA LANDTRIP,
`HEATHER PAMERILLO,
`LAUREN CUPP,
`CHANTELL KNEPP,
`TAYLOR HILL,
`WEXFORD OF INDIANA, LLC,
`CENTURION HEALTH SERVICES OF
`INDIANA,
`INDIANA DEPT OF CORRECTIONS,
`MARK SMITH SR.,
`
`
`v.
`
`Defendants.
`
`
`
`
`
`
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 2 of 9 PageID #: 39
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`ORDER SCREENING THE COMPLAINT, SEVERING CLAIMS,
`AND DIRECTING SERVICE OF PROCESS
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`Anthony Martin, a prisoner at Wabash Valley Correctional Facility, brings
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`this lawsuit alleging violations of his civil rights. Because Mr. Martin is a
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`prisoner, the Court must screen his complaint pursuant to 28 U.S.C. § 1915A.
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`I. Screening Standard
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`When screening a complaint, the Court must dismiss any portion that is
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`frivolous or malicious, fails to state a claim for relief, or seeks monetary relief
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`against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To
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`determine whether the complaint states a claim, the Court applies the same
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`standard as when addressing a motion to dismiss under Federal Rule of Civil
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`Procedure 12(b)(6). See Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020).
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`Under that standard, a complaint must include "enough facts to state a claim to
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`relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
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`(2007). "A claim has facial plausibility when the plaintiff pleads factual content
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`that allows the court to draw the reasonable inference that the defendant is liable
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`for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
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`Court construes pro se complaints liberally and holds them to a "less stringent
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`standard than formal pleadings drafted by lawyers." Cesal v. Moats, 851 F.3d
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`714, 720 (7th Cir. 2017).
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`II. The Complaint
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`The complaint names the thirty-three prison officials, medical staff
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`members, and other entities listed in the caption of this Order. Mr. Martin is
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`2
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 3 of 9 PageID #: 40
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`confined to a restricted housing unit at Wabash Valley Correctional Facility. The
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`complaint alleges that the plumbing system in this unit frequently malfunctions,
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`causing feces, urine, and toilet water to flood the unit. The complaint outlines
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`four sets of claims that are directly or indirectly related to this problem:
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`A.
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`Count 1 – Failure to Improve the Plumbing System
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`The complaint alleges that the plumbing system at Wabash Valley
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`Correctional Facility has been malfunctioning since Mr. Martin arrived at the
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`facility in March 2020. The complaint alleges specific periods of when the
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`plumbing system malfunctioned from August 20-24, 2021; August 28 –
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`September 2, 2021; and September 14-16, 2021. The problem is generally known
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`throughout the facility. Many correctional officers and grievance officers have
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`expressed indifference to the problem, stated that the problem results from the
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`fact that the facility has an old plumbing system, or stated that the issue is out
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`of their control.
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`The Wabash Valley Correctional Facility Plant Manager is responsible for
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`the plumbing, water, and related matters within the facility. The Plaint Manager
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`is aware of the issues with the plumbing system but has been unable to fix them
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`or improve the system. The plant manager allegedly stated that there were
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`"bigger issues that needed to be fixed in the facility." Dkt. 2 at ¶ 8. Warden Frank
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`Vanihel is also aware of the problem but has not taken steps to rectify it.
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`B. COUNT 2 – Failure to Clean Restrictive Housing Unit after Flooding
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`The complaint alleges that when Mr. Martin's housing unit floods, he and
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`other inmates are forced to live in unhabitable conditions. Throughout August
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`3
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 4 of 9 PageID #: 41
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`and September 2021, defendants Lt. Holcomb, Major Russell, Warden Vanihel,
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`Tawni Templeton, Thomas Wellington, the Plant Manager, Sgt. Sanders, Sgt.
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`Smith, Sgt. Aohda, Sgt. Martinez, Ofc. Smith, Ofc. Jackson, Ofc. Arnold, Ofc.
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`Donovan, and Ofc. Wippo were aware of the issue but did not take steps to
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`improve the condition of the restrictive housing unit after the floods. That is to
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`say, they did not attempt to remove raw sewage from the unit, ventilate the unit,
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`remove the inmates from the unit, or otherwise ensure that Mr. Martin was
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`housed in habitable prison conditions.
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`C. COUNT 3 – Slip and Fall
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`On September 16, 2021, Ofc. Woods and Ofc. Gibson escorted Mr. Martin
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`to the showers. They failed to follow IDOC policy for escorting inmates and did
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`not ensure that the floor was free of water or other hazards. As a result, Mr.
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`Martin slipped and fell on the wet floor, which was slippery due to a flood on
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`September 14. They let Mr. Martin lay on the wet floor for twenty minutes until
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`members of the medical staff arrived to transport him to the infirmary on a
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`gurney.
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`D. COUNT 4 – Medical Care
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`When Mr. Martin was taken to the infirmary, he was seen by Dr. Byrd,
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`who ordered him to return to his cell. The complaint alleges that Mr. Martin was
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`experiencing a medical emergency but was not transported to an outside hospital
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`due to policies of the correctional facility's medical services provider.
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`Over the next several weeks, Mr. Martin was largely unable to get out of
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`bed. Nurse Cupp, Nurse Heather, Nurse Kneep, and Nurse Taylor came to his
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`4
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 5 of 9 PageID #: 42
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`cell door each day but refused to provide him with his medication for high blood
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`pressure, mental illness, and pain management. These refusals arose from
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`policies that limited their ability to open the door of Mr. Martin's cell without the
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`presence of a correctional officer.
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`Kim Hobson and Amy Wright are responsible for scheduling prisoners for
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`medical examinations and procedures, and they repeatedly delayed Mr. Martin's
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`appointments and x-rays. Due to policies of the correctional facility's medical
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`services provider, Mr. Martin had to receive three nursing visits before he could
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`be seen by a doctor.
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`Mr. Martin has suffered long-term complications from the fall on
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`September 16, 2021, and from the denial/delays of medical care. Mr. Martin has
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`been denied physical therapy and other treatment.
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`III. Discussion
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`A. Claims that Shall Proceed: COUNTS 1 and 2
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`1. COUNT 1 – Failure to Improve Plumbing System
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`The complaint alleges that Mr. Martin has been subjected to uninhabitable
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`conditions in violation of the Eighth Amendment because Wabash Valley
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`Correctional Facility has an old plumbing system that frequently floods raw
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`sewage into his housing unit.
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`However, to state a claim under 42 U.S.C. § 1983, the complaint must
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`allege sufficient facts to create a reasonable inference that the defendants were
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`personally involved in the constitutional violation. "Individual liability under §
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`1983… requires personal involvement in the alleged constitutional deprivation."
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`5
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 6 of 9 PageID #: 43
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`Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation
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`omitted) (citing Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983) ("Section
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`1983 creates a cause of action based on personal liability and predicated upon
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`fault. An individual cannot be held liable in a § 1983 action unless he caused or
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`participated in an alleged constitutional deprivation.... A causal connection, or
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`an affirmative link, between the misconduct complained of and the official sued
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`is necessary.")).
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`The question is whether the complaint alleges that the defendants were
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`personally involved in failing to remedy the aging plumbing system. Liberally
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`construed, the complaint creates a reasonable inference that the Wabash Valley
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`Correctional Facility Plant Manager and Warden Vanihel had the authority to
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`remedy the plumbing system but chose not to expend the prison's resources for
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`that purpose in deliberate indifference to the conditions of Mr. Martin's
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`confinement. Accordingly, Mr. Martin's Eighth Amendment conditions of
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`confinement claims and state law negligence claims shall proceed against these
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`defendants in their individual and official capacities.
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`The complaint does not create a reasonable inference that the other
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`defendants (who are correctional officers, grievance officers, medical staff, and
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`medical services providers) have the authority to improve the facility's plumbing
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`system. Also, defendant Indiana Department of Correction is immune from suit
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`under the Eleventh Amendment. See Nuñez v. Indiana Dep't of Child Services,
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`817 F.3d 1042, 1044 (7th Cir. 2016). To the extent that Mr. Martin seeks to bring
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`6
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 7 of 9 PageID #: 44
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`claims against these other defendants for failing to remedy the facility's plumbing
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`system, those claims are dismissed.
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`2. COUNT 2 – Failure to Clean Restrictive Housing Unit after
`Flooding
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`The complaint alleges that the problems with the faulty plumbing system
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`are exacerbated by prison officials' refusal to remove raw sewage from Mr.
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`Martin's housing unit after it floods. Accordingly, Mr. Martin's Eighth
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`Amendment conditions of confinement claims and state law negligence claims
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`shall proceed against Lt. Holcomb, Major Russell, Warden Vanihel, Tawni
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`Templeton, Thomas Wellington, the Plant Manager, Sgt. Sanders, Sgt. Smith,
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`Sgt. Aohda, Sgt. Martinez, Ofc. Smith, Ofc. Jackson, Ofc. Arnold, Ofc. Donovan,
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`and Ofc. Wippo in their individual and official capacities.
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`B. Claims that are Severed: COUNTS 3 and 4
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`The Court exercises its discretion under Rule 21 to sever the remaining
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`claims. See Rice v. Sunrise Express, Inc., 209 F.3d 1008, 1016 (7th Cir. 2000) ("It
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`is within the district court's broad discretion whether to sever a claim under Rule
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`21 . . . As long as there is a discrete and separate claim, the district court may
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`exercise its discretion and sever it."). The Court is severing Mr. Martin's
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`remaining claims because the claims proceeding in this action under Counts 1
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`and 2 are "capable of resolution despite the outcome of the other [severed]
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`claims." Gaffney v. Riverboat Servs. of Indiana, 451 F.3d 424, 442 (7th Cir. 2006).
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`Mr. Martin shall file a notice by June 9, 2023, telling the Court if he wants
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`the Court to open a new cause of action for Count 3 and/or Count 4 which the
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`Court has severed from this case. If Mr. Martin wants those claims to proceed,
`7
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 8 of 9 PageID #: 45
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`the Court will open two new separate civil actions for Count 3 and Count 4.
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`Mr. Martin will be obligated to pay the filing fee for each new action the Court
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`opens. If he does not meet this deadline, the remaining claims will be dismissed
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`without prejudice, and he will need to file a complaint in a new civil action if he
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`later decides to pursue any of those claims.
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`IV. Service of Process
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`The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process
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`to defendants Lt. Holcomb, Major Russell, Warden Vanihel, Tawni Templeton,
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`Thomas Wellington, the Wabash Valley Correctional Facility Plant Manager, Sgt.
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`Sanders, Sgt. Smith, Sgt. Aohda, Sgt. Martinez, Ofc. Smith, Ofc. Jackson,
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`Ofc. Arnold, Ofc. Donovan, and Ofc. Wippo in the manner specified by Rule 4(d).
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`Process shall consist of the complaint, dkt. [2], applicable forms (Notice of
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`Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of
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`Summons), and this Order. The clerk is directed to terminate all other
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`defendants on the docket.
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`The clerk is directed to serve the Indiana Department of Correction
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`employees electronically.
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`The clerk is directed to rename the defendants on the docket to
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`correspond with the names listed in the Distribution of this Order.
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`Mr. Martin's motion requesting a status update, dkt. [7], is granted to the
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`extent that he is notified that his motion for leave to proceed in forma pauperis
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`was granted and no initial partial filing fee is due at this time.
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`8
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`Case 2:23-cv-00078-JPH-MKK Document 9 Filed 05/19/23 Page 9 of 9 PageID #: 46
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`Nothing in this Order prohibits the filing of a proper motion pursuant to
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`Rule 12 of the Federal Rules of Civil Procedure.
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`SO ORDERED.
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`Distribution:
`
`ANTHONY MARTIN
`945288
`WABASH VALLEY - CF
`WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
`Electronic Service Participant – Court Only
`
`Electronic Service to the Following IDOC Defendants at Wabash Valley
`Correctional Facility
`Warden Frank Vanihel
`Wabash Valley Correctional Facility Plant Manager
`Lt. Christopher Holcomb
`Major Russell
`Tawni Templeton
`Thomas Wellington
`Sgt. Sanders
`Sgt. Mark Smith, Sr.
`Sgt. Aohda
`Sgt. Martinez
`Ofc. Mark Smith, Jr.
`Ofc. Adam Jackson
`Ofc. Arnold
`Ofc. Donovan
`Ofc. Wippo
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`
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`9
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`Date: 5/19/2023
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`
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