Frohwerk v. Buss et al
Filing
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OPINION AND ORDER striking 1 Pro Se Complaint filed by David Frohwerk. Amended Complaint to be filed by 7/21/2011. If pltf does not respond by the deadline, this case will be dismissed without further notice. Signed by Chief Judge Philip P Simon on 6/20/11. cc: w/forms to pltf(kjp)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
DAVID FROHWERK,
Plaintiff,
vs.
EDWIN G. BUSS, et al.,
Defendants.
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CAUSE NO. 2:11-CV-70-PS-APR
OPINION AND ORDER
David Frohwerk, a pro se prisoner confined at the Westville Correctional Facility,
submitted a handwritten complaint under 42 U.S.C. § 1983. He names multiple defendants, and
appears to be raising unrelated claims for violations of the First Amendment’s free exercise
clause, the Eighth Amendment’s cruel and unusual punishments clause, and the Fourteenth
Amendment’s due process clause. Litigants cannot join unrelated claims against unrelated
defendants in one case:
A buckshot complaint . . . say, a suit complaining that A defrauded the plaintiff, B
defamed him, C punched him, D failed to pay a debt, and E infringed his
copyright, all in different transactions should be rejected . . . . [M]ultiple claims
against a single party are fine, but Claim A against Defendant 1 should not be
joined with unrelated Claim B against Defendant 2. Unrelated claims against
different defendants belong in different suits . . . .
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Additionally, Mr. Frohwerk says he
is suing “John and Jane Does acting in their individual and/or official capacities,” but he
doesn’t provide any description of these individuals. If he wants to proceed against
unnamed defendants, he must provide some identifying information about them, such as
their job function, and explain how they were personally involved in the violation of his
rights.
Mr. Frohwerk sought leave of the Court in this case to amend his complaint, and
the Court afforded him until June 6, 2011, within which to file an amended complaint.
Mr. Frohwerk, however, did not file an amended complaint in this case; instead, he filed
seven new cases: Frohwerk v. Johnson, 2:11cv133 RM; Frohwerk v. Levenhagen,
2:11cv199 TLS; Frohwerk v. Correctional Medical Services,2:11cv200 TLS; Frohwerk
v. Unknown Westville Correctional Facility Employees, 2:11cv201 WL; Frohwerk v.
Officer Armstrong, 2:11cv202 WL; Frohwerk v. Bean, 2:11cv209 PS; and Frohwerk v.
Unknown Westville Correctional Facility Officials, 2:11cv210 RL. In some of these
complaints, Mr. Frohwerk makes many of the same allegations against the same
defendants as he presents to the Court in his long, complex complaint in this case. Mr.
Frohwerk cannot proceed against a defendant for the same claim in multiple cases.
Because the complaint in this case contains unrelated claims against multiple
defendants, and because the Plaintiff appears to have subsequently filed other cases
raising the claims against the defendants he presents to the Court in this case, this Court
will strike the complaint in this case and allow Mr. Frohwerk to file an amended
complaint bringing only related claims. The Court advises Mr. Frohwerk that his
amended complaint in this case should not contain unrelated claims, and should not
contain any claim he has already raised in one of the seven cases he has filed since he
filed his original complaint in this case.
For the foregoing reasons, the court:
(1) STRIKES the complaint [DE 1];
(2) DIRECTS the clerk to place this cause number on a blank Prisoner Section
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1983 Complaint and send it to the Plaintiff;
(3) AFFORDS the Plaintiff to and including July 21, 2011, within which to file
an amended complaint that contains no unrelated claims, and does not contain any claim
he has already raised in one of the seven cases he has filed since he filed his original
complaint in this case; and
(4) CAUTIONS the Plaintiff that if he does not respond by the deadline, this
case will be dismissed without further notice.
SO ORDERED.
ENTERED: June 20, 2011
/s/ Philip P. Simon
PHILIP P. SIMON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
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