Jones v. Indiana Dept of Correction et al
Filing
9
OPINION AND ORDER: This case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A. ***Civil Case Terminated. Signed by Senior Judge James T Moody on 10/1/2014. (rmc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
DAVID JONES,
Plaintiff,
v.
INDIANA DEPT. OF CORRECTION, et al.,
Defendants.
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No. 3:14 CV 1875
OPINION AND ORDER
David Jones, a pro se prisoner, filed a complaint pursuant to 42 U.S.C. § 1983
alleging that the defendant State prison officials are garnishing his inmate trust account
to pay the medical bills of an inmate whom he injured. “A document filed pro se is to be
liberally construed, and a pro se complaint, however inartfully pleaded, must be held to
less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus,
551 U.S. 89, 94 (2007) (quotation marks and citations omitted). Nevertheless, pursuant to
28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint.
The Fourteenth Amendment provides that state officials shall not “deprive any
person of life, liberty, or property, without due process of law.” However, a state tort
claims act that provides a method by which a person can seek reimbursement for the
negligent loss or intentional depravation of property meets the requirements of the due
process clause by providing due process of law. Hudson v. Palmer, 468 U.S. 517, 533
(1984); Wynn v. Southward, 251 F.3d 588, 593 (7th Cir. 2001) (“Wynn has an adequate
post-deprivation remedy in the Indiana Tort Claims Act, and no more process was
due.”). Here, Jones is alleging the defendants are taking his money. However, because
the State of Indiana provides him with a means to obtain redress for his loss, he has not
been denied due process and does not state a claim for a violation of the Fourteenth
Amendment.
For the foregoing reasons this case is DISMISSED WITHOUT PREJUDICE
pursuant to 28 U.S.C. § 1915A.
SO ORDERED.
Date: October 1, 2014
s/ James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT
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