Deck v. Griffin et al

Filing 58

OPINION AND ORDER: The Court DENIES Rick Allen Deck leave to file his proposed amended complaint 57 . Signed by Judge Philip P Simon on 07/12/2019. (Copy mailed to pro se party) (jat)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
RICK ALLEN DECK,
Plaintiff,
v.

CAUSE NO.: 3:17-CV-716-PPS-MGG

INDIANA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
OPINION AND ORDER
Rick Allen Deck, a prisoner without a lawyer, is proceeding on a single claim
that Officer Mosley was deliberately indifferent to Deck’s safety when he failed to
intervene in an inmate altercation that occurred on December 29, 2016. The clerk has
entered a default against Officer Mosley, and the case has now reached the stage where
I must determine what damages should be awarded to Deck. Now, nearly two years
after this case was filed, Deck has filed a proposed amended complaint.
At this stage of the proceedings, “a party may amend its pleading only with the
opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). When
justice requires it, leave should be freely given. Id. “Reasons for finding that leave
should not be granted include undue delay, bad faith or dilatory motive on the part of
the movant, repeated failure to cure deficiencies by amendments previously allowed,
undue prejudice to the opposing party by virtue of allowance of the amendment, [and]

futility of amendment.” Airborne Beepers & Video, Inc. v. AT & T Mobility LLC, 499 F.3d
663, 666 (7th Cir. 2007).
The proposed amended complaint alleges essentially the same facts as his two
earlier complaints. (ECF 2, 30, 57.) On December 29, 2016, while Deck was housed at
Miami Correctional Facility, he was attacked by six inmates and suffered serious
injuries. Deck alleges that Officer Mosley watched, but he did not call a signal to stop
the attack or otherwise help him. While these allegations state a claim, Deck has already
been granted leave to proceed on that claim.
Deck again names the Indiana Department of Correction as a defendant, but I
have already explained to Deck (ECF 31) that the IDOC is a State agency and is immune
from suit pursuant to the Eleventh Amendment. See Wynn v. Southward, 251 F.3d 588,
592 (7th Cir. 2001).
And, Deck names Superintendent Kathy Griffin 1 and Governor Holcomb in his
proposed amended complaint, but he does not allege that either of them was personally
involved in the incident. I have already told Deck (ECF 31) that there is no general
respondeat superior liability under 42 U.S.C. § 1983. See Burks v. Raemisch, 555 F.3d 592,
594 (7th Cir. 2009). Thus, neither Kathy Griffin nor Governor Holcomb are liable to
Deck simply because the oversee operations at the prison or supervises other
correctional officers.

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30.)

Deck’s previous complaint named Commissioner Carter instead of Superintendent Griffin. (ECF

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Because the proposed amended complaint states only one claim and that claim is
identical to the claim that Deck has been granted leave to proceed on, it would be futile
for me to allow the amendment. Furthermore, allowing the amendment would result in
unnecessary delay in bringing this case to a conclusion.
For these reasons, the court DENIES Rick Allen Deck leave to file his proposed
amended complaint. (ECF 57.)
SO ORDERED on July 12, 2019.
/s/ Philip P. Simon
PHILIP P. SIMON, JUDGE
UNITED STATES DISTRICT COURT

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