Edwards v. Griffin et al

Filing 81

OPINION AND ORDER: The Court GRANTS Scottie R. Edwards leave to proceed against Joyce Rhodes and William Martin in their individual capacities for compensatory and punitive damages for racially discriminating against him by firing him from his prison law library job and falsifying apprenticeship records so he would be denied his certification and time cut in violation of the Equal Protection Clause of the Fourth Amendment, GRANTS Scottie R Edwards leave to proceed against Nancy Rush in her indiv idual capacity for compensatory and punitive damages for racially discriminating against him by processing his paperwork to deny him certification and a time cut in violation of the Equal Protection Clause of the Fourth Amendment, GRANTS Scottie R Ed wards leave to proceed against Nancy Rush in her official capacity as the Department of Labor Coordinator for injunctive relief to be awarded the Legal Secretary certification and six month time cut, DISMISSES all other claims, DIRECTS the clerk to s ign and seal summons for Nancy Rush and send them to Scottie R Edwards with a blank USM-285 form and a copy of the amended complaint 69 with exhibits and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Joyce Rhodes, William Martin, and Nancy R ush to respond as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 11/27/2019. (Copy mailed as directed in Order) (jat)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
SCOTTIE R. EDWARDS,
Plaintiff,
v.

CAUSE NO.: 3:18-CV-155-JD-MGG

JOYCE RHODES, WILLIAM MARTIN,
and NANCY RUSH,
Defendants.
OPINION AND ORDER
Scottie R. Edwards, a prisoner without a lawyer, filed an amended complaint
alleging he was racially discriminated against at the Miami Correctional Facility. “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 and dismiss it if the action is frivolous or malicious,
fails to state a claim upon which relief may be granted, or seeks monetary relief against
a defendant who is immune from such relief.
Edwards alleges he completed the United States Department of Labor Legal
Secretary apprenticeship program. He alleges completion of the program automatically
results in a six month reduction in his release date. He alleges that because of his race,
Joyce Rhodes and William Martin fired him from his prison law library job and falsified

his apprenticeship records so he would be denied his certification and time cut. He
alleges Nancy Rush knew his records had been falsified and knew he was qualified to
receive the six month credit. He alleges that because of his race, Nancy Rush processed
his paperwork to deny him the six month credit.
The equal protection clause precludes prison officials from denying a prisoner
job opportunities based on race. Black v. Lane, 824 F.2d 561, 562 (7th Cir. 1987) (A black
inmate stated a cause of action by alleging racial discrimination in the assignment of
prison jobs). Therefore Edwards may proceed against Joyce Rhodes, William Martin
and Nancy Rush for monetary damages for racially discriminating against him in
violation of the Fourteenth Amendment.
Additionally, Edwards is seeking injunctive relief to be awarded the Legal
Secretary certification he alleges he completed and the resultant automatic six month
time cut. Because he alleges Nancy Rush could have done this in her official capacity as
the Department of Labor Coordinator, he will be granted leave to proceed against her in
her official capacity for injunctive relief.
Finally, Joyce Rhodes and William Martin have already entered appearances, so
their attorneys will receive a copy of this order. However, Nancy Rush has not yet been
served. Edwards paid the filing fee and is not proceeding in forma pauperis. Therefore
she cannot be served for free pursuant to 28 U.S.C. § 1915(d). Rather, Edwards is
responsible for serving Nancy Rush with a copy of this order and the amended
complaint and exhibits (ECF 69) as required by Federal Rule of Civil Procedure 4. One

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option is for him to pay the United States Marshals Service to serve her. They can be
contacted at:
United States Marshals Service, Room 233
204 South Main Street
South Bend, IN 46601.
For these reasons, the court:
(1) GRANTS Scottie R. Edwards leave to proceed against Joyce Rhodes and
William Martin in their individual capacities for compensatory and punitive damages
for racially discriminating against him by firing him from his prison law library job and
falsifying apprenticeship records so he would be denied his certification and time cut in
violation of the Equal Protection Clause of the Fourteenth Amendment;
(2) GRANTS Scottie R. Edwards leave to proceed against Nancy Rush in her
individual capacity for compensatory and punitive damages for racially discriminating
against him by processing his paperwork to deny him certification and a time cut in
violation of the Equal Protection Clause of the Fourteenth Amendment;
(3) GRANTS Scottie R. Edwards leave to proceed against Nancy Rush in her
official capacity as the Department of Labor Coordinator for injunctive relief to be
awarded the Legal Secretary certification and six month time cut;
(4) DISMISSES all other claims;
(5) DIRECTS the clerk to sign and seal summons for Nancy Rush and send them
to Scottie R. Edwards with a blank USM-285 form and a copy of the amended complaint
with exhibits (ECF 69); and

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(6) ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Joyce Rhodes, William Martin,
and Nancy Rush to respond, as provided for in the Federal Rules of Civil Procedure and
N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave
to proceed in this screening order.
SO ORDERED on November 27, 2019
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT

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