PETERSON v. FOUNTAIN et al

Filing 8

ENTRY discussing complaint and directing further proceedings. ORDER granting 3 Motion for assistance in serving defendants (See entry regarding claims). Signed by Judge Tanya Walton Pratt on 10/2/2013 (dist made to all listed) (CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

LAWRENCE PETERSON,
Plaintiff,
vs.
D. FOUNTAIN, LIEUTENANT BURKE,
MR. SHANNON, MS. PECKHAM,
MS. GILLEY, MR. KING, defendants sued in
their individual Capacities,
Defendants.

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Case No. 1:13-cv-01425-TWP-MJD

Entry Discussing Complaint and Directing Further Proceedings
The court has screened the Complaint as required by 28 U.S.C. § 1915A(b). Pursuant to
this statute, “[a] complaint is subject to dismissal for failure to state a claim if the allegations,
taken as true, show that plaintiff is not entitled to relief.” Jones v. Bock, 127 S.Ct. 910, 921
(2007). To satisfy the notice-pleading standard of Rule 8 of the Federal Rules of Civil Procedure,
a complaint must provide a “short and plain statement of the claim showing that the pleader is
entitled to relief,” which is sufficient to provide the defendant with “fair notice” of the claim and
its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citing Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) and quoting Fed. R. Civ. P. 8(a)(2)).
The complaint alleges that defendants D. Fountain, Lt. Burke, Mr. Shannon, Ms.
Peckham, Ms. Gilley, and Mr. King retaliated against plaintiff Lawrence Peterson for filing
lawsuits in this Court in violation of the First Amendment. This claim shall proceed while other
claims must be dismissed consistent with the following:

First, any claim for compensatory damages is dismissed because no physical injury is
alleged. The Prison Litigation Reform Act provides that a prisoner is not entitled to recover
damages for the mental and emotional Awithout a prior showing of physical injury.@ 42 U.S.C. '
1997e(e). ASection 1997e(e) as enacted is . . . simple to understand. A >prisoner= cannot bring an
action for mental injury unless he has suffered physical injury too.@ Kerr v. Punkett, 138 F.3d
321, 323 (7th Cir. 1998).
Second, the complaint is not understood to allege an independent denial of access to
courts claim. Nor could any such claim arise out of case numbers 1:11-cv-1122-TWP-MJD or
1:13-cv-466-RLY-DML given the current record in these cases. “[T]o state a right to access-tocourts claim and avoid dismissal under Rule 12(b)(6), a prisoner must make specific allegations
as to the prejudice suffered because of the defendants= alleged conduct.” Ortloff v. United States,
335 F.3d 652, 656 (7th Cir. 2003). For example, in 1:11-cv-1122-TWP-MJD, Lawrence survived
summary judgment and counsel has appeared on his behalf. To the extent Lawrence asserts that
he missed a discovery deadline and needs additional time he could (and still can) present that
issue in the appropriate case.
Third, any claim brought pursuant to 42 U.S.C. § 1985 is dismissed. The function of a
conspiracy claim under 42 U.S.C. § 1985(3) is to “permit recovery from a private actor who has
conspired with state actors.” When, as here, the defendants are all state actors, “a § 1985(3)
claim does not add anything except needless complexity.” Turley v. Rednour, 2013 WL
3336713, *7, fn.2 (7th Cir. July 3, 2013) (quoting Fairley v. Andrews, 578 F.3d 518, 526 (7th
Cir. 2009)).

The plaintiff’s motion for assistance in serving the defendants [dkt. 3] is granted
consistent with the following. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to
issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(1).
Process shall consist of the complaint, applicable forms and this Entry.
IT IS SO ORDERED.

10/02/2013
Date: __________________
Distribution:
LAWRENCE PETERSON
PENDLETON CORRECTIONAL
FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
PENDLETON, IN 46064
D. Fountain, Case Manager
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064
Lt. Burke, OSD
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
Mr. Shannon, Case Manager
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064
Ms. Peckham, Case Manager
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064
Ms. Gilley, Screening Officer
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064
Mr. King, Case Manager
PENDLETON CORRECTIONAL
FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064