SMITH v. CORIZON MEDICAL SERVICES

Filing 12

ENTRY - The claim against the Indiana Department of Correction is dismissed. The claim against Superintendent Brian Smith is dismissed. Mr. Smith's claim of "discrimination" is dismissed. Mr. Smith's state law claim of defamat ion of character is dismissed. Any claims based on the Fourth, Fifth, and Fourteenth Amendments are dismissed. The claims against these three defendants, Sgt. Cork, Sgt. Daniels, and Lt. Thompson, shall also proceed. These defendants continue to h ave through February 28, 2014 by which to respond to Mr. Smith's Complaint. Defendants Kayla McDermitt and LeTia Lewis have not appeared in this action. Mr. Smith shall have through February 28, 2014 to demonstrate that he has perfected service of process on these defendants. Copy Mailed. Signed by Judge Tanya Walton Pratt on 2/3/2014. (MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KEVIN SMITH,
Plaintiff,
v.
CORIZON MEDICAL SERVICES, INDIANA
DEPARTMENT OF CORRECTION, BRIAN
SMITH, DR. RICHARD TANNER, KAYLA
McDERMITT, LETIA LEWIS, SGT. CORK,
SGT. DANIELS, and LT. THOMPSON,
Defendants.

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Case No. 1:14-cv-0094-TWP-MJD

ENTRY DISCUSSING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS,
AND DIRECTING FURTHER PROCEEDINGS
On November 18, 2013, Plaintiff Kevin Smith (“Mr. Smith”) pro se, filed this action in
the Marion Superior Court under Cause No. 49D13-1311-CT-041837, alleging violations of his
constitutional rights pursuant to 42 U.S.C. § 1983. The matter was removed to federal court on
January 21, 2014 (Dkt. 1) and is now before the Court for screening.
The Complaint alleges that while incarcerated at the Plainfield Correctional Facility,
Defendants Sgt. Cork and Sgt. Daniels denied Mr. Smith’s request for a bottom bunk even
though he had a bottom bunk pass for an epilepsy disorder. On or about March 24, 2012, he fell
out of the top bunk and was injured. Mr. Smith alleges he was denied proper medical treatment
through June of 2012, causing long-term injuries. He also alleges retaliation, discrimination, and
defamation of character as well as violations of his rights under the First, Fourth, Fifth, Eighth,
and Fourteenth Amendments to the United States Constitution.
The Complaint names the following defendants, as identified on page 2 of the
Preliminary Statement: Indiana Department of Correction, Corizon Medical Services,

Superintendent Brian Smith, Dr. Richard A. Tanner, Kayla McDermitt, LeTia Lewis, Sgt. Cork,
Sgt. Daniels, and Lt. Thompson. (See Dkt. 1, Exh. 2.)
I. LEGALLY INSUFFICIENT CLAIMS
The Court is required to conduct an initial screening of the complaint and to dismiss any
action brought by a prisoner confined in any jail, prison, or other correctional facility with
respect to prison conditions under 42 U.S.C. § 1983 or any other federal law if the Court is
satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is immune from such relief. 42 U.S.C. §
1997(e)(c)(1); 28 U.S.C. §§ 1915A and 1951 (e)(2). Although Mr. Smith is no longer a
“prisoner” as defined by 28 U.S.C. § 1915(h), “district judges have ample authority to dismiss …
transparently defective suits spontaneously, and thus save everyone time and legal expense.”
Hoskins v. Poelstra, 320 F.3d 761, 762 (7th Cir. 2003). “[A] plaintiff can plead himself out of
court by alleging facts that show there is no viable claim.” Pugh v. Tribune Co., 521 F.3d 686,
699 (7th Cir. 2008).
Some of the Mr. Smith’s claims must be dismissed for failure to state a claim upon which
relief can be granted, as discussed below:
a.

The claim against the Indiana Department of Correction is dismissed because

states and their agencies are not “persons” subject to suit pursuant to 42 U.S.C. § 1983
under the circumstances alleged in Mr. Smith’s complaint. Will v. Michigan Department
of State Police, 491 U.S. 58, 64 (1989).
b.

The claim against Superintendent Brian Smith is dismissed for failure to state a

claim upon which relief can be granted because the only factual allegations relating to
Superintendent Smith are that Mr. Smith wrote to Superintendent Smith and informed

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him of his problems with the medical department, but Superintendent Smith never
responded. The Complaint does not allege any personal participation in any unlawful
acts on the part of Superintendent Smith. Without personal liability, there can be no
recovery under 42 U.S.C. ' 1983. Burks v. Raemisch, 555 F.3d 592, 593-94 (7th Cir.
2009) (“Section 1983 does not establish a system of vicarious responsibility. Liability
depends on each defendant’s knowledge and actions, not on the knowledge or actions of
persons they supervise.”) (internal citation omitted). “It is well established that there is
no respondeat superior liability under § 1983.” Gayton v. McCoy, 593 F.3d 610, 622
(7th Cir. 2010). If an official, who is not otherwise responsible for allegedly
unconstitutional conditions or actions, could be held liable upon being notified by the
plaintiff, then a plaintiff could choose to bring any and all officials within the scope of
liability simply by writing a series of letters. “[S]uch a broad theory of liability is
inconsistent with the personal responsibility requirement for assessing damages against
public officials in a § 1983 action.” Crowder v. Lash, 687 F.2d 996, 1006 (7th Cir.
1982).
c.

Mr. Smith’s claim of “discrimination” is dismissed because his allegation that

prison staff treated inmates who had fewer medical conditions than he did does not stand
alone as a separate claim. Rather, this factual allegation may be treated as part of his
claim that certain defendants were deliberately indifferent to his serious medical needs in
violation of the Eighth Amendment.
d.

Mr. Smith’s state law claim of defamation of character is dismissed for failure

to state a claim upon which relief can be granted. The factual allegations intended to
support such a claim, that the conduct of the defendants was intentional, reckless, or done

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with callous indifference to his constitutional rights, do not state a claim of defamation.
See Schrader v. Eli Lilly and Co., 639 N.E.2d 258, 261 (Ind. 1994) (“To maintain an
action for defamation, a plaintiff must show a communication with four elements: 1)
defamatory imputation; 2) malice; 3) publication; and 4) damages.”).
e.

Any claims based on the Fourth, Fifth, and Fourteenth Amendments are

dismissed for failure to state a claim upon which relief can be granted. “Where a
particular Amendment provides an explicit textual source of constitutional protection
against a particular sort of government behavior, that Amendment, not the more
generalized notion of substantive due process, must be the guide for analyzing these
claims.” Albright v. Oliver, 510 U.S. 266, 273 (1994 (internal quotations omitted); see
also Conyers v. Abitz, 416 F.3d 580, 586 (7th Cir. 2005) (“[C]onstitutional claims must
be addressed under the most applicable provision.”) (citing Graham v. Connor, 490 U.S.
386, 395 (1989)). The applicable constitutional standards associated with the plaintiff’s
claims are the First (retaliation) and Eighth Amendments (deliberate indifference to
serious medical needs).
No partial final judgment shall issue as to the claims dismissed in this Entry.
II. FURTHER PROCEEDINGS
a.

Mr. Smith’s claims that he was provided constitutionally inadequate medical care

by Corizon Medical Services, Dr. Richard A. Tanner, Kayla McDermitt, and LeTia
Lewis, and his claims of retaliation by these defendants in violation of the First
Amendment shall proceed.
b.

The Court takes judicial notice of the fact that the claims that Sgt. Cork and Sgt.

Daniels denied Mr. Smith a bottom bunk even though he had a bottom bunk pass were

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brought in a prior case, Smith v. Corizon, et al., 1:12-cv-1208-SEB-MJD (S.D. Ind. May
31, 2013). The claim alleging that Lt. Thompson delayed or prohibited the provision of
medical care by stating that there was nothing wrong with Mr. Smith and having him
transported from medical to his dorm was also asserted in Smith v. Corizon, et al., 1:12cv-1208-SEB-MJD (S.D. Ind. May 31, 2013).

All three claims were dismissed on

summary judgment for failure to exhaust administrative remedies. The claims against
these three defendants, Sgt. Cork, Sgt. Daniels, and Lt. Thompson, shall also proceed.
These defendants continue to have through February 28, 2014 by which to respond to
Mr. Smith’s Complaint.
c.

Defendants Kayla McDermitt and LeTia Lewis have not appeared in this action.

Mr. Smith shall have through February 28, 2014 to demonstrate that he has perfected
service of process on these defendants.
d.

The Clerk shall terminate on the docket defendants Indiana Department of

Correction and Superintendent Brian Smith.

SO ORDERED.
02/03/2014
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

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DISTRIBUTION:
Kevin Smith
611 North Capital Avenue
Indianapolis, Indiana 46204
Jeb Adam Crandall
BLEEKE DILLON CRANDALL PC
[e-mail]
Christina Marie Clark
OFFICE OF THE INDIANA ATTORNEY GENERAL
[e-mail]
T. Allon Renfro, Jr.
OFFICE OF THE INDIANA ATTORNEY GENERAL
[e-mail]

NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION.

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