VAN CLEAVE v. LEMMON et al

Filing 8

ENTRY Discussing Complaint, Dismissing Insufficient Claims and Severance of Claims - These defendants, Commissioner Lemmon, GEO Group, and the Superintendent of Putnamville shall be dismissed from the action before any cases are severed. Said defen dants shall be terminated from the docket. No partial final judgment shall issue as to the dismissal of these claims. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to defendants Dr. Paul J. O'Brien, Nurse Practition er Barnes, Nurse Nicole Webster, and Dr. Naveen Rajoli in the manner specified by Rule 4(d). The plaintiff shall have through May 28, 2014, in which to notify the Court whether he wishes the Court to sever any claim(s) into new actions, and if so, he shall identify which claims against which defendants. If the plaintiff fails to so notify the Court, the misjoined claims will be considered abandoned and will be dismissed without prejudice. ***SEE ENTRY***. Signed by Judge Jane Magnus-Stinson on 5/7/2014. (copy to Plaintiff via US Mail) (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
RANDALL K. VAN CLEAVE,
Plaintiff,
vs.
BRUCE LEMMON, et al.,
Defendants.

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Case No. 1:14-cv-0349-JMS-TAB

Entry Discussing Complaint, Dismissing Insufficient Claims,
and Severance of Claims
I. Background
The plaintiff, Randall K. Van Cleave (“Mr. Van Cleave”), is incarcerated at the New
Castle Correctional Facility. He brings this civil rights complaint pursuant to 42 U.S.C. § 1983,
alleging that he has been denied adequate medical care. He has named 27 defendants, including
employees of three different prisons and several John Doe defendants. He sues the defendants in
their individual and official capacities. He seeks compensatory damages and injunctive relief.
Mr. Van Cleave has paid the initial partial filing fee. The complaint is now subject to the
screening required by 28 U.S.C. ' 1915A(b). This statute directs that the Court dismiss a
complaint or any claim within a complaint that “(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is
immune from such relief.” Id. “A complaint is subject to dismissal for failure to state a claim if
the allegations, taken as true, show the plaintiff is not entitled to relief.” Jones v. Bock, 549 U.S.
199, 215 (2007).

II. Dismissal of Certain Claims
Claims against all unknown John Doe defendants are dismissed for failure to state a
claim upon which relief can be granted because “it is pointless to include [an] anonymous
defendant [ ] in federal court; this type of placeholder does not open the door to relation back
under Fed.R.Civ.P. 15, nor can it otherwise help the plaintiff.” Wudtke v. Davel, 128 F.3d 1057,
1060 (7th Cir. 1997) (internal citations omitted). Bringing suit against unnamed, or “John Doe,”
defendants in federal court is generally disfavored by the Seventh Circuit. If through discovery,
Mr. Van Cleave is able to learn the name of the unknown defendants, he may seek leave to add a
claim against them.
Section 1983 liability requires a defendant’s personal involvement in the alleged
constitutional violation. Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir. 2012). No allegations of
wrongdoing in relation to Mr. Van Cleave’s medical care are alleged against state-wide
defendants Commissioner Lemmon and GEO Group, or against the Superintendent of
Putnamville. Therefore, these defendants, Commissioner Lemmon, GEO Group, and the
Superintendent of Putnamville shall be dismissed from the action before any cases are severed.
Defendants Commissioner Lemmon, GEO Group, all John Does, and the Superintendent
of Putnamville shall be terminated from the docket. No partial final judgment shall issue as to
the dismissal of these claims.
III. Claims Asserted
The circumstances alleged by Mr. Van Cleave occurred between June 22, 2011, and the
date he signed his complaint, January 18, 2014. As noted, he asserts claims against numerous
defendants employed at the Reception Diagnostic Center (“RDC”), Putnamville Correctional

Facility (“Putnamville”), and New Castle Correctional Facility (“New Castle”), along with some
statewide defendants. The Court has grouped the remaining defendants as follows:
RDC Group -

1) RDC Superintendent, and 2) Dr. Jill Gallien,

Putnamville Group -

3) Dr. Paul J. O’Brien, 4) Nurse Nicole Webster, 5) Nurse

Practitioner Barnes, 6) Dr. Naveen Rajoli,
New Castle Group

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7) Warden Keith Butts, 8) Superintendent F. Zenk, 9)

Health Care Unit Administrator Robert Burns, 10) Dr. Christopher Nelson, 11) Nurse Brad
Owens, 12) Dr. Michael Person, 13) Becky Joiner, 14) M.H.P. Therapist Chris Hufford, 15)
Nurse Practitioner Penelope Wadleigh, 16) transportation officer Cross,
Statewide Defendants -

17) Corizon, and 18) Dr. Michael Mitcheff of Corizon.

In George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007), the Court of Appeals explained
that A[u]nrelated claims against different defendants belong in different suits.@ The complaint
does not set forth any claim that properly joins all defendants.
In such a situation, “[t]he court may . . . sever any claim against a party.” FED. R. CIV. P.
21. Generally, if a district court finds that a plaintiff has misjoined parties, the Court should sever
those parties or claims, allowing those grievances to continue in spin-off actions, rather than
dismiss them. Elmore v. Henderson, 227 F.3d 1009, 1012 (7th Cir. 2000).
IV. Claims Against Putnamville Group
The Court discerns the principal claims in this action are asserted against medical
providers at Putnamville. Mr. Van Cleave alleges that the medical defendants failed to provide
adequate treatment for his serious medical needs, which resulted in a below the right knee
amputation on March 3, 2012. He alleges that in February of 2012, he complained to Dr. Paul J.
O’Brien, Nurse Practitioner Barnes, Nurse Nicole Webster, and Dr. Naveen Rajoli of severe pain

in his leg and foot and his history of blood clots but they failed to provide him a wheelchair or
other treatment until he was sent to the hospital on March 1, 2012.1 These claims shall proceed
in this action.
V. Service of Process
The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to defendants Dr.
Paul J. O’Brien, Nurse Practitioner Barnes, Nurse Nicole Webster, and Dr. Naveen Rajoli in the
manner specified by Rule 4(d). Process shall consist of the complaint filed on March 6, 2014
(docket 1), the attachments thereto, applicable forms (Notice of Lawsuit and Request for Waiver
of Service of Summons and Waiver of Service of Summons), and this Entry.
VI. Severance of Claims
As discussed above, the other claims asserted in the complaint are misjoined. The
misjoined claims shall either be severed into two new actions or dismissed without prejudice.
The plaintiff is the master of his complaint and shall be given the opportunity to determine which
course is followed. Myles v. United States, 416 F.3d 551, 552 (7th Cir. 2005) (noting that the
composition and content of the complaint are entirely the responsibility of the plaintiff, for “even
pro se litigants are masters of their own complaints and may choose who to sue-or not to sue”).
If new actions are opened, the plaintiff will be responsible for a filing fee for each new case and
the screening requirement of 28 U.S.C. § 1915A(b) will be triggered for each new case.

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The Court acknowledges that Mr. Van Cleave also alleges that on March 6, 2012, two unknown
transport officers lifted and dropped him while placing him in the back of a bus, causing him to land on
his right amputated leg. He required a second amputation above the right knee on March 28, 2012. As
discussed above, however, there is not yet an identified defendant for this claim.

The plaintiff shall have through May 28, 2014, in which to notify the Court whether he
wishes the Court to sever any claim(s) into new actions, and if so, he shall identify which claims
against which defendants. If the plaintiff fails to so notify the Court, the misjoined claims will be
considered abandoned and will be dismissed without prejudice.
IT IS SO ORDERED.

05/07/2014
Date: __________________
_______________________________

Distribution:
Randall K. Van Cleave
129896
New Castle Correctional Facility
Inmate Mail/Parcels
1000 Van Nuys Road
New Castle, IN 47362
Dr. Paul J. O’Brien
Nurse Practitioner Barnes
Nurse Nicole Webster
Dr. Naveen Rajoli

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

all at: Putnamville Correctional Facility
1946 West U.S. Hwy 40
Greencastle, IN 46135

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