PETERSON v. DIETER et al

Filing 11

SCREENING ENTRY TO CORRECT CAPTION AND PROCESS SERVICE - The Court does not view "Security Staff" as a separate defendant and that designation shall be terminated as a defendant. The clerk shall also show No. 1:14-cv-0725-SEB-MJD to be a related case to this case. 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 amended complaint, applicable forms and this Entry. Copies Mailed. **SEE ENTRY**. Signed by Judge Tanya Walton Pratt on 5/18/2015.(MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LAWRENCE PETERSON,
Plaintiff,
vs.
MR. DIETER, et. al,
Defendants.

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Case No. 1:14-cv-00923-TWP-DKL

SCREENING ENTRY TO CORRECT CAPTION AND PROCESS SERVICE
Plaintiff Lawrence Peterson (“Peterson”) is a convicted offender who was confined at the
Duvall Residence Center (“Duvall”) from January 15, 2014 to May 1, 2014. Duvall is a workrelease center in Indianapolis operated under contract with the Indiana Department of Correction
(“DOC”). On June 12, 2014 Peterson filed an amended complaint under 42 U.S.C. $ 1983 alleging
violations under the Fourteenth Amendment. The defendants sued by Peterson in this civil rights
action are each employed at Duvall and each are sued in their individual capacities.
An adjustment in the roster of defendants is warranted. The docket generated when this
action was received shows “Security Staff” to be a defendant separate from Mr. Gray. The Court
reads the complaint and amended complaint as indicating that Mr. Gray is sued as a member of
the Security Staff at Duvall. The Court does not view “Security Staff” as a separate defendant and
that designation shall be terminated as a defendant. The clerk shall also show No. 1:14-cv-0725SEB-MJD to be a related case to this case.

Peterson alleges that while at Duvall he was threatened with discipline if he did not agree
to withdraw grievances he had filed about conditions at Duvall and that he was transferred to a
regular Indiana prison when he refused to do so. He seeks compensatory and punitive damages.
Peterson was a “prisoner” as defined by 28 U.S.C. § 1915(h) at the time this action was
filed. His amended complaint is therefore subject to the screening required by 28 U.S.C. §
1915A(b). Except as specified above concerning the termination of “Security Staff” as a defendant,
the action will proceed.
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 amended
complaint, applicable forms and this Entry.
IT IS SO ORDERED.

Date: 5/18/2015

Distribution:
Mr. Dieter, Director
Marion County Community Corrections
Duvall Work Release Center
1848 Ludlow Ave.
Indianapolis, IN 46201
Chris Morrison, Supervisor
Marion County Community Corrections
Duvall Work Release Center
1848 Ludlow Ave.
Indianapolis, IN 46201
Mr. Sandman, Supervisor
Marion County Community Corrections
Duvall Work Release Center
1848 Ludlow Ave.
Indianapolis, IN 46201
Mr. Gray, Security Staff
Marion County Community Corrections
Duvall Work Release Center
1848 Ludlow Ave.
Indianapolis, IN 46201
Becca Remillard, Case Manager
Marion County Community Corrections
Duvall Work Release Center
1848 Ludlow Ave.
Indianapolis, IN 46201
LAWRENCE PETERSON
2720 Anna Lane
Indianapolis, IN 46205