HAYDEN v. AYERS et al

Filing 10

Entry Discussing Complaint and Directing Further Proceedings: Consistent with the foregoing, the plaintiff's motion to show cause [dkt 8] is granted. The plaintiff's motion for status of case and injunctive relief [dkt 9] is grante d to the extent that the clerk shall include a copy of the docket with the plaintiff's copy of this Entry. The motion is denied as premature to the extent that the plaintiff seeks injunctive relief because the defendants have not ye t been served with process or appeared in this action. Thus, any claims for damages against the defendants in their official capacities as employees of the Indiana Department of Corrections are dismissed ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 5/21/2015. (DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

DAVID WAYNE HAYDEN, JR.,
Plaintiff,
vs.
AYERS Mrs., RN,
WADLEIGH Nurse Practitioner,
BOURDIN Dr.,
D. DEWENGER Dr.,
Defendants.

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Case No. 1:15-cv-00107-WTL-TAB

Entry Discussing Complaint and Directing Further Proceedings
Plaintiff David Wayne Hayden, an inmate at the New Castle Correctional Facility, brings
complaint pursuant to 42 U.S.C. § 1983 alleging that the defendants have improperly denied his
migraine medicine. The plaintiff was directed to show cause why this action should not be
dismissed as duplicative of the action in No. 1:14-cv-1912-JMS-MJD. Based on the plaintiff’s
response, this action shall not be dismissed and will proceed separately from No. 1:14-cv-1912JMS-MJD at this time. Consistent with the foregoing, the plaintiff’s motion to show cause [dkt 8]
is granted. The plaintiff’s motion for status of case and injunctive relief [dkt 9] is granted to the
extent that the clerk shall include a copy of the docket with the plaintiff’s copy of this Entry. The
motion is denied as premature to the extent that the plaintiff seeks injunctive relief because the
defendants have not yet been served with process or appeared in this action.
The complaint is subject to the screening requirement of 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, 549 U.S. 199, 215 (2007).
Based on the foregoing screening, the following claims will proceed.
Mr. Hayden’s claim that defendants Nurse Practitioner Wadleigh, Dr. Bourdin, Dr.
Dewenger, and Nurse Ayers either denied or reduced his migraine medication shall proceed as a
claim that these defendants exhibited deliberate indifference to Mr. Hayden’s serious medical
needs in violation of the Eighth Amendment to the United States Constitution.
Mr. Hayden’s claim that these defendants denied or reduced his medication in retaliation
for filing lawsuits shall also proceed as a claim that these defendants violated his First
Amendment rights.
The complaint purports to allege claims against the defendants in both their official and
individual capacities. An official-capacity claim is effectively a suit against the governmental
entity employing the defendant. Scott v. O'Grady, 975 F.2d 366, 369 (7th Cir.1992), cert. denied,
508 U.S. 942 (1993). In this case, therefore, an official capacity claim against the defendant
individuals as employees of the Indiana Department of Correction would in essence be against the
State of Indiana. Such claims are barred by the Eleventh Amendment to the United States
Constitution, and the doctrine of sovereign immunity. See Kentucky v. Graham, 473 U.S. 159,
165-67 and n.14 (1985) (suit for damages against state officer in official capacity is barred by the
Eleventh Amendment). Thus, any claims for damages against the defendants in their official
capacities as employees of the Indiana Department of Corrections are dismissed.
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.
_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

Date: 5/21/15
Distribution:

DAVID W. HAYDEN, JR.
962384
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362
Mrs. Ayers RN
Nurse Practitioner Wadleigh
Dr. Bourdin
Dr. Dewenger
All at:
NEW CASTLE CORRECTIONAL FACILITY
1000 Van Nuys Road
NEW CASTLE, IN 47362