NEELY-BEY TARIK-EL v. KNIGHT

Filing 12

Entry Discussing Complaint. Dismissing Insufficient Claims and Directing Further Proceedings: As an initial matter, the plaintiff's motion for leave to file amend complaint [dkt. 11] is denied as unnecessary in light of the Court 9;s Entry dated May 5, 2015, directing the plaintiff to file an amended complaint. The clerk is instructed to re-file the document at docket Entry 11 as the amended complaint. The plaintiff's claim against defendant M. Doles-Bay must be dismissed. The case shall proceed as to the First Amendment claims against Wendy Knight and David Smith. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to the defendants Wendy Knight and David Smith in the manner specified by Rule 4(d) ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 7/29/2015. Copy sent via US Mail. (DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DERRICK D. NEELY-BEY TARIK-EL,
Plaintiff,
vs.
WENDY KNIGHT, DAVID SMITH,
Defendants.

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Entry Discussing Complaint. Dismissing Insufficient Claims
and Directing Further Proceedings
As an initial matter, the plaintiff’s motion for leave to file amend complaint [dkt. 11] is
denied as unnecessary in light of the Court’s Entry dated May 5, 2015, directing the plaintiff to
file an amended complaint. The clerk is instructed to re-file the document at docket Entry 11 as
the amended complaint.
I. Background
Plaintiff Derrick Neely-Bey Tarik-El filed an amended complaint docketed
contemporaneously with this Entry, alleging that his constitutional rights were violated when he
was disciplined for engaging in his religious practice. More specifically, the plaintiff states that he
is a member of the Moorish Science Temple of America, but alleges that a minister from the
Moorish Science Temple of America instructed the facility where the plaintiff is incarcerated that
he (the plaintiff) was not to teach, facilitate or serve the Moorish Temple or speak at Friday Holy
Day services. He was speaking on a Friday in violation of these instructions and as a result
allegedly received a conduct report for disruptive behavior. The plaintiff alleges that the
defendants violated his right to religious freedom pursuant to the First Amendment by enforcing

the restriction placed on him by the Moorish Science Temple of America. He seeks injunctive
relief.
II. Insufficient Claims
The plaintiff’s claim against defendant M. Doles-Bay must be dismissed. To be liable
under 42 U.S.C. § 1983, the defendants must be acting under color of state law. Case v. Milewski,
327 F.3d 564, 566 (7th Cir. 2003). Here, the plaintiff specifically states that M. Doles-Bay is not
an employee of the Correctional Industrial Facility. He does not otherwise allege, nor can it be
plausibly inferred from the complaint, that M. Doles-Bay is a state actor. Accordingly, the plaintiff
cannot sue the M. Doles-Bay for constitutional violations under 42 U.S.C. § 1983.
III. Claims that May Proceed
The plaintiff’s First Amendment claim against defendants Wendy Knight and David Smith
in their official capacity for injunctive relief may proceed as submitted.
IV. Further Proceedings
The case shall proceed as to the First Amendment claims against Wendy Knight and David
Smith.
The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to the defendants
Wendy Knight and David Smith in the manner specified by Rule 4(d). Process shall consist of the
amended complaint docketed contemporaneously with this Entry, applicable forms (Notice of
Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and
this Entry.
IT IS SO ORDERED.

Date: 7/29/15

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

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

Distribution:
DERRICK D. NEELY-BEY TARIK-EL
#973338
Pendleton Correctional Facility
Inmate Mail/Parcels
5124 West Reformatory Road
Pendleton, IN 46064
Wendy Knight
Pendleton Correctional Facility
5124 West Reformatory Road
Pendleton, IN 46064
David Smith
Pendleton Correctional Facility
5124 West Reformatory Road
Pendleton, IN 46064