GRUND v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 9

ENTRY Discussing Complaint and Directing Further Proceedings - Any claim against the Indiana Department of Corrections or the Indiana Women's Prison must be dismissed because the Eleventh Amendment immunity bars suits against states and their agencies regardless of the relief sought, whether damages or injunctive relief. The plaintiff's claims against Julie Murphy, David Hinchman, and Corizon, shall proceed as claims that these defendants exhibited deliberate indifference to her serious medical needs. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Murphy, Hinchman, and Corizon in the manner specified by Rule 4(d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copies to Parties via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/5/2016.(JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

SUSAN GRUND,
Plaintiff,
vs.
INDIANA DEPARTMENT OF
CORRECTION,
INDIANA WOMEN’S PRISON,
CORIZON,
JULIE MURPHY,
DAVID HINCHMAN Dr., et al.,
Defendants.

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No. 1:16-cv-00096-TWP-MJD

Entry Discussing Complaint and Directing Further Proceedings
Plaintiff Susan Grund, an inmate at the Indiana Women’s Prison, brings this lawsuit
pursuant to 42 U.S.C. § 1983 alleging that the defendants have been deliberately indifferent to her
serious medical need for treatment of her breast implants which are causing her severe pain.
Because the plaintiff is a “prisoner” as defined by 28 U.S.C. ' 1915(h), 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, 127 S. Ct. 910, 921 (2007). To survive a
motion to dismiss, the complaint “must contain sufficient factual matter, accepted as true, to state
a claim to relief that is plausible on its face. . . . A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quotations
omitted). Pro se complaints such as that filed by the plaintiff, are construed liberally and held to a

less stringent standard than formal pleadings drafted by lawyers. Erickson, 551 U.S. at 94;
Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).
Based on the foregoing screening, certain claims will be dismissed while others will
proceed.
Any claim against the Indiana Department of Corrections or the Indiana Women’s Prison
must be dismissed because the Eleventh Amendment immunity bars suits against states and their
agencies regardless of the relief sought, whether damages or injunctive relief. Seminole Tribe of
Florida v. Florida, 517 U.S. 44, 58 (1996); Pennhurst State School and Hospital v. Halderman,
465 U.S. 89, 102 (1984). Moreover, states and their agencies are not “persons” subject to suit
pursuant to 42 U.S.C. ' 1983 under the circumstances alleged in Burchett=s complaint. Will v.
Michigan Department of State Police, 491 U.S. 58 (1989).
The plaintiff’s claims against Julie Murphy, David Hinchman, and Corizon, shall proceed
as claims that these defendants exhibited deliberate indifference to her serious medical needs.
The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants
Murphy, Hinchman, and Corizon in the manner specified by Rule 4(d). Process shall consist of the
complaint, 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: 4/5/2016

Distribution:
SUSAN GRUND
941457
INDIANA WOMENS PRISON
INDIANA WOMENS PRISON
Inmate Mail/Parcels
2596 Girls School Road
Indianapolis, IN 46214
Julie Murphy
Daivd Hinchman
Corizon
All At:
Indiana Women’s Prison
2596 Girl’s School Road
Indianapolis, IN 46214