REDMOND v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 8

ORDER Severing Misjoined Claims and Directing the Opening of New Civil Actions. Claims in the newly-opened actions are distinct from those in this action and from each other. The action docketed as No. 1:17-cv-109-LJM-MPB shall proceed as to defenda nts L.A. Van Natta, Final Reviewing Authority; the Indiana Department of Correction; and Wendy Knight, Superintendent. All claims against all other defendants are dismissed without prejudice. (See Order.) Signed by Judge Larry J. McKinney on 1/18/2017. Copy sent to Plaintiff via US Mail.(LDH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JOHN H. REDMOND, IV,
Plaintiff,
vs.
INDIANA DEPARTMENT OF
CORRECTION Corporation, WENDY
KNIGHT Superintendent, D. RITCHIE
Assistant Superintendent Re-Entry,
L.A. VAN NATTA Final Reviewing
Authority, CORRECTIONAL OFFICER
ROGERS Correctional Officer, T. AARON
COX Former Director of the T.C., ROBERT
STAFFORD Grievance Coordinator, LAURA
RASMUSSEN Assistant Grievance
Coordinator, T. UPCHURCH Former
Sergeant, now Lieutenant, DEPUTY SHERIFF
PALMER Correctional Officer, CLOE
Correctional Officer, CASSANDRA
FEASTER Former Aramark Employee,
LT. GARDNER Former Correctional Officer
of C.I.F., R. SIDWELL Former Correctional
Officer and Chairman,
Defendants.

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Case No. 1:17-cv-00109-LJM-MPB

Order Severing Misjoined Claims and
Directing the Opening of New Civil Actions
I.
In George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007), the Court of Appeals explained that
“[u]nrelated claims against different defendants belong in different suits.” Rule 18 of the Federal
Rules of Civil Procedure allows joinder of multiple parties only when the allegations against them
involve the same conduct or transaction and common questions of fact and law as to all defendants.

Rule 20(a) allows defendants to be joined in one action if a right to relief is asserted against them
jointly with respect to the same transaction or occurrence, and a question of law or fact common
to all defendants will arise in the action. The complaint of John H. Redmond violates the misjoinder
of claims limitations of Rules 18 and 20(a). The violation here consists of the diversity of claims
against the multitude of defendants. DirecTV, Inc. v. Leto, 467 F.3d 842, 844 (3d Cir.
2006)(“Misjoinder. . . occurs when there is no common question of law or fact or when . . . the
events that give rise to the plaintiff’s claims against defendants do not stem from the same
transaction.”).
In such a situation, “[t]he court may . . . add or drop a party. The court may also 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). This is the remedy that will be applied to the complaint.
II.
This action shall proceed against defendants L.A. Van Natta, Final Reviewing Authority;
the Indiana Department of Correction; and Wendy Knight, Superintendent, as to plaintiff’s Claim
I/Facts A and Claim I/Facts F:

Dkt. 1 at 7.

. . . [page break in original].

Dkt. 1 at p. 8-9.
All other claims and defendants are severed. Specifically, the claims against D. Ritchie,
Correctional Officer Rogers, Aaron Cox, Robert Stafford, Laura Rasmussen, T. Upchurch, Deputy
Sheriff Palmer, Cloe, Cassandra Feaster, Lt. Gardner and R. Sidwell are severed from the original
complaint. The clerk is directed to terminate these individuals as defendants in this case.

III.
To effectuate the ruling in Part II of this Entry, seven new civil actions from the
Indianapolis Division shall be opened, consistent with the following:
a.

John H. Redmond, IV, shall be the plaintiff in each of the newly opened actions.

b.

The Nature of Suit in each of the newly opened actions shall be 555.

c.

The Cause of Action of each of the newly opened actions shall be 42:1983pr.

d.
The complaint in this action shall be re-docketed as the complaint in each of the
newly opened actions. The exhibits attached to the complaint are to be disregarded and
not refiled (that is, dkts 1-1, 1-2 and 1-3).
e.
Redmond’s request to proceed in forma pauperis [dkts. 5 and 5-1] shall likewise
be filed and re-docketed in each of the newly opened actions.

f.

A copy of this Entry shall be docketed in the newly opened action.

g.
This action and each of the newly-opened actions shall be shown with this action
and with each other as linked actions.
h.
The defendant in the first of the newly opened actions shall be Correctional
Officer Rogers. See docket number 1 at page 7, stating:

i.
The defendant in the second of the newly opened actions shall be T. Aaron Cox.
See docket number 1 at p. 7, stating:

And docket number 1 at p. 8:

k.
The defendant in the third of the newly opened actions shall be Grievance
Coordinator Robert Stafford. See docket number 1 at p. 8, stating:

l.
The defendant in the fourth of the newly opened actions shall be Lt. T. Upchurch.
See docket number 1 at p. 8, stating:

m.
The defendant in the fifth of the newly opened actions shall be Correctional
Officer Palmer. See docket number 1 at p. 8, stating:

n.
The defendant in the sixth of the newly opened actions shall be Former Aramark
Employee Cassandra Feaster. See docket number 1 at p. 8, stating:

o.
The defendant in the seventh of the newly opened actions shall be Lt. Gardner.
See docket number 1 at p. 8, stating:

p.
The defendant in the eighth of the newly opened actions shall be D. Ritchie. See
docket number 1 at p. 8, stating:

i.

The assignment of judicial officers shall be by random draw.
IV.

Claims in the newly-opened actions are distinct from those in this action and from each
other.
The action docketed as No. 1:17-cv-109-LJM-MPB shall proceed as to defendants L.A.
Van Natta, Final Reviewing Authority; the Indiana Department of Correction; and Wendy Knight,
Superintendent. All claims against all other defendants are dismissed without prejudice.
IT IS SO ORDERED.
1/18/2017
Date: __________________
Distribution:
JOHN H. REDMOND, IV
147172
PENDLETON - CIF
CORRECTIONAL INDUSTRIAL FACILITY
Inmate Mail/Parcels
5124 West Reformatory Road
PENDLETON, IN 46064

________________________________
LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana