RIDDLE et al v. BATHOLOMEW COUNTY et al

Filing 16

ENTRY - 15 Motion for Leave to File Amended Complaint is granted. The clerk is directed to docket the proposed complaint, dkt. [15-1], as the amended complaint in this action. The plaintiff's claim against Bartholomew County Commissioners is dismissed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Sgts. Weaver and Reed, Officers Fippen, Greenly, Tooley and Searles, and Lt. Stillabower in the manner specified by Fed. R. Civ. P. 4(d). Pr ocess shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge Tanya Walton Pratt on 1/17/2018. (Copy mailed to Plaintiff, Sgt. Weaver, Sgt. Reed, Officer Fipper, Officer Greenly, Officer Tooley, Officer Searles, and Lt. Stillabower ) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CHRISTOPHER RIDDLE,
)
)
Plaintiff,
)
)
v.
)
No. 1:17-cv-03710-TWP-MJD
)
MATT MYERS Sheriff,
)
)
Defendant.
)
Entry Granting Motion for Leave to File
Amended Complaint and Directing Service of Process
The plaintiff’s motion for leave to file amended complaint, dkt. [15], is granted. The clerk
is directed to docket the proposed complaint, dkt. [15-1], as the amended complaint in this action.
The plaintiff is a prisoner currently incarcerated at the Bartholomew County Jail. Because
the plaintiff is a “prisoner” as defined by 28 U.S.C. § 1915(h), this Court has an obligation under
28 U.S.C. § 1915A(b) to screen his amended complaint. Pursuant to 28 U.S.C. § 1915A(b), the
Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or
seeks monetary relief against a defendant who is immune from such relief. In determining whether
the complaint states a claim, the Court applies the same standard as when addressing a motion to
dismiss under Federal Rule of Civil Procedure 12(b)(6). See Lagerstrom v. Kingston, 463 F.3d
621, 624 (7th Cir. 2006). To survive dismissal,
[the] complaint must contain sufficient factual matter, accepted as true, to state a
claim for 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, 556 U.S. 662, 678 (2009). 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. Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).

The plaintiff amended his complaint to add nine new defendants. First, he alleges that seven
corrections officers have implemented discriminatory disciplinary sanctions at the direction of
defendant Sheriff Matt Myers. Those officers are Sgts. Weaver and Reed, Lt. Stillabower, and
Officers Fippen, Greenly, Tooley and Searles. The plaintiff’s allegations against these defendants
are sufficient to support an equal protection claim on the basis of gender, as discussed in the first
screening entry of November 29, 2017.
The plaintiff’s claim against Bartholomew County Commissioners is dismissed. The basis
of the plaintiff’s claim against Bartholomew County Commissioners is that the county
commissioners are responsible for the policies of the sheriff’s department and responsible for the
training of sheriff deputies. The plaintiff is mistaken. Bartholomew County Commissioners are
not responsible for setting or implementing policy within the Sheriff’s Department. Estate of
Drayton v. Nelson, 53 F.3d 165, 167-68 (7th Cir. 1994); Donahue v. St. Joseph County, 720
N.E.2d 1236, 1241 (Ind. Ct. App. 1999).
The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants
Sgts. Weaver and Reed, Officers Fippen, Greenly, Tooley and Searles, and Lt. Stillabower in the
manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the amended 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: 1/17/2018

Distribution:
CHRISTOPHER RIDDLE
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
All Electronically Registered Counsel
Sgt. WEAVER
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Sgt. REED
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Officer FIPPEN
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Officer GREENLY
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Officer TOOLEY
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Officer SEARLES
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201
Lt. STILLABOWER
Bartholomew County Jail
543 2nd Street
Columbus, IN 47201