NELSON v. WOODS et al
ENTRY Discussing Complaint - The claim against defendant Woods shall proceed as a claim that this defendant exercised excessive force against Mr. Nelson. All other claims are dismissed. If the plaintiff believes he asserted claims that were not disc ussed in this Entry, he shall have through September 7, 2015, in which to notify the Court. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue and serve process on defendant Scott Woods. Copies sent pursuant to distribution list. Signed by Judge William T. Lawrence on 8/11/2015.(AH)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
RONALD NELSON, JR.,
SCOTT WOODS officer,
Entry Discussing Complaint and Directing Further Proceedings
Plaintiff Ronald Nelson, an inmate at the Putnamville Correctional Facility, brings this
action pursuant to 42 U.S.C. § 1983, alleging that he was subjected to constitutionally excessive
force while he was housed at the Clark County Jail.
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).
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 under federal pleading
[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, 556 U.S. 662, 678 (2009). Thus, a “plaintiff must do better than putting a few
words on paper that, in the hands of an imaginative reader, might suggest that something has
happened to her that might be redressed by the law.” Swanson v. Citibank, N.A., 614 F.3d 400, 403
(7th Cir. 2010) (emphasis in original).
Based on the foregoing screening certain claims will be dismissed while others shall
proceed, consistent with the following:
The following claims are dismissed: Any claim against the Clark County Jail is dismissed
because the Jail is a non-suable entity. See Smith v. Knox County Jail, 666 F.3d 1037, 1040 (7th
Cir. 2012). The claims against Sheriff Jamie Noel brought because he “is the sheriff right now,” is
dismissed. First, this defendant is not alleged to have personally participated in any of the alleged
actions. See Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir. 2012) (section 1983 liability requires a
defendant’s personal involvement in the alleged constitutional violation). Further, he cannot be
liable simply based upon any supervisory responsibility. See West v. Waymire, 114 F.3d 646, 649
(7th Cir. 1997)(“the doctrine of respondeat superior is not available to a plaintiff in a section 1983
suit”). Next, any claim against Lieutenant Colonel Brian Myers is dismissed because all such
claims are based on this defendant’s supervisory role. See id.
The following claim shall proceed: The claim that Deputy Scott Woods sprayed Mr.
Nelson with pepper spray and punched him shall proceed as a claim that this defendant exercised
excessive force against Mr. Nelson.
In summary, the claim against defendant Woods shall proceed as a claim that this
defendant exercised excessive force against Mr. Nelson. All other claims are dismissed. If the
plaintiff believes he asserted claims that were not discussed in this Entry, he shall have through
September 7, 2015, in which to notify the Court.
The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue and serve process on
defendant Scott Woods in the manner specified by Fed. R. Civ. P. 4(d)(2). Process in this case
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
RONALD NELSON, JR.
PUTNAMVILLE - CF
PUTNAMVILLE CORRECTIONAL FACILITY
1946 West U.S. Hwy 40
Greencastle, IN 46135
Clark County Jail
501 E. Court Avenue
Jeffersonville, IN 47130
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