LITTLER v. MCDONALD et al

Filing 14

Entry Discussing Amended Complaint and Directing Further Proceedings - The claims in this case were severed from a prior lawsuit. Because the complaint contained claims and involved numerous defendants that are not part of this action, Littler was d irected to file an amended complaint. Littler's amended complaint was screened pursuant to 28 U.S.C. § 1915A(b) and certain claims were dismissed for failure to state a claim. Littler has since filed a "Revised Amended Complaint.&qu ot; The Revised Amended Complaint shall be docketed as the Second Amended Complaint. The clerk shall add Blake McDonald, Stephen Murphy, Israel Brewer, Denver Smith, Tracy Cobb, Austin Vansickle, Allan Adams, Douglas Mills, Dustin Pirtle, and Ryan Brandenburg as defendants on the docket. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). (See Entry.) Copies distributed pursuant to distribution list. Signed by Judge William T. Lawrence on 3/17/2017.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

PHILLIP LITTLER,
Plaintiff,
vs.
BLAKE MCDONALD, et al.,

Defendants.

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No. 2:16-cv-00473-WTL-DKL

Entry Discussing Amended Complaint and Directing Further Proceedings
Plaintiff Phillip Littler, an inmate of the Westville Correctional Facility, brings this case
pursuant to 42 U.S.C. § 1983 alleging that he was subjected to excessive force when he was
housed at the Wabash Valley Correctional Facility. The claims in this action relate a cell
extraction that occurred on January 8, 2016. The defendants are: Blake McDonald, Stephen
Murphy, Israel Brewer, Denver Smith, Tracy Cobb, Austin Vansickle, Allan Adams, Douglas
Mills, Dustin Pirtle, Ryan Brandenburg, Assistant Superintendent Frank Littlejohn, and
Superintendent Richard Brown. The claims in this case were severed from a prior lawsuit.
Because the complaint contained claims and involved numerous defendants that are not part of
this action, Littler was directed to file an amended complaint. Littler’s amended complaint was
screened pursuant to 28 U.S.C. § 1915A(b) and certain claims were dismissed for failure to state
a claim. Littler has since filed a “Revised Amended Complaint.” The Revised Amended
Complaint shall be docketed as the Second Amended Complaint.
Like the Amended Complaint, the Second Amended 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).
In the Second Amended Complaint, Littler alleges that on January 8, 2016, Tracy Cobb
asked if Littler would consent to have his cell searched. When Littler refused, the cell extraction
team proceeded to conduct an extraction. Defendants Blake McDonald, Stephen Murphy, Israel
Brewer, Denver Smith, Tracy Cobb, Austin Vansickle, Allan Adams, Douglas Mills, Dustin
Pirtle, and Ryan Brandenburg all participated in the cell extraction. One of these officers jumped
on Littler and began choking him and one of these officers assaulted Littler. Littler was thereafter
transferred to a shower cell, where he was again assaulted by officers. None of the other officers
present attempted to stop these assaults. Littler further alleges that Superintendent Richard
Brown and Frank Littlejohn maintain a policy of allowing correctional officers to abuse
prisoners by refusing to discipline officers who exercise excessive force and promoting officers
who demonstrate a propensity for using excessive force. Littler further asserts that he wrote
letters to both Brown and Littlejohn concerning past assaults and the alleged assaults
nevertheless continued. He also alleges that he submitted grievances to Major Russell regarding

his allegations that officers exercised excessive force against him, but these grievances were
initially ignored.
Based on this screening, the following claims shall proceed: the claim that Defendants
Blake McDonald, Stephen Murphy, Israel Brewer, Denver Smith, Tracy Cobb, Austin Vansickle,
Allan Adams, Douglas Mills, Dustin Pirtle, and Ryan Brandenburg participated in a cell
extraction and other procedures during which Littler was assaulted shall proceed as a claim that
these defendants either exercised excessive force against Littler or failed to protect him from the
use of force in violation of the Eighth Amendment. In addition, Littler’s claim that defendants
Brown, Littlejohn, and Russell maintain a policy of ignoring or rewarding the use of force, shall
proceed as a claim that these defendant failed to protect him from the alleged use of force in
violation of the Eighth Amendment.
The clerk shall add Blake McDonald, Stephen Murphy, Israel Brewer, Denver Smith,
Tracy Cobb, Austin Vansickle, Allan Adams, Douglas Mills, Dustin Pirtle, and Ryan
Brandenburg as defendants on the docket. The clerk is designated pursuant to Fed. R. Civ. P.
4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall
consist of the Second Amended Complaint filed on March 13, 2017 (docket 13), 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: 3/17/17

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

Distribution:
PHILLIP LITTLER
121098
WESTVILLE - CF
WESTVILLE CORRECTIONAL FACILITY
Inmate Mail/Parcels
5501 South 1100 West
WESTVILLE, IN 46391
Electronic Service to the following employees at the Wabash Valley Correctional Facility:
Richard Brown
Major Russell
Frank Littlejohn
Blake McDonald
Stephen Murphy
Israel Brewer
Denver Smith
Tracy Cobb
Austin Vansickle
Allan Adams
Douglas Mills
Dustin Pirtle
Ryan Brandenburg