KADAMOVAS v. CARAWAY et al

Filing 8

Entry Discussing Complaint, Dismissing Insufficient Claims, And Directing Service of Process - Any claims asserted against the unnamed officers or staff are dismissed without prejudice for failure to state a claim upon which relief can be granted. The claims of deliberate indifference to plaintiff's serious medical needs of asthma and breathing problems under the Eighth Amendment shall proceed against all remaining defendants. No partial final judgment shall issue as to the claims dismi ssed in this Entry. The clerk is designated pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure to issue process to defendants John Caraway, Former Warden; Charles A. Daniels; Warden; Michael L. Stephens, Former Unit Manager; Melissa Bayless, Former Unit Manager; Michael V. Sample, Unit Manager; Sara M. Revell, Regional Director; Dr. William E. Wilson, Clinical Director; Andrew William Rupska, Health Services Administrator, and the officials designated pursuant to Rule 4(i)(3 ). The clerk shall update the docket to reflect the dismissal of claims against the Unknown Defendants, John and Jane Doe Corrections Officials, Correction Officers, Lieutenants, Captain, John and Jane Doe Medical Staff, Psychology Staff, and Mental Health Staff. Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 3/9/2017.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
)
)
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Plaintiff,
)
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vs.
)
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JOHN CARAWAY Former Warden, United
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States Penitentiary Terre Haute,
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CHARLES A. DANIELS Warden, United
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States Penitentiary Terre Haute,
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MICHAEL L. STEPHENS Former Unit
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Manager of the Special Confinement Unit,
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United States Penitentiary Terre Haute,
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MELISSA BAYLESS Former Unit Manager
of the Special Confinement Unit, United States )
)
Penitentiary, Terre Haute,
MICHAEL V. SAMPLE Former Unit Manager )
of the Special Confinement Unit, United States )
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Penitentiary,
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SARA M. REVELL Bureau of Prisons
Regional Director of the North Central Region, )
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WILLIAM E. WILSON M.D., Clinical
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Director, United States Penitentiary, Terre
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Haute,
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ANDREW WILLIAM RUPSKA Health
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Services Administration,
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UNKNOWN DEFENDANTS,
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JOHN AND JANE DOE CORRECTIONS
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OFFICIALS,
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CORRECTION OFFICERS,
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LIEUTENANTS,
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CAPTAIN,
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UNKNOWN DEFENDANTS,
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JOHN AND JANE DOE MEDICAL STAFF,
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PSYCHOLOGY STAFF,
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MENTAL HEALTH STAFF,
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Defendants.
JURIJUS KADAMOVAS,

No. 2:17-cv-00050-WTL-DKL

Entry Discussing Complaint, Dismissing Insufficient Claims,
And Directing Service of Process

I. Screening of Complaint
The plaintiff, Jurijus Kadamovas (“Mr. Kadamovas”), is an inmate at the United States
Penitentiary in Terre Haute, Indiana. He brings his claims pursuant to the theory recognized in
Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). In his complaint, he
names the following defendants: 1) John Caraway, Former Warden; 2) Charles A. Daniels,
Warden; 3) Michael L. Stephens, Former Unit Manager; 4) Melissa Bayless, Former Unit
Manager; 5) Michael V. Sample, Unit Manager; 6) Sara M. Revell, Regional Director; 7) Dr.
William E. Wilson, Clinical Director; 8) Andrew William Rupska, Health Services
Administrator; and 9) a number of Jane and John Doe Unknown Officers and Staff at the United
States Penitentiary Terre Haute. He seeks compensatory damages and injunctive relief.
Mr. Kadamovas has paid the initial partial filing fee. The complaint is now subject to the
screening requirement of 28 U.S.C. § 1915A(b). This statute directs that the court dismiss a
complaint or any claim within a complaint which “(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is
immune from such relief.” Id.
Mr. Kadamovas alleges claims against a number of Unknown Defendants, John and Jane
Doe Corrections Officials, Correction Officers, Lieutenants, and Captain, and John and Jane Doe
Medical Staff, Psychology Staff and Mental Health Staff. “[I]t is pointless to include lists of
anonymous defendants in federal court; this type of placeholder does not open the door to
relation back under Fed.R.Civ.P. 15, nor can it otherwise help the plaintiff.” Wudtke v. Davel,
128 F.3d 1057, 1060 (7th Cir. 1997) (internal citations omitted). In addition, collective liability,
i.e., when claims are brought against Medical Staff, Psychology Staff, and Mental Health Staff,
is not permitted under 42 U.S.C. § 1983. Individual, personal involvement is required. See

Starzenski v. City of Elkhart, 87 F.3d 872, 879 (7th Cir. 1996). Therefore, any claims asserted
against the unnamed officers or staff are dismissed without prejudice for failure to state a
claim upon which relief can be granted.
The claims of deliberate indifference to plaintiff’s serious medical needs of asthma and
breathing problems under the Eighth Amendment shall proceed against all remaining defendants.
No partial final judgment shall issue as to the claims dismissed in this Entry.
II. Service of Process
The clerk is designated pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure
to issue process to defendants John Caraway, Former Warden; Charles A. Daniels; Warden;
Michael L. Stephens, Former Unit Manager; Melissa Bayless, Former Unit Manager; Michael V.
Sample, Unit Manager; Sara M. Revell, Regional Director; Dr. William E. Wilson, Clinical
Director; Andrew William Rupska, Health Services Administrator, and the officials designated
pursuant to Rule 4(i)(3). Process shall consist of a summons, which shall be served with a copy
of the complaint filed on February 1, 2017 (docket 1), and a copy of this Entry by the Marshal
for this District or his deputy, at the expense of the United States.
The clerk shall update the docket to reflect the dismissal of claims against the
Unknown Defendants, John and Jane Doe Corrections Officials, Correction Officers,
Lieutenants, Captain, John and Jane Doe Medical Staff, Psychology Staff, and Mental Health
Staff.
IT IS SO ORDERED.

Date: 3/9/17

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

NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION.

Distribution:
Electronically registered counsel
JURIJUS KADAMOVAS
No. 21050-112
TERRE HAUTE - USP
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808
United States Marshal
46 East Ohio Street
179 U.S. Courthouse
Indianapolis, IN 46204