CHASTAIN v. LAWRENCE COUNTY SHERIFF et al

Filing 8

ENTRY Dismissing Federal Claims and Directing that Action be Remanded to State Court - For the reasons explained above, no viable federal claim has been alleged such that neither party may rely on this court's supplemental jurisdiction to entert ain the state-law claims. See 42 U.S.C. § 1367(c)(3); Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); In re African-Am. Slave Descendants Litig., 471 F.3d 754,757-58 (7th Cir. 2006). Accordingly, this action is REMANDED to Lawrence County (Indiana) Circuit Court, Cause No. 47C01-1512-CT-001452. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/10/2016 (copy mailed to plaintiff).(LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
JASPER L. CHASTAIN,
Plaintiff,
vs.
LAWRENCE COUNTY SHERIFF,
LAWRENCE COUNTY JAIL STAFF,
LAWRENCE COUNTY SHERIFF DEPT.
AND EMPLOYEES,
Defendants.

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Case No. 4:16-cv-00010-TWP-TAB

Entry Dismissing Federal Claims and Directing that Action be Remanded to State Court
The plaintiff was given a period of time in which to show cause why any federal claims
thought to be brought pursuant to 42 U.S.C. § 1983 in this action should not be dismissed for
failure to state a claim pursuant to 28 U.S.C. § 1915A. The plaintiff responded. For the reasons set
forth below and in the Entry of January 26, 2016, the federal claims are dismissed. Without a viable
federal claim, this Court lacks jurisdiction over the state law claims. Accordingly, this action is
remanded to the Lawrence Circuit Court for resolution of the state law claims.
First, plaintiff Jasper L. Chastain, an inmate at the Wabash Valley Correctional Facility,
alleges that on April 16, 2015, he was a pretrial detainee incarcerated at the Lawrence County Jail.
On that day he slipped and fell after stepping out of the shower. He attributes the fall to the fact
that there was a puddle of water outside the shower area and no mat to step onto. Chastain asserts
that jail employees were aware of this unsafe condition and had a duty to mitigate the risk posed
by the chronically wet floor. But, a puddle outside a shower is not a condition which is sufficiently
serious to warrant liability under 42 U.S.C. § 1983. LeMaire v. Maass, 12 F.3d 1444,1457 (9th
Cir. 1993) (“slippery prison floors . . . do not state even an arguable claim for cruel and unusual

punishment”)(internal quotation marks and citation omitted). Accordingly, this federal claim is
dismissed. Nothing in this Entry prohibits the plaintiff from seeking relief under state tort law for
the negligence alleged on remand.
Second, Chastain asserts that he was denied adequate medical treatment for his serious
medical needs following his fall. As the Court previously noted, however, this claim must be
dismissed because there is no allegation of wrongdoing by any particular defendant. In response,
Chastain states that Dr. John Doe and Nurse Jane Doe refused to provide the medication prescribed
by Dr. Wright and refused to provide follow up care. The defendants named in this action,
Lawrence County Sheriff, Lawrence County Jail Staff and Lawrence County Sheriff Department
cannot be held liable for the actions of these two unknown defendants pursuant to 42 U.S.C.
§ 1983. 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”). Again, nothing in this Entry prohibits
the plaintiff from pursuing these tort claims under state law on remand.
For the reasons explained above, no viable federal claim has been alleged such that neither
party may rely on this court’s supplemental jurisdiction to entertain the state-law claims. See 42
U.S.C. § 1367(c)(3); Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); In re African-Am. Slave
Descendants Litig., 471 F.3d 754,757-58 (7th Cir. 2006). Accordingly, this action is
REMANDED to Lawrence County (Indiana) Circuit Court, Cause No. 47C01-1512-CT-001452.
IT IS SO ORDERED.

Date: 2/10/2016

Distribution:
JASPER L. CHASTAIN
161351
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
CARLISLE, IN 47838
All Electronically Registered Counsel