Rindahl v. Malsam-Rysdon et al

Filing 14

ORDER AMENDING CAPTION AND DIRECTING SERVICE UPON DEFENDANT SURGICAL INSTITUTE OF SOUTH DAKOTA. Signed by Chief Judge Roberto A. Lange on 1/17/2023. Mailed to Plaintiff 1/17/2023(DJP)

Case 4:22-cv-04073-RAL Document 14 Filed 01/17/23 Page 1 of 5 PageID #: 293

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

RANDY LEE RINDAHL,

4:22-CV-04073-RAL

Plaintiff,
ORDER AMENDING CAPTION AND
vs.

DIRECTING SERVICE UPON
DEFENDANT SURGICAL INSTITUTE OF

TIM REISCH,INTERIM SECRETARY OF
CORRECTIONS,IN HIS INDIVIDUAL
CAPACITY; DOUG CLARK,ACTING
WARDEN / INTERIM SECRETARY OF

CORRECTIONS / DEPUTY SECRETARY,IN
HIS INDIVIDUAL CAPACITY;DAN
SULLIVAN, WARDEN,IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY; TROY PONTO,
DEPUTY WARDEN,IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY; JOHN
RENTING, ASSOC. WARDEN,IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY; J.
COOK,ASSOC. WARDEN,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
C. ROTERT,EX-ASSOC. WARDEN / CCM,
IN HIS OR HER INDIVIDUAL AND

OFFICIAL CAPACITY; ALAN MADSEN,
SECTION MANAGER,IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY; SAM BADURE,
SECTION MANAGER,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
ELLIS, SECTION MANAGER,IN HIS OR
HER INDIVIDUAL AND OFFICIAL

CAPACITY; T. SCHNEIDER,SECTION
MANAGER,IN HIS OR HER INDIVIDUAL
AND OFFICIAL CAPACITY; K. OLSON,
CASE MANAGER,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;

M. JONES,DISCIPLINARY HEARING
OFFICER,IN HIS OR HER INDIVIDUAL
AND OFFICIAL CAPACITY; J. DREISKE,
EX-DEPUTY WARDEN,IN HER
INDIVIDUAL CAPACITY;D. YOUNG,EXWARDEN,IN HIS INDIVIDUAL CAPACITY;

SOUTH DAKOTA

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L. LENTER,RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
B. RAU,RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
D. FRITZ,RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
S. WOODWARD,RADIOLOGIST,IN HIS OR
HER INDIVIDUAL AND OFFICIAL

CAPACITY; S. LOCKWOOD,
RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
BROZIK, MD,IN HIS OR HER INDIVIDUAL
AND OFFICIAL CAPACITY; W. MULLIN,
RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
M. MYERS,RADIOLOGIST,IN HIS OR HER
INDIVIDUAL AND OFFICIAL CAPACITY;
UNKNOWN MEDICAL PERSONNEL,IN
THEIR INDIVIDUAL AND OFFICIAL

CAPACITIES; CORRECTIONAL HEALTH
SERVICES; M. CARPENTER,MEDICAL
DIRECTOR,IN HER INDIVIDUAL AND
OFFICIAL CAPACITY; E. REGIER, MD,IN
HIS OR HER INDIVIDUAL AND OFFICIAL

CAPACITY; UNKNOWN CORRECTIONAL
HEALTH SERVICES NURSING STAFF,IN
THEIR INDIVIDUAL AND OFFICIAL

CAPACITIES; AVERA MEDICAL GROUP;
SURGICAL INSTITUTE OF SOUTH

DAKOTA;SIOUX FALLS SPECIAL
HOSPITAL; GTEL/GLOBAL TEL LINK
CORPORATION; CENTER FOR
DIAGNOSTIC IMAGING;KELLIE WASKO,
IN HER OFFICIAL CAPACITY,
Defendants.

Plaintiff Randy Lee Rindahl, an inmate at the South Dakota State Penitentiary (SDSP),

filed a pro se lawsuit under 42 U.S.C. § 1983 and several other federal statutes. Doc. 1. This
Court screened Rindahl's complaint under 28 U.S.C. § 1915A, dismissing it in part and directing

service in part. Doc. 12. In his complaint, Rindahl made several allegations that Samuel Yost, an

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employee ofSDSP,violated his rights, although he did not name Yost as a defendant in the caption

of his complaint.

Doc. 1 at 1-2, 40-41, 43, 48, 51-52. This Court construed Rindahl's

complaint as bringing claims against Yost and directed service on Yost. Doc. 12 at 56-57. This

Court believes that Rindahl's failure to name Yost in the caption of his complaint was an oversight
on the part of Rindahl, and Yost will be added to the caption of this lawsuit. Further, Rindahl
refers to the SDSP Warden as David Sullivan. Doc. 1 at 1. The SDSP Warden's actual name is
Dan Sullivan.

This Court's screening order found that Rindahl alleged facts sufficient to state an Eighth
Amendment deliberate indifference to serious medical needs claim against several defendants in
their individual capacities and in their official capacities for injunctive relief, including Surgical
Institute of South Dakota. Doc. 12 at 34-35. Rindahl also alleged facts sufficient to state a claim
for state-law medical malpractice against the third-party medical defendants. S^ id. at 35. But

the screening order failed to direct service on Surgical Institute of South Dakota. S^id at 56-57.
Thus, Rindahl's Eighth Amendment deliberate indifference to serious medical needs claim against

Surgical Institute of South Dakota in its individual capacity and in its official capacity for
injunctive relief and his state-law medical malpractice claim against Surgical Institute of South
Dakota survive § 1915A screening.
Accordingly, it is
ORDERED that the caption of this lawsuit be amended to add Samuel Yost as a defendant

in his individual and official capacity and to change Defendant David Sullivan's name to Dan
Sullivan. It is further

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ORDERED that Rindahl's Eighth Amendment deliberate indifferenee to serious medieal
needs claim against Surgical Institute of South Dakota in its individual capacity and in its official
capacity for injunetive relief survives § 1915A screening. It is further
ORDERED that Rindahl's state-law medieal malpractice claim against Surgical Institute
of South Dakota survives § 1915A screening. It is further
ORDERED that the Clerk shall send a blank summons form and United States Marshals

Service Form (Form USM-285) to Rindahl so that he may complete the form to cause the
complaint to be served upon Defendant Surgical Institute of South Dakota. It is further
ORDERED that Rindahl shall complete and send the Clerk of Court a summons and USM285 form for Defendant Surgical Institute of South Dakota. Upon receipt of the completed
summons and USM-285 form, the Clerk of Court will issue the summons. If the completed
summons and USM-285 form are not submitted as directed, the complaint against Surgical
Institute of South Dakota may be dismissed. It is further

ORDERED that the United States Marshals Service shall serve the completed summons,
together with a copy of the complaint. Doc. 1, Rindahl's supplement containing additional

allegations. Doc. 9,this Court's screening order. Doc. 12, and this order upon Defendant Surgical
Institute of South Dakota. It is further

ORDERED that Defendant Surgical Institute of South Dakota will serve and file an answer

or responsive pleading to the complaint and supplement on or before 21 days following the date
of service or 60 days ifthe defendant falls under Fed. R. Civ. P. 12(a)(2) or (3). It is finally
ORDERED that Rindahl will keep the court informed of his current address at all times.

All parties are bound by the Federal Rules of Civil Procedure and by the court's Civil Local Rules
while this case is pending.

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DATED January

2023.
BY THE COURT:

ROBERTO A. LANGE

CHIEF JUDGE