ARNOLD v. COY et al, No. 1:2019cv03820 - Document 45 (S.D. Ind. 2020)

Court Description: ENTRY GRANTING MOTION TO AMEND, SCREENING FIFTH AMENDED COMPLAINT, AND DIRECTING ISSUANCE AND SERVICE OF PROCESS - The plaintiff's motion to correct error, dkt. 38 , motion to amend complaint, dkt. 40 , and motion to alter or amend judgmen t, dkt. 41 , are GRANTED to the extent that the Court will screen the plaintiff's fifth amended complaint. Dkt. 39-1. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Officer Jamie Coy, Sgt. David You ng, Lt. Michael Krul, Officer Leslie Goodman, Officer Petty, Sgt. Dustin Kidd, and Officer Nikko Rucker in the manner specified by Rule 4(d). Process shall consist of the fifth amended complaint tendered on April 30, 2020 (dkt. 39-1), applicable f orms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is directed to update the docket by adding defendants Officer Leslie Goodman, Officer Petty, Sgt. Dustin Kidd, and O fficer Nikko Rucker. The clerk is directed to file and re-docket the Fifth Amended Complaint, currently at dkt. 39-1. The clerk is requested to send a courtesy copy of this Entry to attorney Adam Forrest. Mr. Forrest is requested to provide last known addresses for defendants who are no longer employed at New Castle Correctional Facility (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 5/20/2020. Copies distributed pursuant to distribution list. (DWH)

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ARNOLD v. COY et al Doc. 45 Case 1:19-cv-03820-JPH-TAB Document 45 Filed 05/20/20 Page 1 of 5 PageID #: 154 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEANDRE ARNOLD, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. JAMIE COY Officer, DAVID YOUNG Sgt., MICHAEL KRUL Lt., Defendants. No. 1:19-cv-03820-JPH-TAB ENTRY GRANTING MOTION TO AMEND, SCREENING FIFTH AMENDED COMPLAINT, AND DIRECTING ISSUANCE AND SERVICE OF PROCESS I. Plaintiff’s Pending Motions The plaintiff’s motion to correct error, dkt. [38], motion to amend complaint, dkt. [40], and motion to alter or amend judgment, dkt. [41], are GRANTED to the extent that the Court will screen the plaintiff’s fifth amended complaint. Dkt. 39-1. II. Screening Fifth Amended Complaint A. Legal Standards Plaintiff Keandre Arnold is a prisoner currently confined at New Castle Correctional Facility. Because the plaintiff is a “prisoner” as defined by 28 U.S.C. § 1915A(c), the Court has an obligation under § 1915A(a) to screen his complaint before service on the defendants. Pursuant to § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. 1 Dockets.Justia.com Case 1:19-cv-03820-JPH-TAB Document 45 Filed 05/20/20 Page 2 of 5 PageID #: 155 B. Allegations The fifth amended complaint tendered on April 30, 2020, names 7 defendants. Those defendants are: 1) Officer Jamie Coy; 2) Officer Leslie Goodman; 3) Sgt. David Young; 4) Lt. Michael Krul; 5) Ms. Petty; 6) Sgt. Dustin Kidd; and 7) Officer Nikko Rucker. For relief, Mr. Arnold seeks injunctive relief and compensatory and punitive damages. Mr. Arnold alleges that from March 1, 2018, through June 7, 2018, Officer Goodman, Officer Coy, and Sgt. Young would harass him with racial slurs and paid other racially motivated offenders to attack him. They also allegedly used excessive force against him on a daily basis when they put placed steel restraints on his wrists and legs so tightly that it caused swelling and bleeding and joint and nerve damage and scarring. Whenever Mr. Arnold asked for medical, these officers responded with more racial slurs. More specifically, on March 29, 2018, Officer Goodman, Sgt. Young, and Officer Coy again put tight restraints on him, causing bleeding and swelling and nerve and joint damage. When Mr. Arnold asked for a supervisor, the three officers responded with racial slurs and told him they would beat him with a wooden baton. Lt. Krul then approached, made racial comments, and struck him in the face. Then, Officer Goodman, Lt. Krul, Officer Coy, Sgt. Young all smashed Mr. Arnold’s hand and wrist in the door slot, and took turns striking him in the head, face, arm, hands, wrist, and knee with the baton. Afterward, they refused to call medical staff to provide treatment to Mr. Arnold. When the next shift came on, a nurse who saw Mr. Arnold called for emergency treatment. Mr. Arnold alleges that these officers were then terminated from their jobs. 2 Case 1:19-cv-03820-JPH-TAB Document 45 Filed 05/20/20 Page 3 of 5 PageID #: 156 Mr. Arnold further alleges that Officer Rucker, Officer Petty, and Sgt. Kidd witnessed or were otherwise made aware of the abusive treatment and excessive force but did not want to get involved. Sgt. Kidd allegedly told Mr. Arnold not to file any grievances about these incidents. C. Discussion The Eighth Amendment claims alleging excessive force, encouraging other inmates to attack, and refusal to contact medical staff against Officer Goodman, Lt. Krul, Officer Coy, and Sgt. Young shall proceed. The Fourteenth Amendment equal protection claims shall also proceed against these defendants. The Eighth Amendment failure to intervene claims against Officer Rucker, Officer Petty, and Sgt. Kidd shall proceed. These are the claims the Court discerns in the fifth amended complaint. If Mr. Arnold believes that additional claims were alleged in the complaint but not identified by the Court, he shall have through June 15, 2020, in which to identify those claims. III. Service of Process The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Officer Jamie Coy, Sgt. David Young, Lt. Michael Krul, Officer Leslie Goodman, Officer Petty, Sgt. Dustin Kidd, and Officer Nikko Rucker in the manner specified by Rule 4(d). Process shall consist of the fifth amended complaint tendered on April 30, 2020 (dkt. 39-1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is directed to update the docket by adding defendants Officer Leslie Goodman, Officer Petty, Sgt. Dustin Kidd, and Officer Nikko Rucker. 3 Case 1:19-cv-03820-JPH-TAB Document 45 Filed 05/20/20 Page 4 of 5 PageID #: 157 The clerk is directed to file and re-docket the “Fifth Amended Complaint,” currently at dkt. 39-1. The clerk is requested to send a courtesy copy of this Entry to attorney Adam Forrest. Mr. Forrest is requested to provide last known addresses for defendants who are no longer employed at New Castle Correctional Facility. SO ORDERED. Date: 5/20/2020 Distribution: KEANDRE ARNOLD 201948 NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362 Officer Jamie Coy EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Sgt. David Young EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Lt. Michael Krul EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 4 Case 1:19-cv-03820-JPH-TAB Document 45 Filed 05/20/20 Page 5 of 5 PageID #: 158 Officer Leslie Goodman EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Officer Petty EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Sgt. Dustin Kidd EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Officer Nikko Rucker EMPLOYEE New Castle Correctional Facility 1000 Van Nuys Rd. PO Box A New Castle, IN 47362 Adam Garth Forrest BOSTON BEVER KLINGE CROSS & CHIDESTER aforrest@bbkcc.com 5

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