Devon Moore v. Andrew Krominga, et al.

Summary

This Merit Review Order evaluates Devon Moore’s amended 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. The court permits Eighth Amendment excessive-force and deliberate-indifference claims to proceed against several prison officials, retains a warden in her official capacity to facilitate identification of unnamed defendants, dismisses one defendant without prejudice, and denies appointed counsel.

Holdings

1. The allegations that Krominga sprayed Moore with mace six or seven times during the cell extraction were sufficient to proceed on an Eighth Amendment excessive-force claim.
2. Moore could proceed on Eighth Amendment deliberate-indifference claims against Baumgardner, Pelleter, Krominga, and the John/Jane Doe lieutenants based on the alleged denial of a shower to remove mace for approximately four days.
3. Nurse could remain as a defendant in her official capacity solely to assist Moore in identifying the unnamed lieutenants who allegedly denied him a shower.
4. The motion requesting appointed counsel was denied because Moore made reasonable efforts to obtain counsel but appeared competent to litigate the relatively uncomplicated case at its early stage.
5. Ledbetter was dismissed without prejudice for failure to state a claim, and the Clerk was directed to terminate him as a defendant.

Questions Presented

1. Whether Moore's allegations that Krominga sprayed him with mace six or seven times during a cell extraction stated an Eighth Amendment excessive-force claim.
2. Whether the alleged four-day denial of a shower to remove mace stated Eighth Amendment deliberate-indifference claims against Baumgardner, Pelleter, Krominga, and the Doe lieutenants.
3. Whether Mindi Nurse could remain as an official-capacity defendant to facilitate identification of the Doe lieutenants.
4. Whether Moore was entitled to appointed counsel based on his indigence, efforts to obtain counsel, mental-health conditions, and litigation competence.
5. Whether Tyler Ledbetter should be dismissed for failure to state a claim.

Disposition

other