Newman v. Wash et al.

Summary

The United States District Court for the Northern District of Indiana screened Donald Newman's prisoner complaint under 28 U.S.C. § 1915A. The court granted Newman leave to proceed against Officer Wash for Eighth Amendment excessive-force and deliberate-indifference-to-medical-needs claims arising from a TASER incident, dismissed the Miami Correctional Facility as a defendant, and dismissed all other claims. The court also directed service and ordered the Indiana Department of Correction to provide identifying information for Officer Wash if necessary.

Holdings

1. Newman plausibly alleged an Eighth Amendment excessive-force claim against Officer Wash based on the allegation that Wash fired a TASER at him while he was handcuffed, unable to stand because of a back injury, and requesting medical assistance.
2. Newman plausibly alleged an Eighth Amendment deliberate-indifference claim against Officer Wash for denying him medical treatment after he injured his back and could not stand.
3. Newman plausibly alleged an Eighth Amendment deliberate-indifference claim against Officer Wash based on removing the TASER probes without assistance from medical staff.
4. The Miami Correctional Facility may not be sued under § 1983 because it is a building rather than a person or policy-making body capable of being sued for constitutional violations.

Questions Presented

1. Whether Newman plausibly alleged an Eighth Amendment excessive-force claim against Officer Wash.
2. Whether Newman plausibly alleged that Officer Wash was deliberately indifferent to a serious medical need by denying treatment for his back injury.
3. Whether Newman plausibly alleged deliberate indifference based on the removal of TASER probes without medical assistance.
4. Whether the Miami Correctional Facility is a suable person or policy-making body under 42 U.S.C. § 1983.

Disposition

other