Summary
The United States District Court for the Northern District of Indiana dismissed claims concerning the alleged destruction of a prisoner's tablet. The court dismissed the claims against Correctional Officer Berry without prejudice as unrelated and dismissed the claims against Correctional Officer Bites under 28 U.S.C. § 1915A because Indiana's post-deprivation remedies prevented a viable due process claim.
Holdings
- The claim against Correctional Officer Berry was properly dismissed without prejudice because it was unrelated to the claim against Correctional Officer Bites and Harris failed to select a claim to pursue.
- Harris failed to state a federal due-process claim because Indiana provides an adequate post-deprivation remedy for the alleged accidental or intentional loss of his tablet.
- Leave to amend was properly denied because amendment would be futile.
Questions Presented
- Whether the unrelated claim against Correctional Officer Berry should be dismissed without prejudice when Harris failed to select a claim after being given an opportunity to do so.
- Whether Harris stated a federal due-process claim based on the alleged intentional or accidental destruction of his tablet by Correctional Officer Bites when Indiana provided an adequate post-deprivation remedy.
- Whether Harris should be granted leave to amend the claim against Bites.
Disposition
dismissed
Cases Cited (5)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Hudson v. Palmer, 468 U.S. 517, 533 (1984)(followed)
- Wynn v. Southward, 251 F.3d 588, 593 (7th Cir. 2001)(followed)
- Abu-Shawish v. United States, 898 F.3d 726, 738 (7th Cir. 2018)(followed)
- Russell v. Zimmer, Inc., 82 F.4th 564, 572 (7th Cir. 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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