Summary
The United States District Court for the Southern District of Indiana grants Matthew Pugh leave to amend his complaint and screens the amended pleading under 28 U.S.C. § 1915A. The court allows First Amendment retaliation claims against Lt. Larry Storm and Eighth Amendment conditions-of-confinement claims against Storm and Ofc. Joseph Merida to proceed, while dismissing other claims and denying motions concerning the defendants' answer and a preliminary injunction.
Holdings
- Leave to amend was properly granted because Pugh moved before the scheduling-order deadline and showed good cause.
- The amended complaint failed to state a Fourteenth Amendment due process claim based on Pugh's disciplinary sanctions, transfer to restrictive housing, or transfer to another correctional facility because it did not allege an atypical and significant hardship.
- The amended complaint failed to state a First Amendment retaliation claim against Merida because it did not plausibly allege that Merida knew of Pugh's grievances or that the grievances motivated Merida's conduct.
- Pugh's First Amendment retaliation claim against Storm could proceed based on allegations that Storm retaliated against him for filing grievances.
- Pugh's Eighth Amendment conditions-of-confinement claim against Storm could proceed based on the allegation that Storm made him sleep on a soiled mattress for a month.
- Pugh's Eighth Amendment conditions-of-confinement claim against Merida could proceed based on the allegation that Merida intentionally denied him cleaning products after sewage entered his cell.
- The motion for preliminary injunction was denied because the requested discovery-related relief was not tied to the specific claims or ultimate relief sought in the action.
Questions Presented
- Whether Pugh should be granted leave to amend his complaint.
- Whether the amended complaint stated a due process claim based on disciplinary sanctions, restrictive housing, or transfer.
- Whether the amended complaint stated a First Amendment retaliation claim against Storm.
- Whether the amended complaint stated a First Amendment retaliation claim against Merida.
- Whether the alleged soiled mattress and denial of cleaning supplies stated Eighth Amendment conditions-of-confinement claims.
- Whether Pugh's request for discovery-related relief was properly granted as a preliminary injunction.
- Whether Pugh's motions to file an answer to the defendants' answer and to strike the answer should be granted.
Disposition
other
Cases Cited (19)
- Capitol Indem. Corp. v. Tranel Developments, Inc., 144 F.R.D. 346, 347 (N.D. Ill. 1992)(followed)
- Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017)(followed)
- Lisby v. Henderson, 74 F.4th 470, 472 (7th Cir. 2023)(followed)
- Wilkinson v. Austin, 545 U.S. 209, 222 (2005)(followed)
- Sandin v. Conner, 515 U.S. 472, 484 (1995)(followed)
- Bridges v. Gilbert, 557 F.3d 541, 546 (7th Cir. 2009)(followed)
- Cain v. Lane, 857 F.2d 1139, 1143 n.6 (7th Cir. 1988)(followed)
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