UNDERWOOD v. CENTURION HEALTH SERVICE et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
CHRISTOPHER A. UNDERWOOD, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 2:24-cv-00546-JPH-MG
)
CENTURION HEALTH SERVICE, et al., 	)
)
Defendants. 	)
ORDER RECONSIDERING SCREENING ORDER
Plaintiff Christopher Underwood currently is an inmate at Wabash Valley
Correctional Facility but was previously incarcerated at Pendleton Correctional
Facility. When screening Mr. Underwood's complaint as required by the Prison
Litigation Reform Act, the Court determined that he had failed to state any claims
against 	Grievance 	Supervisor 	Christiana 	Conyers 	and 	Grievance 	Specialist
Taylor McCorkle at Pendleton and directed that they be dismissed as defendants.
Dkt. 	9 	at 	7. 	Specifically, 	the 	Court 	concluded 	that 	Mr. 	Underwood 	had
adequately stated Eighth Amendment claims of deliberate indifference to a
serious medical need against Dr. John Mershon and Centurion, based on a delay
in treating Mr. Underwood's severe pain beginning in April 2023. But, as to Ms.
Conyers and Ms. McCorkle, the screening order concluded that "[b]ecause Mr.
Underwood had no expectation of a particular outcome of his grievances or
complaints there is no viable claim against Grievance Supervisor Conyers or
Grievance Specialist McCorkle that can be vindicated through 42 U.S.C. § 1983."
Id.
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Mr. Underwood has filed a motion to reconsider the screening order. He
asserts that, based on his allegations that Ms. Conyers and Ms. McCorkle failed
to take any action in response to his grievances, they also should be implicated
in the claims related to a delay in his receipt of medical treatment. The Court
reiterates the allegations against Ms. Conyers and Ms. McCorkle: on May 14,
2023, Mr. Underwood submitted a grievance about the lack of response to his
healthcare requests. Mr. Underwood did not receive a response to this grievance,
and he filed an appeal from the non-response on June 5. Also, on May 23, Mr.
Underwood filed a request for interview with a grievance specialist because of the
non-response. On June 1, Grievance Supervisor Conyers responded that the
grievance department had not received any grievances from him since December
2022. On November 3, 2023, Grievance Specialist McCorkle formally responded
to and denied this grievance.
Mr. Underwood has shown that Eighth Amendment deliberate
indifference claims should proceed against Ms. Conyers and Ms. McCorkle.
See Perez v. Fenoglio, 792 F.3d 768, 781-82 (7th Cir. 2015) (holding that
inmate adequately stated Eighth Amendment deliberate indifference
claims against prison grievance officials who failed to take any action in
response to grievances about inadequate health care and that district court
should have more liberally construed complaint at screening stage); cf. Greeno
v. Daley, 414 F.3d 645, 656 (7th Cir. 2005) (holding grievance officials were
not liable for Eighth Amendment deliberate indifference claims where
grievances were investigated and referred to medical providers, but observing
"[p]erhaps it
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would be a different matter if [the grievance specialist] had ignored [the inmate]'s
complaints entirely").
Therefore, Mr. Underwood's motion for reconsideration is GRANTED. Dkt.
[13]. The clerk is directed to re-add Grievance Supervisor Christian Conyers
and Grievance Specialist Taylor McCorkle as defendants on the docket.
The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process
to defendants Conyers and McCorkle in the manner specified by Rule 4(d).
Process shall consist of the complaint filed on November 14, 2024, dkt. [2],
applicable 	forms 	(Notice 	of 	Lawsuit 	and 	Request 	for 	Waiver 	of 	Service 	of
Summons and Waiver of Service of Summons), the original screening order, dkt.
[9], and this Order.
The clerk is directed to serve the Indiana Department of Correction
employees electronically.
Nothing in this Order prohibits the filing of a proper motion pursuant to
Rule 12 of the Federal Rules of Civil Procedure.
SO ORDERED.
Distribution:
Electronic service to Indiana Department of Correction:
Grievance Supervisor Christiana Conyers
Grievance Specialist Taylor McCorkle
(All at Pendleton Correctional Facility)
All ECF-registered counsel of record via email
Date: 11/18/2025
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CHRISTOPHER A. UNDERWOOD
863907
WABASH VALLEY - CF
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
Electronic Service Participant – Court Only
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