1:26-cv-00978•ARCHER v. INDIANA DEPARTMENT OF CORRECTIONS et al
Texte intégral
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JACKIE ARCHER, )
)
Plaintiff, )
)
v. ) No. 1:26-cv-00978-JPH-KMB
)
INDIANA DEPARTMENT OF
CORRECTIONS,
)
)
CENTURION HEATH, )
)
Defendants. )
ORDER DISMISSING COMPLAINT AND DIRECTING FILING OF
AMENDED COMPLAINT
Plaintiff Jackie Archer is a prisoner currently incarcerated at Pendleton
Correctional Facility ("Pendleton"). He filed this civil action alleging he has been
exposed to the Legionella pathogen at Pendleton. Because the plaintiff is a
"prisoner," this Court must screen the complaint before service on the
defendants. 28 U.S.C. § 1915A(a), (c).
I. Screening Standard
When screening a complaint, the Court must dismiss any portion that is
frivolous or malicious, fails to state a claim for relief, or seeks monetary relief
against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To
determine whether the complaint states a claim, the Court applies the same
standard as when addressing a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6). See Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020).
Under that standard, a complaint must include "enough facts to state a claim to
relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
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(2007). "A claim has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
Court construes pro se complaints liberally and holds them to a "less stringent
standard than pleadings drafted by lawyers." Cesal v. Moats, 851 F.3d 714, 720
(7th Cir. 2017).
II. The Complaint
The Court accepts Mr. Archer's factual allegations as true at the pleading
stage but not his legal conclusions. See Iqbal, 556 U.S. at 678 ("we must take all
of the factual allegations in the complaint as true," but "we 'are not bound to
accept as true a legal conclusion couched as a factual allegation'") (quoting
Twombly, 550 U.S. at 555)). The caption of the complaint lists the Indiana
Department of Correction ("IDOC") and Centurion Health as defendants.
However, in the body of the complaint, Mr. Archer lists the following "additional
plaintiffs:"1 Maggie Bryant, Kevin Osme, William Callahan, Bobby Latour, Jeffrey
Meece, Chris Ertel, Vincent Stanley, Andy Bagienski, Dennis Reagle, the State of
Indiana, the Indiana Department of Health, "and all of their . . . present and
former members, officers, agents, employees and successors, known and
unknown collectively." Dkt. 1 at 3.
Mr. Archer alleges that "IDOC, Centurion Health" allowed the Legionella
pathogen to grow in the water supply at Pendleton, beginning in March 2021. Id.
1 It is apparent that Mr. Archer meant to say that these parties are additional
defendants, not plaintiffs.
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<pageID>3 at 2. Mr. Archer specifically indicates that he wants to pursue state law claims "under IC 13-30-4-1" and that there is diversity of citizenship between him and every defendant.2 Id. at 4. Mr. Archer is seeking to require remedial work on the Pendleton water supply, better Legionella testing for inmates and of the water supply, and damages. III. Dismissal of Complaint Applying the screening standard to the facts alleged in the complaint, the complaint must be dismissed for failure to state a claim upon which relief may be granted. First, to the extent Mr. Archer wants to pursue state law claims in federal court based on diversity of citizenship, a district court cannot exercise diversity jurisdiction if the plaintiff shares the same state citizenship as any one of the defendants. Whalen v. Carter, 954 F.2d 1087, 1094 (5th Cir. 1992) (citing Strawbridge v. Curtiss, 3 Cranch 267, 7 U.S. 267, 2 L.Ed. 435 (1806)); see also Hart v. FedEx Ground Package Sys. Inc., 457 F.3d 675, 676 (7th Cir. 2006). Mr. Archer, an IDOC inmate, identifies himself as an Indiana citizen and has not shown that no defendant is also an Indiana citizen. Since Defendants work in central Indiana, they are likely all Indiana citizens. Second, even if the Court were to generously analyze the complaint to determine whether it stated any claims under federal law, it does not do so. Because of that, Mr. Archer may not rely on the Court's supplemental 2 Mr. Archer seems to have crossed out the box on the complaint form that would indicate he wants to pursue any federal claims. Case 1:26-cv-00978-JPH-KMB Document 18 Filed 10/09/26 Page 3 of 7 PageID #: <pageID>
4 jurisdiction to entertain any state law claims. See 42 U.S.C. § 1367(c)(3); Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); In re African-Am. Slave Descendants Litig., 471 F.3d 754,757-58 (7th Cir. 2006). To begin with, the State of Indiana and its agencies, such as the IDOC and Department of Health, are not subject to suit in federal court under 42 U.S.C. § 1983. See Thomas v. Illinois, 697 F.3d 612, 613 (7th Cir. 2012). As for Centurion, which is the contracted provider of healthcare services within the IDOC, private corporations acting under color of state law—including those that contract with the state to provide essential services to prisoners—are treated as municipalities for purposes of Section 1983 and can be sued when their actions violate the Constitution. Dean v. Wexford Health Sources, Inc., 18 F.4th 214, 235 (7th Cir. 2021) (citing Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978)). To state a Monell claim, the plaintiff must identify an action taken by the municipality and allege a causal link between the municipality's action and the deprivation of federal rights. Dean, 18 F.4th at 235. "A municipality 'acts' through its written policies, widespread practices or customs, and the acts of a final decisionmaker." Levy v. Marion Co. Sheriff, 940 F.3d 1002, 1010 (7th Cir. 2019). Mr. Archer's complaint fails to identify a policy, practice, or custom of Centurion's with respect to managing the water supply at Pendleton. Finally, Mr. Archer collectively lists names of various individuals whom he seems to believe would have some responsibility for the Legionella contamination at Pendleton. "[I]ndividual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." Colbert v. City of Chicago, Case 1:26-cv-00978-JPH-KMB Document 18 Filed 10/09/26 Page 4 of 7 PageID #: <pageID>
5 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). "The plaintiff must demonstrate a causal connection between (1) the sued officials and (2) the alleged misconduct." Id. The Seventh Circuit does not necessarily prohibit "group pleading" in complaints. See Robles v. Chicago, 354 F. Supp. 3d 873, 875 (N.D. Ill. 2019). However, a "group pleading" that vaguely refers to the defendants collectively to ambiguously attribute an action to an unknown defendant or group of defendants does not provide adequate notice of a plaintiff's claims as required by Federal Rule of Civil Procedure 8(a). See Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009). "[A] complaint can provide sufficient detail to put the defendants on notice if it directs every allegation at all defendants because the defendants do not have to speculate about which claims or allegations pertain to them, and they must defend against them all." Sexton v. Bd. of Educ., Dist. 130, Cook Cnty., Illinois, 815 F. Supp. 3d 801, 806–07 (N.D. Ill. 2025). Here, however, Mr. Archer's simple listing of names, without any explanation as to who the persons are and how or why they might be responsible for maintaining the safety of Pendelton's water supply, is not enough to state a claim against any of these individuals. Because the Court has been unable to identify a viable claim for relief against any particular defendant, the complaint is subject to dismissal. IV. Opportunity to File an Amended Complaint The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. "The usual standard in civil cases is to allow defective pleadings to be corrected, especially in early stages, at least where Case 1:26-cv-00978-JPH-KMB Document 18 Filed 10/09/26 Page 5 of 7 PageID #: <pageID>
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amendment would not be futile." Abu-Shawish v. United States, 898 F.3d 726,
738 (7th Cir. 2018). In the interest of justice, the Court will allow the plaintiff to
amend his complaint if, after reviewing this Court's order, he believes that he
can state a viable claim for relief, consistent with the allegations he has already
made. See Tate v. SCR Med. Transp., 809 F.3d 343, 346 (7th Cir. 2015) ("We've
often said that before dismissing a case under 28 U.S.C. § 1915(e)(2)(B)(ii) a judge
should give the litigant, especially a pro se litigant, an opportunity to amend his
complaint."); Luevano v. Wal-Mart, 722 F.3d 1014 (7th Cir. 2013).
The plaintiff shall have through November 6, 2026, to file an amended
complaint.
The amended complaint must contain a "short and plain statement of the
claim" which explains what happened to him, who was responsible for what
happened, what injury he suffered due to the defendant or defendants' actions,
and what relief he wants from this lawsuit. See Fed. R. Civ. P. 8(a). The clerk is
directed to include a copy of the prisoner civil rights complaint form along with
the plaintiff's copy of this Order, which he must use if he files an amended
complaint. See Local Rule 8-1 (requiring pro se plaintiffs to use the clerk-
provided form for claims under 42 U.S.C. § 1983).
Any amended complaint should have the proper case number, 1:26-cv-
978-JPH-KMB, and the words "Amended Complaint" on the first page. The
amended complaint will completely replace the original. See Beal v. Beller, 847
F.3d 897, 901 (7th Cir. 2017) ("For pleading purposes, once an amended
complaint is filed, the original complaint drops out of the picture."). Therefore, it
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<pageID>7 must set out every defendant, claim, and factual allegation the plaintiff wishes to pursue in this action. If the plaintiff files an amended complaint, it will be screened pursuant to 28 U.S.C. § 1915A(b). If no amended complaint is filed, this action will be dismissed without further notice or opportunity to show cause. SO ORDERED. Distribution: JACKIE ARCHER 882633 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Electronic Service Participant – Court Only Date: 10/9/2026 Case 1:26-cv-00978-JPH-KMB Document 18 Filed 10/09/26 Page 7 of 7 PageID #: <pageID>
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