Andy LaShawn Fortner v. Lake County Jail Staff

Background

Andy LaShawn Fortner, whom the court described as a self-represented pretrial detainee, filed an action under 42 U.S.C. § 1983. The court reviewed the complaint under the federal prisoner-screening statutes. The opinion states that Fortner had been allowed to proceed without paying the filing fee in a separate order.

The 85-page complaint listed many complaints about Lake County Jail conditions, including missing mail; refusal to provide an inhaler; lack of treatment for a head injury; alleged verbal harassment and disrespect; physical contact by Deputy Cline; failure to check him for diabetes; an alleged retaliatory rules violation; a broken cell; lack of tablet access; missing body cameras; refusal to release medical and mental-health records; denial of medical shoes; food and medication issues; and restrictions involving mental-health activities. Fortner also filed later letters reporting additional jail-condition complaints.

Why the court dismissed the complaint

The court held that the complaint violated the rule governing joinder of defendants and claims. That rule permits multiple defendants to be sued together only when the claims arise from the same transaction, occurrence, or related series of occurrences and involve a common legal or factual question. The court gave missing mail and denial of an inhaler as examples of incidents involving different officials and different occurrences.

The court also held that the complaint violated the requirement for a short and plain statement of the claim. It described the complaint as a rambling account of unrelated incidents and stated that Fortner’s self-represented status did not excuse compliance with the pleading rules. The court further noted that some allegations were unclear or conclusory, including the allegations about body cameras and possible dental or eye-care issues, and stated that verbal harassment and abuse generally do not state a claim under § 1983.

Ruling and instructions

The court DISMISSES the complaint with leave to amend and GRANTS Fortner leave to file an amended complaint addressing the identified deficiencies. The court did not decide the merits of the underlying jail-condition allegations.

The amended complaint must include all claims and defendants Fortner wants to pursue, identify each defendant by name, explain why each defendant is being sued, and identify the constitutional provision or federal law allegedly violated. The claims must concern the same transaction, occurrence, or related series of occurrences and share a common legal or factual question. The court stated that filing letters does not add claims to the operative complaint.

Fortner must file the amended complaint within 28 days of the order. The amended complaint will replace the earlier complaint and may not incorporate the earlier complaint by reference. The court warned that failure to file a compliant amended complaint within the deadline will result in dismissal of the action without further notice.