Ward v. Koenig

Background

Trevillion Ward, an inmate at Correctional Training Facility, filed this action without a lawyer. The court screened his amended complaint under 28 U.S.C. § 1915A, which requires an initial review of a prisoner’s claims against a governmental entity or officer. At this stage, the court must identify claims that are legally sufficient and dismiss claims that are frivolous, fail to state a claim, or seek money from an immune defendant.

Ward alleged that prison officials knew COVID-19 posed a serious risk, that he was not transferred from the facility despite medical conditions, and that Craig Koenig authorized a July 20, 2020 raid involving African American inmates without requiring personal protective equipment. Ward alleged that officers assaulted and used racial slurs against inmates during the raid and that COVID later spread through the facility. He alleged that he tested positive for COVID-19 in November 2020, was hospitalized for COVID-19 pneumonia, suffered reduced lung capacity, tested positive again in March 2022, and continued to experience long-term health effects.

Claims and screening rulings

The first claim alleged that Koenig planned, initiated, and personally oversaw a raid and either intended to spread COVID-19 or knew the raid would do so. Liberally construing the complaint, the court held that this stated a cognizable Eighth Amendment claim for deliberate indifference to Ward’s serious medical needs and safety. A cognizable claim is one that may proceed past the initial legal screening; this ruling did not establish that the allegations were true or that Koenig was liable.

The court also found cognizable state-law claims for intentional infliction of emotional distress and negligent supervision. The first alleged that the raid caused Ward severe emotional trauma. The second alleged that Koenig authorized the raid despite knowing that the way it was conducted could cause a COVID-19 superspreader event.

The court held that the Bane Act claim failed because Ward did not allege that he was exercising, trying to exercise, or intending to exercise a constitutional or statutory right during the raid. The court dismissed that claim with leave to amend. The court also dismissed with leave to amend the claim titled “Weaponization of Disease” because Ward did not identify its legal basis. To the extent the claim alleged that Koenig used COVID-19 to cause Ward’s infection, the court treated that theory as part of the cognizable Eighth Amendment claim.

Order

The court ordered that the amended complaint stated a cognizable Eighth Amendment claim and cognizable claims for intentional infliction of emotional distress and negligent supervision. It dismissed with leave to amend the Bane Act claim and the “weaponization of disease” claim.

Ward had 28 days from the order’s date to file a second amended complaint addressing the identified deficiencies. The order stated that a second amended complaint would replace the earlier complaints and would need to include all claims and defendants Ward wished to pursue. If Ward did not file one, the existing amended complaint would remain operative and the case would proceed only on the claims found cognizable.

The court also reset the briefing schedule. The defendant was given 91 days from the filing of the order to file a motion for summary judgment or another dispositive motion, with deadlines for Ward’s opposition and the defendant’s reply. The order authorized discovery and provided additional instructions concerning service, address changes, extensions of time, and prosecution of the case.