Opinion

Mayberry v. Reagle

Court
District Court, N.D. Indiana
Filed
Oct 3, 2024
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

TIMOTHY MARCUS MAYBERRY,

Plaintiff,

v. CAUSE NO. 3:24-CV-187-HAB-SLC

RON NEAL, et al.,

Defendants.

OPINION AND ORDER

Timothy Marcus Mayberry, a prisoner without a lawyer, filed an amended

complaint. At this stage of the proceedings, Mayberry may amend his complaint once

as a matter of course. See Fed. R. Civ. P. 12(a)(1). Nevertheless, pursuant to 28 U.S.C. §

1915A, the court must review the complaint and dismiss it if the action is frivolous or

malicious, fails to state a claim, or seeks monetary relief against a defendant who is

immune from such relief. “In reviewing the sufficiency of a complaint under the

plausibility standard announced in Twombly and Iqbal, we accept the well-pleaded facts

in the complaint as true, but legal conclusions and conclusory allegations merely

reciting the elements of the claim are not entitled to this presumption of truth.”

McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. 2011). “After excising the

allegations not entitled to the presumption, we determine whether the remaining

factual allegations plausibly suggest an entitlement to relief.” Id.

In a prior screening order, the court allowed Mayberry to proceed on the following

claims:

 An Eighth Amendment claim against Aramark Correctional Services

Representative Johnson in her individual capacity based on allegations that the

fruits and vegetables in the kosher meals he is served at Indiana State Prison are

routinely spoiled and rotten, leaving him with inadequate nutrition;

 An Establishment Clause claim against IDOC Religious Director David Liebel in

his individual capacity for failing to provide celebratory feasts in 2023 for Islamic

holidays on par with those provided for Christian and Jewish holidays;

 An injunctive relief claim against Warden Ron Neal in his official capacity to

obtain a diet that complies with his sincere religious belief to regularly consume

halal meat from herbivorous animals and to eat food prepared only by Muslims

to the extent required by RLUIPA;

 An injunctive relief claim against Warden Ron Neal in his official capacity to be

able to celebrate the Muslim holidays of ‘Eid al-Fitr and ‘Eid ul-Adha as required

by his sincere religious beliefs to the extent required by RLUIPA.

ECF 10.

In the amended complaint, Mayberry seeks to add a claim against Warden Neal,

Director Liebel, Kitchen Supervisor Johnson, and Kitchen Supervisor Peeples because

he has received dirty drinking water and spoiled food at the Indiana State Prison since

February 10, 2023. He alleges that each of these defendants “through direct and/or

indirect acts and omissions and/or administrative practice, policy, and enforcement,

have ordered, condoned, and/or authorized Aramark and IDOC staff to deny me clean

drinking water and a proper halal diet.” With respect to his diet, he is specifically

concerned about peanut butter and jelly sandwiches because he lacks sufficient

information regarding their ingredients to determine whether they qualify as halal. He

alleges that he verbally complained to Kitchen Supervisor Johnson, and Kitchen

Supervisor Peeples about these issues. In the prior screening order, the court found that

providing a vegetarian kosher diet to an inmate seeking a halal diet for religious

purposes did not violate his constitutional rights. ECF 10 at 2-4. For the same reasons,

Mayberry may not proceed on his allegations regarding an improper halal diet.

Mayberry separately alleges Kitchen Supervisor Johnson, and Kitchen Supervisor

Peeples have served him rotten and spoiled fruits and vegetables.

In evaluating an Eighth Amendment conditions of confinement claim, the court

conducts both an objective and a subjective inquiry. Farmer v. Brennan, 511 U.S. 825, 834

(1994). The objective prong asks whether the alleged deprivation is “sufficiently

serious” so that “a prison official’s act results in the denial of the minimal civilized

measure of life’s necessities.” Id.“ It is well established that there is no respondeat

superior liability under § 1983.” Gayton v. McCoy, 593 F.3d 610, 622 (7th Cir. 2010). To

hold an individual defendant liable for deliberate indifference, the complaint must

allege the defendant was personally involved in the alleged deprivation of a

constitutional right. Whitfield v. Spiller, 76 F.4th 698, 706 (7th Cir. 2023).

“Official-capacity suits . . . generally represent only another way of pleading an

action against an entity of which an officer is an agent.” Hill v. Shelander, 924 F.2d 1370,

1372 (7th Cir. 1991). “[A]n official capacity suit will be presumed when the indicia of an

official policy or custom are present in the complaint.” Id. at 1373. To pursue a claim

under Section 1983 against a local governmental entity or a corporate entity, a plaintiff

must show that his constitutional injury was the result of that entity’s official policy or

practice. Rice ex rel. Rice v. Corr. Med. Servs., 675 F.3d 650, 675 (7th Cir. 2012). However,

“neither a State nor its officials acting in their official capacities are persons under §

1983.” Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989).

Mayberry adequately states an Eighth Amendment claim against Kitchen

Supervisor Johnson, and Kitchen Supervisor Peeples based on the allegations that he

has received dirty drinking water and spoiled fruit and vegetables. However,

disregarding the legal conclusions leaves no factual allegations suggesting that Director

Liebel and Warden Neal were personally involved in denying Mayberry clean water or

providing him with spoiled food. To the extent that Mayberry is pursuing a policy or

practice claim against these defendants in their official capacity, he is effectively suing

their employer. He cannot proceed on a claim against the State or its officials in their

official capacity, including Director Liebel and Warden Neal. However, he may proceed

on a policy and practice claim regarding the unclean drinking water and spoiled food

against Aramark, the corporate employer of Kitchen Supervisor Johnson and Kitchen

Supervisor Peeples.

Mayberry is also seeking to add an Equal Protection claim against Director

Liebel, Warden Neal, Kitchen Supervisor Johnson, and Kitchen Supervisor Peeples

because they have accommodated inmates of the Jewish faith by creating a kosher

kitchen and hiring a rabbi while denying similar treatment for inmates of the Islamic

faith. “A plaintiff must demonstrate intentional or purposeful discrimination to show

an equal protection violation.” Shango v. Jurich, 681 F.2d 1091, 1104 (7th Cir. 1982).

“Discriminatory purpose, however, implies more than intent as volition or intent as

awareness of consequences.” Id. “It implies that the decisionmaker singled out a

particular group for disparate treatment and selected his course of action at least in part

for the purpose of causing its adverse effects on the identifiable group.” Id. The

amended complaint contains no suggestion that the defendants have accommodated

only inmates of Jewish faith for the purpose of causing inmates of Islamic faith

adversity. Therefore, Mayberry may not proceed on this claim under the Equal

Protection Clause.

It further appears that Mayberry is seeking to add Warden Neal, Kitchen

Supervisor Johnson, and Kitchen Supervisor Peeples to the Establishment Clause claim

against Director Liebel for failing to provide celebratory feasts in 2023 for Islamic

holidays on par with those provided for Christian and Jewish holidays. He may

proceed on this claim against these three additional defendants. Accordingly, the Court:

(1) GRANTS Timothy Marcus Mayberry leave to proceed against Theresa

Johnson and Wayne Peeples in their individual capacities on an Eighth Amendment

claim for monetary damages for serving him rotten fruit and vegetables and dirty

drinking water;

(2) GRANTS Timothy Marcus Mayberry leave to proceed against Aramark on an

Eighth Amendment claim for monetary damages for maintaining a policy or practice of

serving him rotten fruit and vegetables and dirty drinking water;

(3) GRANTS Timothy Marcus Mayberry leave to proceed against IDOC

Religious Director David Liebel, Warden Neal, Theresa Johnson, and Wayne Peeples in

their individual capacities for monetary damages for failing to provide celebratory

feasts in 2023 for Islamic holidays on par with those provided for Christian and Jewish

holidays to the extent required by the Establishment Clause;

(4) GRANTS Timothy Marcus Mayberry leave to proceed against Warden Ron

Neal in his official capacity for injunctive relief to obtain a diet that complies with his

sincere religious belief to regularly consume halal meat from herbivorous animals and

to eat food prepared only by Muslims to the extent required by RLUIPA;

(5) GRANTS Timothy Marcus Mayberry leave to proceed against Warden Ron

Neal in his official capacity for injunctive relief to be able to celebrate the Muslim

holidays of ‘Eid al-Fitr and ‘Eid ul-Adha as required by his sincere religious beliefs to

the extent required by RLUIPA;

(6) DISMISSES all other claims;

(7) DIRECTS the clerk, under 28 U.S.C. § 1915(d), to request Waiver of Service

from (and if necessary, the United States Marshals Service to use any lawful means to

locate and serve process on) Aramark, Theresa Johnson, and Wayne Peeples at Aramark

with a copy of this order and the amended complaint (ECF 15);

(8) ORDERS Aramark to provide the full name, date of birth, and last known

home address of any defendant who does not waive service if it has such information;

and

(9) ORDERS, under 42 U.S.C. § 1997e(g)(2), the defendants to respond, as

provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to

the claims for which the plaintiff has been granted leave to proceed in this screening

order.

SO ORDERED on October 3, 2024.

s/Holly A. Brady

CHIEF JUDGE

UNITED STATES DISTRICT COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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