Opinion

Brown v. South Bend Clinic

Court
District Court, N.D. Indiana
Filed
Aug 14, 2025
Cited by
0 cases
Authority
More cited than 38.8%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

HEIDI DAVONNE BROWN,

Plaintiff,

v. Case No. 3:24-CV-853-CCB-SJF

SOUTH BEND CLINIC, et al.,

Defendants.

OPINION AND ORDER

Heidi Davonne Brown filed a pro se complaint (ECF 1) and a motion for leave to

proceed in forma pauperis (ECF 2) on October 18, 2024. Brown’s in forma pauperis motion,

submitted on a standard in forma pauperis form, details that she has no income. (ECF 2).

In her complaint, she alleges that on March 11, 2024, she was “poked” with an unsterile

needle while at The South Bend Clinic, LLC (“Clinic”). (Id. at 3). She states that the

South Bend Police Department was called to the Clinic, which violated her rights. (Id.).

Brown brings the instant claims against the Clinic for violating her “patient rights,”

failing to adhere to policy and procedure, and violating her “HIPAA right and right to

privacy.” (ECF 1 at 2).

Pursuant to 28 U.S.C. § 1915(a)(1), the Court “may authorize the commencement

[of a civil lawsuit] without pre-payment of fees [if] the person is unable to pay such

fees….” A person is unable to pay the filing fee if “because of [their] poverty [doing so

would] result in the inability to provide [her]self and dependents with the necessities of

life.” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (quotations

omitted).

When deciding whether to grant in forma pauperis status to a plaintiff, the Court

must determine whether her complaint is frivolous or malicious, fails to state a claim on

which relief may be granted, or seeks monetary relief against an immune defendant. 28

U.S.C. § 1915(e)(2)(B). The Court has “ample authority to dismiss frivolous or

transparently defective suits spontaneously.” Hoskins v. Poelstra, 320 F.3d 761, 763 (7th

Cir. 2003).

“Although [pro se] litigants … benefit from various procedural protections,”

including liberal construction of pleadings, they “are not entitled to [exemption] from

the rules of procedure….” Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994). Fed. R. Civ. P.

8(a)(1) requires that complaints contain “a short and plain statement of grounds for the

court’s jurisdiction.” See Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994).

Federal district courts have original jurisdiction over federal question cases—that

is, “civil actions arising under the Constitution, laws, or treaties of the United States”—

and diversity jurisdiction over lawsuits brought by citizens of different states when the

amount in controversy exceeds $ 75,000. 28 U.S.C. §§ 1331, 1332. This Court likely lacks

diversity jurisdiction over Brown’s case, as all parties appear to be Indiana citizens.

Furthermore, federal question jurisdiction in this case is unclear. “A district court has

federal question jurisdiction only if the complaint shows, on its face, that a federal claim

is ‘sufficiently substantial.’” Johnson v. Orr, 551 F.3d 564, 570 (7th Cir. 2008) (quoting

Gammon v. GC Servs. Ltd. P’ship., 27 F.3d 1254, 1256 (7th Cir. 1994)).

Brown’s complaint does not explain how the situation on March 11, 2024 violated

her rights. She simply alleges legal conclusions that the Clinic violated her “patient

rights,” including her “HIPAA right and right to privacy.” (ECF 1 at 3). Attached to her

complaint are email exchanges that seem to be her trying to file a complaint with the

Indiana Department of Health and the Department’s response stating that they were

unable to corroborate her allegation that she was a patient at the Clinic during the

alleged timeframe. (ECF 1-1 at 5). Her complaint and attachments do not allege enough

facts to state a federal claim that is sufficiently substantial. Johnson, 551 F.3d at 570.

Therefore, Brown has not established jurisdiction as required.

Even if Brown had established jurisdiction, her complaint fails to state a claim for

relief. Fed. R. Civ. P. 8(a)(2) requires that complaints contain “a short and plain

statement of the claim showing that the pleader is entitled to relief.” The statement

must contain enough factual matter, accepted as true, to state a plausible claim, not a

speculative one. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550

U.S. 544, 570 (2007). Her complaint does not link any facts to her legal conclusions that

her rights were violated. Therefore, Brown has stated only a speculative claim, not a

plausible one, and her complaint cannot survive.

Accordingly, the Court DENIES Brown’s motion to proceed in forma pauperis.

(ECF 2). Also pending in this case are Brown’s motions to appoint counsel (ECF 8) and a

motion to proceed without prepaying pacer account fees (ECF 11). These motions are

DENIED AS MOOT. (ECF 8, 11).

Usually, the Court would grant Brown leave to amend her complaint to become

compliant with the federal rules and refile a motion to proceed in forma pauperis,

however, there is also a pending motion to stay proceedings filed by Defendant on

December 17, 2024. (ECF 6). Defendant states that Brown filed a “Proposed Complaint

for Damages with the Indiana Department of Insurance on November 6, 2024.” (ECF 6

at 2). As noted by Defendant, “an action against a qualified health care provider may

not be commenced in an Indiana court before a Proposed Complaint has been presented

to a medical review panel and the panel has rendered an opinion on the Proposed

Complaint.” (Id.); Ind. Code § 34-18-8-4. Since Brown’s motion to proceed in forma

pauperis is denied, Defendant’s motion to stay proceedings is also DENIED AS MOOT.

(ECF 6). However, the Court CAUTIONS Brown to ensure any amended complaint

complies with Ind. Code § 34-18-8-4.

SO ORDERED on August 14, 2025.

/s/Cristal C. Brisco

CRISTAL C. BRISCO, 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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