Hale v. Smiley
3:25-cv-00067
| N.D. Ind. | Apr 25, 2025Background
- Alex L. Hale, an inmate, filed an amended pro se complaint seeking damages against three prison officials: Rekitzke, Burkett, and Grievance Specialist Smith.
- Hale alleges he was raped by another inmate and his subsequent PREA (Prison Rape Elimination Act) complaint was mishandled by the named defendants.
- He claims improper investigation and failure to move him away from the alleged perpetrator, placing him at ongoing risk of harm and violating his constitutional rights.
- Hale also asserts his inmate grievance regarding the PREA complaint was improperly processed, further endangering him.
- The court screened the amended complaint under 28 U.S.C. § 1915A for legal sufficiency and previously dismissed similar claims in an earlier screening order.
- Hale filed a motion for relief with requests beyond the scope of his amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to properly investigate PREA complaint | Investigation not properly conducted | No constitutional right to investigation | Dismissed—no constitutional right to force investigation |
| Mishandling of inmate grievance process | Grievance not handled as PREA complaint | No right to grievance process | Dismissed—no constitutional right to grievance process |
| Failure to follow prison policy/procedure | Prison policies were not followed | § 1983 protects constitutional rights only | Dismissed—no claim for breach of policies alone |
| Failure to protect from risk of harm | Not moved away from alleged perpetrator | No actual harm after filing PREA report | Dismissed—no failure to protect where no new attack |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (liberally construing pro se complaints)
- Linda R.S. v. Richard D., 410 U.S. 614 (no private right to demand prosecution)
- Scott v. Edinburg, 346 F.3d 752 (Section 1983 does not protect against violation of state policies)
- Grieveson v. Anderson, 538 F.3d 763 (no substantive due process right to grievance procedure)
- Haley v. Gross, 86 F.3d 630 (deliberate indifference standard for inmate-on-inmate violence)
- Doe v. Welborn, 110 F.3d 520 (mere exposure to risk does not state Eighth Amendment claim)