1:25-cv-01594•GEE v. ALLEN et al
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1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DAMON T. GEE, )
)
Plaintiff, )
)
v. ) No. 1:25-cv-01594-JPH-KMB
)
TRENT ALLEN Warden, )
CHARLIE FOX Deputy Warden, )
W. CALLAHAN Maintenance, )
JEREMY ALBERSON Maintenance, )
ANDY BAGIENSKI Safety Managment, )
CHRISTINA WRIGHT Accountant, )
MARIE LOYD Medical, )
A. WILSON Medical, )
V. STANLEY Maintenance, )
)
Defendants. )
ORDER SCREENING COMPLAINT AND DIRECTING
FURTHER PROCEEDINGS
Plaintiff Damon Gee is a prisoner currently incarcerated at Pendleton
Correctional Facility ("Pendleton"). He filed this civil action alleging the presence
of several pollutants in the water at Pendleton in violation of the Eighth
Amendment and federal statutes. Because the plaintiff is a "prisoner," this Court
must screen the complaint before service on the defendants. 28 U.S.C.
§ 1915A(a), (c).
I. Screening Standard
When screening a complaint, the Court must dismiss any portion that is
frivolous or malicious, fails to state a claim for relief, or seeks monetary relief
against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To
determine whether the complaint states a claim, the Court applies the same
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standard as when addressing a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6). See Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020).
Under that standard, a complaint must include "enough facts to state a claim to
relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007). "A claim has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
Court construes pro se complaints liberally and holds them to a "less stringent
standard than pleadings drafted by lawyers." Cesal v. Moats, 851 F.3d 714, 720
(7th Cir. 2017).
II. The Complaint
The Court accepts Mr. Gee's factual allegations as true at the pleading
stage but not his legal conclusions. See Iqbal, 556 U.S. at 678 ("we must take all
of the factual allegations in the complaint as true," but "we 'are not bound to
accept as true a legal conclusion couched as a factual allegation'") (quoting
Twombly, 550 U.S. at 555)). The complaint names as defendants (1) Warden
Trent Allen; (2) Deputy Warden Charlie Fox; (3) W. Callahan, facility
maintenance; (4) Jeremy Alberson, facility maintenance; (5) Andy Bagienski,
safety management; (6) Christina Wright, accountant; (7) Marie Loyd, medical
worker; (8) A. Wilson, medical worker; and (9) V. Stanley, facility maintenance.
Mr. Gee is seeking damages and injunctive relief to "make sure all cellhouses . .
. have access to clean filter drinking water and shower water . . . ." Dkt. 1 at 6.
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Mr. Gee alleges that all Defendants "are part of the water risk management
plan facility directive-244." Id. at 3. He further states that the water at Pendleton
is "contaminated with Legionnaire's disease, H-pilori [sic], lead, and other
contaminants and toxins."1 Id. The water also "is brown and black at times and
has a very foul odor." Id. at 4. Although some cellhouses at Pendleton have access
to filtered drinking water, cellhouses J, G, and H do not. Mr. Gee has been
housed in G-house since April 2025. Also, staff and visitors at Pendleton are
advised not to drink the water there and staff members are provided with bottled
water to drink. Mr. Gee has become ill from having to drink the contaminated
water and has been denied medical treatment for those ailments. And, although
filters are placed on the showerheads, other prisoners take off the filters and
they are not replaced. Mr. Gee has submitted grievances about this issue, but
they have been ignored. Mr. Gee alleges that Defendants' conduct violates the
Clean Water Act ("CWA"), the Safe Drinking Water Act ("SDWA"), and the Eighth
Amendment.
III. Discussion of Claims
Although a plaintiff need not plead legal theories in a complaint, see Fed.
R. Civ. P. 8(a), Mr. Gee has identified the theories he wishes to use—violations
of the CWA, SDWA, and Eighth Amendment. Where a pro se litigant has
expressly stated the legal theory he wishes to pursue, the district court is not
required to analyze whether the allegations in the complaint might state a claim
1 Mr. Gee is not a participant in other lawsuits that have been filed regarding alleged
Legionnaire's contamination at Pendleton. See, e.g., Jackson et al. v. Holcomb et al., No.
1:21-cv-03120-JPH-KMB.
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<pageID>4 under a different legal theory. See Larry v. Goldsmith, 799 F. App'x 413, 416 (7th Cir. 2016) (citing Clancy v. Office of Foreign Assets Control of U.S. Dep't of Treasury, 559 F.3d 595, 606-07 (7th Cir. 2009)). Thus, the court analyzes Mr. Gee's claims only under the theories he has identified. Applying the screening standard to the factual allegations in the complaint, certain claims are dismissed while other claims shall proceed as submitted. First, regarding the CWA, it governs the "discharge" of pollutants into "navigable waters." See Sackett v. Env't Prot. Agency, 598 U.S. 651, 660 (2023) (citing 33 U.S.C. §§ 1311(a), 1362(12)(A)). The allegations of the complaint do not allege any such "discharge" by Defendants. Any CSW claims are dismissed. Second, the SDWA was passed to establish uniform standards for public water systems and to reduce contamination in drinking water. 67 Am. Jur. Proof of Facts 3d 95 (Vinal, R. 2002) (citing 42 U.S.C. §§ 300f et seq.). The SDWA gives private persons authority to bring an enforcement action for injunctive relief, Hootstein v. Amherst-Pelham Reg'l Sch. Comm., 361 F. Supp. 3d 94, 105 (D. Mass 2019), but "there is no private right of action for damages arising from a violation of the SDWA." Mays v. City of Flint, Mich., 871 F.3d 437, 450 (6th Cir. 2017) (citation omitted); see also Phan v. Aurora City Water Util. Admin., No. 21-CV- 00960-GPG, 2021 WL 5629068, at *1 (D. Colo. Apr. 13, 2021). Based on the screening standard above and Mr. Gee's requests for injunctive relief to remedy the contaminated water, his SDWA claims shall proceed only against Warden Case 1:25-cv-01594-JPH-KMB Document 15 Filed 02/20/26 Page 4 of 7 PageID #: <pageID>
5 Allen in his official capacity. Any claims for damages against any Defendant are dismissed. Third, to the extent Mr. Gee suggests Defendants were deliberately indifferent to his need for medical care, he has not specified how any of them were personally involved in depriving him of needed care. "[I]ndividual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation." Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation omitted). It is insufficient to plead that "one or more" defendants deprived a plaintiff of his constitutional rights without connecting specific defendants to illegal acts. See Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009). Any deliberate indifference claims based on medical care are dismissed. Finally, Eighth Amendment conditions of confinement claims shall proceed against all Defendants based on Mr. Gee's allegations that each of them has been part of a water risk management team at Pendleton and failed to take adequate action to provide safe drinking and shower water in cellhouses J, G, and H at Pendleton. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through March 11, 2026, in which to file a motion to reconsider the screening order. Case 1:25-cv-01594-JPH-KMB Document 15 Filed 02/20/26 Page 5 of 7 PageID #: <pageID>
6 IV. Conclusion and Service of Process The following claims are proceeding in this action: a claim for injunctive relief under the SDWA against Warden Allen only and Eighth Amendment conditions of confinement claims against all Defendants. All other claims have been dismissed. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Trent Allen, Charlie Fox, W. Callahan, Jeremy Alberson, Andy Bagienski, Christina Wright, Marie Loyd, A. Wilson, and V. Stanley in the manner specified by Rule 4(d). Process shall consist of the complaint filed on August 11, 2025, dkt. [1], applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The Court judicially notes that although Mr. Gee identifies defendants Loyd and Wilson as Indiana Department of Correction employees, Centurion Health of Indiana contracts with the State to provide medical care at all correctional facilities. The Court therefore will direct that a copy of this Order and the process documents to be served on Centurion electronically. Centurion is ORDERED to provide the full name and last known home address of any defendant who does not waive service if they have such information. This information shall be filed ex parte. The clerk is directed to serve the Indiana Department of Correction and Centurion employees electronically. Case 1:25-cv-01594-JPH-KMB Document 15 Filed 02/20/26 Page 6 of 7 PageID #: <pageID>
7 Nothing in this Order prohibits the filing of a proper motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. SO ORDERED. Distribution: Electronic service to Indiana Department of Correction: Trent Allen Charlie Fox W. Callahan Jeremy Alberson Andy Bagienski Christina Wright V. Stanley (All at Pendleton Correctional Facility) Electronic Service to Centurion A. Wilson Marie Loyd DAMON T. GEE 981951 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Electronic Service Participant – Court Only Date: 2/20/2026 Case 1:25-cv-01594-JPH-KMB Document 15 Filed 02/20/26 Page 7 of 7 PageID #: <pageID>
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