HOLLINS v. ALLEN et al

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ARION HOLLINS, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:25-cv-02263-JPH-KMB
)
ALLEN Warden, 	)
KRISTIN PARTAIN, 	)
ABBY NP, 	)
MIKE BRAUN GOV., 	)
JOHN NWANNUNV DR., 	)
ROBERT E. CARTER, JR. Commisioner, 	)
JOHN DOE Director of Classification for
IDOC,
)
)
)
Defendants. 	)
ORDER SCREENING COMPLAINT AND DIRECTING FURTHER
PROCEEDINGS
Plaintiff 	Arion 	Hollins 	was 	a 	prisoner 	incarcerated 	at 	Pendleton
Correctional Facility ("Pendleton") when he filed this civil action alleging the
presence of the Legionella pathogen in the water at Pendleton.1 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
1 Mr. Hollins 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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determine whether the complaint states a claim, the Court applies the same
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
Mr. Hollins's factual allegations are accepted as true at the pleading
stage. See Lisby v. Henderson, 74 F.4th 470, 472 (7th Cir. 2023). The complaint
names as defendants (1) Warden Allen; (2) Nurse Kristin Partain; (3) Nurse
Practitioner Abby; (4) Governor Mike Braun; (5) Dr. John Nwannunu; (6) former
Indiana Department of Correction ("IDOC") Commissioner Robert Carter; and (7)
John Doe, IDOC Director of Classification. Mr. Hollins is seeking damages.
Mr. Hollins previously was an inmate at Pendleton but has since been
released. Dkt. 10. Mr. Hollins alleges that Warden Allen is aware that the
drinking 	and 	shower 	water 	at 	Pendleton 	is 	contaminated 	with 	Legionella
bacteria. Mr. Hollins arrived at Pendleton in August 2025. Within a couple days,
he 	was 	experiencing 	headaches, 	a 	scratchy 	throat, 	coughing, 	breathing
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problems, chest pains, and blurry vision. Mr. Hollins requested that Nurse
Partain and/or Nurse Abby test and potentially treat him for Legionnaire's
Disease, but neither would agree to test him.
III. Discussion of Claims
Applying 	the 	screening 	standard 	to 	the 	factual 	allegations 	in 	the
complaint, certain claims are dismissed while other claims shall proceed as
submitted.
First, 	Mr. 	Hollins 	has 	not 	alleged 	any 	personal 	involvement 	in 	any
constitutional wrongdoing by Governor Braun, former Commissioner Carter, Dr.
Nwannunu, or the IDOC Director of Classification. "[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). "The plaintiff must demonstrate a causal connection
between (1) the sued officials and (2) the alleged misconduct." Id. Furthermore,
to the extent Mr. Hollins is naming state officials such as Governor Braun as
defendants without allegations of their personal involvement, it is tantamount to
naming the State of Indiana itself as a defendant. But states and their agencies
are not "persons" who can be subjected to suit under 42 U.S.C. § 1983. See
Thomas v. Illinois, 697 F.3d 612, 613 (7th Cir. 2012). For these reasons, all
claims against Governor Braun, former Commissioner Carter, Dr. Nwannunu,
and the IDOC Director of Classification are dismissed.
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An Eighth Amendment conditions of confinement claim shall proceed
against Warden Allen. Eighth Amendment deliberate indifference claims also
shall proceed against Nurse Partain and NP Abby.
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 February 26, 2026, in which to file a motion to reconsider
the screening order.
IV. Conclusion and Service of Process
The clerk is directed to terminate Mike Braun, John Nwannunu, Robert
E. Carter, Jr., and John Doe as defendants on the docket.
The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process
to defendants Warden Allen, Kristin Partain, and NP Abby in the manner
specified by Rule 4(d). Process shall consist of the complaint filed on November
5, 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.
Defendants Partain and Abby appear to be employees of Centurion. A copy
of 	this 	Order 	and 	the 	process 	documents 	shall 	also 	be 	served 	on
Wexford/Centurion electronically. Wexford/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.
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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:
Warden Allen (At Pendleton Correctional Facility)
Electronic service to Centurion
Kristin Partain
Nurse Practitioner Abby
ARION HOLLINS
289301
6016 E. 42nd Street
Indianapolis, IN 46226
Date: 1/30/2026
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